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Unionists protest at SF guard over shot Adams

Confidential files released

TODAY sees the release of previously confidential files from Stormonta and the NIO (Northern Ireland Office) covering the two years 1983 and 1984. This marks a change as Public Records Office be gains to phase towards a new ’20-year rule’. In total 1,047 files are released today of which 225 are subject to full closure while 366 are subject to ‘redaction’ or blacking-out. Those partially closed include files on the use of baton rounds, ‘political developments’ and ‘compensation to innocent victims’. Many are of these files are partially closed until 2067 (I wonder what they are hiding about the Shame Fein sellouts). Reporting on the Belfast files for the Irish News is Dr Damon Phoenix, a political historian and broadcaster and author of Northern Nationalism 1890-1940 (1994) and co-author of Conflicts in the North of Ireland 1900-2000 (Four Courts Press, 2010). Irish government files are released today under the ‘30-year rule.’ Reporting from Dublin is the Press Association‘s Ed Carty. The next lot of pages will be dedicated to these newly released files.

STATE PAPERS Belfast and Dublin

ON March 14 1984 Gerry Adams, the new Shame Fein MP for West Belfast, and three companions were shot and wounded by the UFF while driving back from a court appearance in Belfast city centre. Mr Adams was rushed to the Royal Victoria Hospital for emergency surgery.

Show your anger at Shame Fein ‘VOTE INDEPENDENT’ !!!

Mr Adams stay in hospital was the subject of a series of complaints by the Ulster Unionist MP for South Belfast, Rev Martin Smyth alleging that Shame Fein leader was being ‘guarded’ by republicans at the RVH. In a note on file for the NIO uunder-secretary, John Patten on March 22 1984, R F Sterling, an official at the DHSS reported that Rev Smyth had phonened the minister’s office to complain about reports that Shame Fein members were gaurding the West Belfast MP and his colleagues. According to Sterling, Rev Smyth was “particularly indignant that these people were reported to be stopping and questioning members of the public within the hospital”.

Sterling explained to the minister that Adams and his companions had been housed in a secure ward and placed under the protection of armed police. All four, he noted, were material witnesses to an armed assault and “clearly their lives were at risk”. Questioned by Rev Smyth in the House of Commons on March 21, 1984 about the alleged ‘Shame Fein guard’ over Mr Adams, secretary of state Jim Prior insisted that the Shame Fein leader “was given medical attention under the protection of the RUC”. He also rejected a claim that British Intelligence had been aware of the murder bid on Mr Adams in advance. In a letter to Rev Smyth on March 22 1984 Mr Prior admitted that the hospital authorities believed that during Mr Adams ‘ stay at the RVH some members of Shame Fein might have been present but that they were confined to the public areas and “were not guarding” the Shame Fein leader.

With many thanks to: Dr Eamon Phoenix, The Irish News.

Related articles

This lady needs legal advice our help – PLEASE IF ABLE TO HELP PLEASE CONTACT ME !!

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Anna MacIntyre

This is a sworn affidavit by a solicitor and it was dismissed as HEARSAY along with all the evidence on this page. We now have to wait 4 years for an appeal to the supreme court in Ireland. This is not a joke and if you would not mind posting this page to anyone such as media, politicians etc that might be able to help it would be much appreciated.

International Treaties and the Royal Prerogative

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Select Committee on Constitution Minutes of Evidence

Memorandum by Mr A Dakers

International Treaties and the Royal Prerogative

Ministers of the Crown have, from time to time entered into treaties on behalf of the UK. It should be noted that the Ministers concerned must seek authority from the Crown by the Royal Prerogative before signing. Because the Monarch is constitutionally bound to respect the provisions of the common law, which were recognised in Magna Carta and declared in the Bill of Rights, such Royal Prerogative has the following restrictions. (The term “prerogative” means a right or privilege exclusive to an individual or class).

(a)  Prerogative cannot be used in an innovatory way. If this were not so, the executive could dispense with Parliament and Judiciary and become an unlimited tyranny. Any future Attorney General could claim that an edict was part of a treaty and it would become unquestionable.

(b)  The use of Prerogative power may not be subversive of the rights and liberties of the subject. (The case of Nichols v. Nichols stated “Prerogative is created for the benefit of the people and cannot be exercised to their prejudice”.)

