31 August 2005

To Whom It May Concern

Currently, there is huge concern among the public concerning the unethical and bad behaviour of Judges in the Courtroom, which is reflected in their Judgements. These Judgements are both unfair, unsound and unjust, contrary to the constitution and the European convention on human rights. There are many reasons for this letter, which I will discuss at a later stage in more depth, if the public are interested in highlighting the issue and bringing about a change.

After all, you are the Voters and just as you have voted this coalition government into power you can also vote them out.

There is a website of people totally disillusioned with the Judiciary and people in general have lost all faith, trust and respect for the Judiciary.

The Government are the employers of these Judges and are responsible for their behaviour and their corrupt actions and I believe they must compensate those aggrieved.

Having talked to people on this website, most complaints are levied against Judges C. Moran (Circuit Court), Judges O’Caoimh and DeValera (High Court), I gather these hail from the Fianna Fail party, Judge R. Murphy (High Court). I would add to this Judge W. Hamill (District Court, Judge Ronan Keane and Judge Kearns (Supreme Court) to name but a few.

But who is giving the orders, is it the Government or is it corruption within the Judiciary itself? Who should ultimately carry the responsibility for seeing to it that Justice is carried out in the Courts in accordance with Law?

I will give you an example of the kind of thing I mean.

I initiated an action by way of Civil Bill where I was seeking a Declaration as to my Squatter’s Title. The matter concerns the farm of my late mother who died on 12 January 1994. The farm is my family home. I have lived and worked all my young life there. I started my own horse business there in January 1980 and I have continued on in beneficial possession of same since then, i.e. over 14 years before my mother’s death and 26 years to date.

My brother (who has at least 4 residential farms of his own around us) and is a civil engineer with Mayo County Council, brought an Ejectment on Title proceeding against me and my sister. This Squatter's Rights adverse possession issue is basically the other side's own argument against me in that proceeding. Judge C. Moran was the Judge presiding and it turns out that this Judge was a personal friend of the husband of one of the witnesses against us on the other side. In his summing up, the said Judge declared that he was placing a heavy weight on the evidence of this friend’s wife.

As I said above, I initiated a Squatter's Rights issue by way of Civil Bill in the Circuit Court in March 2003. The other side failed to lodge a Defence despite being given extension of time to do so. Therefore, I brought a Motion for Judgement in Default of Defence. The hearing was set for 14 October 2003. The other side lodged a Counter Motion on 2 October 2003 seeking to strike out my Motion as frivolous, vexatious, res judicata, abuse of process and no cause of action.

On the 14 October 2003 I applied for an Adjournment because I had applied for Legal Aid as it was a complex matter (or rather it has become a complex matter because of corruption in the Judiciary) and I was waiting for a reply. The other side opposed my application.

I appeared before Judge Kennedy as she said to let things stand until I got a reply from the Legal Aid Board and if they refused my on the basis ‘dispute as to lands’ then I could apply to re-enter the matter on the list and represent myself. (Oddly enough, as I understand it, if I was a married woman I would have no problem in getting Legal Aid but because I am single, if the matter concerns ‘a dispute as to lands’, they can refuse you help).

The matter (i.e. my Civil Bill, my Motion for Judgement in default of Defence) came for mention before Judge Kennedy on 9 March 2004. The other side, i.e. my brother and his wife, were not present. I informed him that I was refused help from the Legal Aid Board on the basis ‘dispute as to lands’ and that I would be applying to re-enter the matter in the list as a later stage, but for now I applied for an abatement/freeze on everything pending an outstanding matter before another Court which was just around the corner (this latter involved an application for Leave for Judicial Review on the Ejectment Order of Judge C. Moran made on 7 April, 2000, the appeal route having been blocked).

The said Judge excused himself for half an hour, he said he wanted to go into his Private Chambers to check up on things and refresh his memory.

