(Unpublished) Letter to Times, Independent and Examiner

ALAN SHATTER on JUDGES

Putting aside the question as to the veracity of the Moriarty report in its every detail and eschewing entirely the controversy it has engendered, I refer to the statement of Minister for Justice Alan Shatter (http://www.justice.ie/) and the more generalised remarks he makes about the criticism of judges.

The Minister said that "Our judiciary play a crucial role in upholding the constitutional rights of individuals, rich or poor, without fear of or favour to any one individual or the State itself."

As a human rights activist, attending court over the past eight years, my experience has been entirely different. Put the State in court against any litigant and it will require all the might of the legal profession to defeat the State - even when the law of the land is patently against the State's position.

So, in the case of the State versus Clancy and Others (2006), three separate judges attempted to prevent the lawful defence of the five defendants being admitted for the consideration of the jury. Two of these judges had to resign from the case and the third had to re-consider, under powerful pressure from three Barristers, and eventually allow the lawful defence. The jury unanimously acquitted all five defendants.

Put the State against a lay litigant in a similar scenario.. There are now no powerful Barristers around, no independent press, and ninety nine times out of a hundred, the judiciary will not "uphold the constitutional rights of the individual without fear or favour to the State". The situation is even more draconian when a lay litigant takes a case against a judge or vice versa.

The "public confidence in our judiciary and in our courts", that Mr Shatter refers to, must be earned. If that confidence is ever restored, if ever we see a full and open transparency about the workings of the courts, the judiciary and the Courts Service, if a Judicial Council, independent of judges, is ever allowed to come into being in order to monitor judges' activities within their courts, or if arrogance on the bench is replaced with a modicum of humility, it will truly mark a new beginning.

Otherwise, Minister Shatter's vision of the Irish judiciary will remain a pleasant fantasy.

Is Mise

I have this strange feeling

I have a strange feeling that there is something very corrupt in the global economic system - but I can't put a finger on it.

Now, maybe if I had a hundred fingers . . . .


Support "Occupy Dame Street"

Support "Occupy Dame Street"

Stop Troy Davis execution

Only 24 hours left.

Georgia have turned down Troy's last appeal.

An innocent man goes to his death

Contact the Amnesty link to make a last ditch appeal to stop this cruel injustice.

http://takeaction.amnestyusa.org/siteapps/advocacy/ActionItem.aspx?c=6oJCLQPAJiJUG&b=6645049&aid=516533

Vanunu is not an Israeli citizen - let him out, Israel

In his letter last May to Eli Yishai, the Interior Minister of Israel, Mordechai Vanunu pointed out that the Knesset had just passed a law that removed the citizenship of anyone convicted of
espionage or treason, and that as he had been so convicted he should be deprived of his citizenship.

Mordechai spent 18 years in prison in Ashkelon, Israel, for blowing the whistle on Israel's nuclear armaments. Since his release he has not been allowed to leave Israel and lives under stringent security.

As of today, Mordechai has not received a reply to his letter.

Because of this delay his lawyer, Avigdor Feldman, went to the High Court in mid July to insist on a response. The Court ruled that Mordechai's petition, now over two months old, must be answered within 30 days, which should be by August 13th.

If you can, please write a letter in support of Mordechai to any local or national paper, media outlet or government member.

And you can email Mordechai at: vanunuvmjc@gmail.com. You may not get an answer but be sure all support will be welcome.

Deserters may be the bravest of soldiers

[LETTER SENT TO 3 NEWSPAPERS. PUBLISHED IN IRISH EXAMINER 13 JULY 2011]

A chara

As a pacifist opposed to all killing armies and all wars, I find no difficulty whatever with the pardoning of the Irish deserters. Those who left because they believed that killing humans was wrong should be very proud of themselves. Those who joined the Allied war effort should not be punished. Whether they were killing in an Irish or British Army they should have been free to leave, even to leave one for the other.

For whatever reason young people sometimes get themselves involved in joining armies and fighting wars. Governments pay vast sums of money on advertising, recruitment techniques and propaganda to entice them to do so. Once in, many soldiers regret their decision, but find themselves in a Hobson's choice situation where they must either let down comrades by leaving, or act contrary to their lights and consciences by staying. The full moral and legal force of each and every Army makes them fear leaving.

Some Irish soldiers became convinced that it was better to join a force that was fighting a war in Europe than stay in their own Army at home. Maybe this was again due to propaganda but it became their conviction. When they left they acted on their convictions - according to their lights and consciences.

Contrary to the indoctrination instilled by armies, deserters may be the bravest of their soldiers. Threatened with penalties of ostracism, exile, court martial, imprisonment and execution, yet they desert.

While I would prefer if the Irish deserters had never enlisted in any army, I don't believe that they need anyone's forgiveness for acting according to their lights. However if it would set their minds at rest, the honourable and humane thing for the State and the military to do would be to give them the technical pardon they request.

Is mise

Justin Morahan