Royal Prerogative may not be used to suspend or offend against Statutes in Force. This comes from the Bill of Rights and the Coronation Oath Act which specifies the following form of words; “Archbishop: Will you solemnly promise and swear to govern the peoples of the United Kingdom of Great Britain and Northern Ireland . . . according to their respective laws and usages.” Prospective Monarch: “I solemnly promise so to do.” Note the similarity to the Judicial Oath. This is because the Courts dispense justice on behalf of the Crown.

The Limitations of Royal Prerogative are clear:

“No prerogative may be recognised that is contrary to Magna Carta or any other statute, or that interferes with the liberties of the subject. The courts have jurisdiction therefore, to enquire into the existence of any prerogative, it being a maxim of the common law that the King ought to be under no man, but under God and the law, because the law makes the King. If any prerogative is disputed, the Courts must decide the question of whether or not it exists in the same way as they decide any other question of law. If a prerogative is clearly established, they must take the same judicial notice of it as they take of any other rule of law.”

Bowles v Bank of England (1913) confirmed that, “the Bill of Rights still remains unrepealed, and practice of custom, however prolonged, or however acquiesced in on the part of the subject can not be relied on by the Crown as justifying any infringement of its provisions”.

The Bill of Rights 1688 is a declaration of the common law. It is also an operative Statute. It contains the Oath of Allegiance, which is required by Magna Carta to be taken by all Crown servants including members of the Armed Forces, MP’s, and the Judiciary. They are required not to “take into consequence or example anything to the detriment of the subjects liberties”.

The Oath required of Crown servants includes “I will be faithful and bear true Allegiance . . . “The qualification “true” confirms that allegiance is not required to a Monarch whose actions are unlawful.

It can be shown that we have recently had a coup-d’etat in this country. This was accomplished when the Government took control over the armed forces to use them for political purposes.

The Bill of Rights allows the Crown a standing army in peace time and who’s members swear allegiance to defend Her “in person Crown and dignity against all enemies”. No one else (except the Duke of Argyll), is allowed an army.

The Armed Forces Act 1996 purports to allow the Crown to set aside the requirement for annual army acts. It states that the Crown may authorise the armed forces by “Order in Council“. This provision would permit the Government to use the Armed Forces even if Parliament was suspended, and is contrary to the intent of the Bill of Rights.

Various defence reviews have resulted in the Government issuing mission statements that claims that the forces role in future is to defend the Realm and “to implement Government policy, in particular foreign policy”. This is from documents published by the MOD and available from them and on the Web. It means that the Government is now claiming that it can use the Army for its own purposes where the safety of the Realm is not threatened. Serving members of the Forces have been invited to sign new contracts agreeing to this new arrangement. Recent recruiting adverts for the Forces reflect this. A recent cinema advert for the RAF depicts a foreign “peace keeping” operation and has the slogan “Their country needs you”.

This is a equivalent to a coup.

13 August 2005

Helpful Addresses To Help Support The Repatriation Of Michael Campbell.

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Repatriate Michael Campbell Campaign

Helpful addresses to support Michael.

Department of the Taoiseach

Government Buildings

Upper Merrion Street

Dublin 2

Ireland

taoiseach@taoiseach.gov.ie

Department of Foreign Affairs and Trade

80 St. Stephen’s Green

Dublin 2

Ireland

tanaiste@dfa.ie

Department of Justice and Equality

94 St. Stephen’s Green

Dublin 2

Ireland

minister@justice.ie

The Irish Embassy in Lithunia:

Irish Embassy in Vilnius,

Lithuania

Gedimino pr. 1

01103 Vilnius

Lithuania

Telephone (+370) 5 2699460

Telefax (+370) 5 2699462

Lithuanian Embassy Dublin

LIETUVOS RESPUBLIKOS A

MBASADA AIRIJOJE

47 Ailesbury Road,

Ballsbridge, Dublin 4

IRELAND

Tel. +353 1 2035757

MICHAEL CAMPBELL

Pravieniskiu Pataisos

Namai-Atuiroji Kolonlja

2-oji Valdyba

Pvavieniskiu # 1x

Kaisiadoriu

LT-56552

Lithuania

LITHUANIAN PROSECUTOR.

Gedgaudas Norkunas

Prosecutor

Vilnius regional

prosecutor’s office

Rinktinés str. 5a

09233 Vilnius

Lithuania

300 GAGGING ORDERS SILENCE PUBLIC-SECTOR WORKERS SINCE 2009 !

‘It is a matter that the NI executive needs to address in terms of accountability – Kieran Bannon.

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THREE hundred so-called gagging orders have been used to silence public-sector workers – the majority former police officers – since 2009. The orders can be used to prevent staff speaking publicly to the press about their former employer.