When he returned he dismissed my claim as frivolous, vexatious, res judicata, no cause of action and abuse of process. I asked for reasons, as this issue above had not yet been heard in any Court yet. He answered ‘I don’t care what you think of my decision or how you interpret it or what you do with my Order.

I appealed the Order of Judge Kennedy, made 9 March 2003 to the High Court. The hearing came before Judge DeValera and he confirmed Judge Kennedy’s Order with costs to the other side. He gave no reasons.

However, it transpired that Judge DeValera had only the jurisdiction to rule on my application for abatement/freeze on the matter (till after a pending outstanding matter before the Supreme Court) and not on the issue of Squatter's Rights and my Motion for Judgement in default of Defence.

There is now the ludicrous situation that on paper the matter is dismissed and in reality the case has not yet been determined. If I cannot re-enter the matter before the Court to have my case heard I will continue to be harassed with Eviction Orders and Notices - I cannot get on with my life because of the limbo situation I have been forced into.

This farm is lawfully mine according to the law of the land, so why am I being blocked from enforcing my rights? My sister and I live in limbo and fear of being evicted for the last nearly six years.

This farm is prime Development Land and I believe that there is somebody in the Government involved in this area of Property Development who is interfering with Judges to get them to use their powers to put a lid on our cases, for want of a better word.

My case is very like the McBrearty’s case in Donegal (COVER UP)

I am anxious to get my Motion for Judgement in Default of Defence re-entered on the list because until a date is fixed for the hearing, I am not in a position to serve and file my Replying Affidavit to the other side’s Cross Motion.

It’s imperative that we get a Judge, preferably a woman Judge who is less likely to take a bribe from the other side or be influenced by someone on their behalf. I invite the media to be present for protection because from my experience there is a huge prejudice against Litigants in person in this country. In my case it would cause undue hardship to hire solicitors as I had done in the past and the Legal Aid will not help either on the basis ‘dispute as to lands’.

My complaints over the years are:

• Court’s lists being tampered with on a number of occasions (like Sheedy Affair)
• Court evidence going missing
• Huge prejudice shown by the Judges to me and my sister
• Being shunted off into side courts at the last minute to have our hearing disposed of, where there are not witnesses present to hear what is going on in the courtroom

There is such a cover-up among the Judiciary that the Judges are literally running into each other and constantly contradicting each other. I can prove this.

The corruption was so bad that my Legal Representatives asked me to take over the cases myself and I did and they were right, I can stand over everything I say. I have been through the Motion of Due process but due process is no good where you have corruption behind the scenes and the Judges have already made up their minds to put a lid on the case before evidence is even heard, not that they allow evidence to be heard in the first place.

When people’s Constitutional Property Rights are being infringed, because of Judges using their powers to pervert the course of Justice, then the people have a right to know and pressure should be put on the Government to do something about it and to put things right.

The above is only a simplified version of what has happened in our cases and has left me and my sister in limbo for the last eleven and a half years and left us penniless. This farm is the only home and livelihood and security my sister and I have and it is our constitutional right to defend it.

I would ask you to help me to gain access to the Courts to have any Squatter's Rights Issue heard before an impartial fair Judge. I will be applying to the Court in October to re-enter my matter on the list and I invite the public to be present to see first hand the prejudice shown to lay litigants, especially women lay litigants.

My brother, a week or so after my mother's death, has put all the cattle and sheep of his own four farms around us onto our land and this is destroying the land and starving my animals and causing huge stress and hardship on me and my sister.

My brother, who is trying to evict me and my sister, also assaulted me and my sister in October 1994 leaving me in intensive care with a fracture to my skull and a clot on my brain; this case never got to court.

I believe influence was used at the highest level in the Judiciary and the Government to put a lid on the matter and nothing ever got to court.

As stated above this is only one small example of what I have had to put up with in the Courts.

I gather there is a protest against precisely this sort of corruption in the Judiciary this weekend in Raphoe, Co. Donegal, on Saturday at 11.00 a.m. I will be present and I urge anyone with a genuine grievance to come along as well.