Despite the fact that I applied to the High Court with a Motion and Sworn Affidavit to Vacate and rescind the adjournment order of High Court Judge of the 27th of June 2005 on the 10th of October 2005 and which order as granted to me John Gill on the 10th October 2005 in the presence of John Hickie, Solicitor for Auctioneer John O’Doherty who is jointly and severally involved in the theft of my property, money laundering and active corruption. The order was applied for and granted with liberty to re-enter until such time as an investigation that is ongoing since the 11th of June 2005 by the Garda Bureau of Fraud Investigation is complete. As an Officer of the Courts John Hickey, Solicitor, lied to the court on the day, and is more contemptuous of the Criminal Justice (Theft and Fraud Offences Act 2001 (Section 51).

Auctioneer John O’Doherty and his legal team, Solicitor John Hickie, and Counsel Lorcan Connolly listed and brought me before the High Court on Circuit in Ennis, County Clare on 15th of November 2005. And after I had explained to the court that this whole matter was being investigated by the Garda Bureau of Fraud Investigation, the only excuse that John O’Doherty had was to tell the court that they had listed the case for hearing before Supreme Court Judge Adrian Hardiman, and left it up to me to tell the court what date it was listed for. The reason I knew was that I had accidentally found out, otherwise I have no doubt that there would be a behind the scenes action to trip me up.

To protect me, John Gill, from the malicious and vindictive conduct of those who will stop at nothing to COVER UP the theft of my property, I invoke Article 40.1.3.1’ 2’ and 40.6.I of our Irish Constitution. I quote from section 51.-(1) of the Criminal Justice (Theft and Fraud Offences Act 2001) any person who (a) knows or suspects that an investigation by the Garda Siochana into an offence under this act is being or is likely to be carried out and (b) falsifies, conceals, destroys or otherwise disposes of a document or record which he or she knows or suspects is or would be relevant to the investigation or causes or permits its falsification, concealment, destruction or disposal is guilty of an offence. Evidence of all of the aforementioned offences are used by John O’Doherty Auctioneer in the theft of my property at Woodland Heights and Ballinacragga, Newmarket-on-Fergus, County Clare including hot money and demanding that most of the sale price of the property be paid to Mr. O’Doherty under the table and thereby denying the state of important revenue by way of stamp duty and other revenue.

To keep abreast of Auctioneer John O’Doherty and his co-conspirator John Hickie, Solicitor, I phoned the Listing Office of the High Court on the 1st of December 2005 at 3.00 p.m. There was no sign of a listing. I called back again at 3.50 p.m. and still no listing. I phoned again at 3.10 p.m. on the 2nd of December but still no listing on record and was told that there was no Justice Hardiman in the High Court and the gentleman who I spoke with did not know how this case got into the High Court?

I was transferred to a senior registrar who had no listing of this case for Monday.

This Registrar told me that he would check and phone back later. I received a call at 4.15 p.m. to say that my case will be heard in Court No. 6 at 11.00 a.m. on Monday, 5th December 2005 before Supreme Judge Adrian Hardiman.

When we arrived at the reception desk on the 5th December 2005 I was told that there was no listing for Gill-V-O’Doherty and I asked what Judge was sitting court No. 6 and was told that it was Justice Finnegan. I then proceeded to the Listing Office and discovered that they were still in the dark and was referred to Principal Registrar Kieran Kelly.

Because of the way we have been treated by the Court Services and the Legal Profession generally I with four of my supporters went and sat in Court No. 6 at 10.30 a.m. There were many barristers and a few others in the courtroom and after a little while John O’Doherty and John Hickie arrived. Sometime later the Registrar told the court that the case that was listed to go on would not now be heard until 2.00 p.m. It was then that John O’Doherty and John Hickie began to-ing and froing with papers to the Registrar and leaving the courtroom with papers to people unknown outside, while we were waiting on Supreme Court Justice Adrian Hardiman to arrive. Two of my supporters went to the Round Room to meet and inform others of the fact that my case was not listed.

Two supporters stayed back - a senior civil servant and an Eircom promotion officer. Supreme Judge Adrian Hardiman arrived on the bench; when my case was called which was the only case in Court No. 6 I first handed to the Honourable Judge four letters from the Minister for Justice, The Garda Commissioner and the investigating detectives plus fifty pages which represents approximately half of the Fraud Report. I also handed up the Order of Justice Paul Gilligan of the 10th October 2005 and my Sworn Affidavit and Exhibits of proof.

The only argument that the opposition was able to put forward was a weak nitpick from Order 28 Rule 11 of the Rules of the Superior Courts.

There are thirteen rules in Order 28 of the Slip Rules of the Superior Courts. What is happening is that John O’Doherty asked Judge Hardiman to reverse his own Order of the 15th of November 2004 and give John O’Doherty and John Hickie another opportunity to forcibly steal my property by Forgery of Documents, Deception and Perjury. I await the Order/Judgement of Supreme Court Judge Adrian Hardiman. I phoned Registrar Joseph McGuane on the 6th December 2005 at 9.20 a.m. for the Order of Justice Hardiman and was told that he had to run the Order past someone before completion due to the fact that he was not familiar with the case. I asked Mr. McGuane why the door to the courtroom was locked while my case was being heard. Mr. McGuane said that the door was not locked and I told Mr. McGuane that a supporter, a retired schoolteacher and another civil servant tried to gain entry and were unable to do so.

I was since informed that a lady solicitor tried the door to help Joan and Tom gain entry and she informed them that the door was locked. Tom saw another man go to the door but did not go in. He also read the note on the door and went away. Most unusual while I was in conversation with Mr. McGuane on yesterday's date, Mr. McGuane told me that he had no time to prepare my order yesterday. I am looking forward to reading the order of Justice Hardiman. It will be interesting to find out whether a weak nitpick from the slip rule of the Rules of the Superior Courts will overrule serious criminal activity and the Theft of Property jointly by an auctioneer and a solicitor on the strength of FORGERY, DISTORTION and MASS PERJURY. It will be another test of the democratic institutions of the Irish State and the Fianna Fail led administration.

Signed: ___________________

JOHN GILL

7/12/2005

1. Minister for Justice, Equality and Law Reform, Michael McDowell, TD
2. John Hickie, Solicitor who is jointly involved with John O’Doherty
3. John O’Doherty, Auctioneer of O’Connell Street, Limerick
4. To all our members throughout the world on the Victims website
5. To our many well wishers in the opposition parties in Dail Eireann.

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1. Each member state shall take the necessary measures to ensure that legal persons can be held liable for fraud, active corruption and money laundering for their benefit by any person acting either individually or as part of an organ of the legal person who has a leading position within the legal person based on power on behalf or authority to make decisions or to exercise control within the legal person, involvement as accessories or instigators in such fraud, active corruption or money laundering or the attempted commission of such fraud. Each member state shall take the necessary measures to ensure that a legal person can be held liable where a fraud or an act of active corruption or money laundering for the benefit of that legal person by a person under its control.

 

2. Liability of a legal person shall not exclude criminal proceedings against natural persons who are perpetrators, instigators or accessories in the fraud, active corruption or money laundering.

 

3. Each member state shall take the necessary measures to ensure that a legal person held liable pursuant to Article 3 (1) is punishable by effective, proportionate and dissuasive sanctions which shall include criminal or non-criminal fines or other sanctions such as exclusion from entitlement to public benefits, disqualification from practise of commercial activities, placed under judicial supervision and a judicial winding up order.

 

4. Each member state shall take the necessary measures to ensure that a legal person held liable pursuant to ARTICLE 3 (2) is punishable by effective, proportionate and dissuasive sanction or measures.