Also known as confidentiality clauses, they are usally agreed when an employee is made redundent or leaves an employer following a workplace issue or disagreement. More than 230 police officers and 50 staff members at the Stormont executive agreed to confidentiality clauses. The clauses can be used in settlement agreements to stop industrial tribunal cases being heard and can cost the taxpayer tens of thousands of pounds. In March the British government banned gagging orders for NHS employees after it emerged that more than £18 million had been spent on silencing 600 staff. The issue has caused uproar at Westminster, with communities secretary Eric Pickles warning against using “under-the-counter pay-offs to silence departing staff”.

Civil service union Nipsa expressed concerns over public funds being used “simply to silence individuals”. Kieran Bannon, assistant general secretary of Nipsa, said that confidentiality clauses can “undermine the principles of accountability and propriety”. “It is a matter that the NI executive needs to address in terms of accountability, firstly in relation to the use of public funds but equally the accountability of public-sector employers for their actions,” he said. A total of 236 PSNI officers agreed to confidentiality clauses as part of employment tribunal settlements. Almost 200 of these were part of a class action settled earlier this year, according to a freedom of information request submitted by  The Irish NewsThe Department for Social Development (DSD) accounted for the vast majority of the confidentiality clauses used in the executive, with 39 imposed since 2009.

Five staff members in the Department of Agriclture and Rural Development agreed to confidentiality clauses as part of compromise agreements. The Department of Health also used confidentiality clauses in two out-of-court settlements relating to industrial tribunal cases. Other public bodies also revealed some employees agreed to gagging orders over the past four years. Eight assembly staff members agreed to confidentiality clauses. None of the cases prevented employees from whistleblowing. A total of 16 Western Health and Social Care Trust employees and one ambulance service staff member agreed to confidentiality clauses since 2009. One Belfast trust employee agreed to a confidentiality clause as part of the termination arrangement. The trust said the clause was mutually agreed and phrased to “protect both the employer and employee”, with no specific clauses in relation to the press. According to employment lewyers, most compromise agreements include confidentiality clauses. They can be used to bar employees from talking publicly or to the press about their former employer of the circumstances under which they left. Mr Bannon said confidentiality clauses usually form part of compromise agreements and are used in tribunal settlements to stop cases being heard. “Nipsa would have concern if public funds were used simply to silence individuals,” he said. “The use of confidentiality clauses means the general workforce and the public are not aware of the actions of the employer and in a case involving public-sector staff it is even more important that the employer is held to account for its actions given the potential impact on public funds.” No figures were available to determine how much was spent in the north’s staff settlements that used confidentiality clauses. A DSD spokesman said : “We are not in a position to make an informed comment how this department’s figures compare to others. DSD is, however, the largest of the Northern Ireland Civil Service departments.”

With many thanks to : Brendan HughesIrish News.

CONTINUED ABUSE OF CHILDREN AND ILLEGAL STOP SEARCHES BY THE PSNI/RUC

harrassment

Derry 32 County Sovereignty Movement

JUN

17

Continued abuse of Children and illegal stop searches by the RUC

A young mother was travelling with her partner and her 10 year old son when stopped by the RUC/PSNI who followed them before deciding to stop and search them as they passed through a Loyalist area. She was told that they intended to carry out a search under the illegal section 44 and proceeded to conduct a search. They stated then that they intended to conduct a search on her 10 year old son who in fear clung to his mother and while searching him they pulled down the trousers of the youngster.

The young mother and child were absolutely distraught and this shows that the supposed new face of policing have no qualms about abusing young children to enforce their will upon parents.

May 11

RUC/PSNI target infants and family at Toy Store

Derry 32 County Sovereignty Movement would like to bring to the attention of the General public the ongoing targeting and abuse of Children by the Sectarian force who run amok under the banner of  “Police Service of Northern Ireland.”

The devolution of Policing and renaming of the Royal Ulster constabulary is merely what a lot of people had guessed it would be… A simple cosmetic exercise designed to try and lend a veneer of respectability around a Corrupt British Sectarian force.

 

REPUBLICAN REFUSED APPEAL CHALLENGING ‘CLOSED MATERIAL’ !

” We are surprised and disappointed by the decision of the Supreme Court but nevertheless bound by its ruling ” – Peter Murphy.

LURGAN Republican Martin Corey has been refused permission to appeal to the Supreme Court challenging the refusal to allow his defence team access to ‘closed intelligence’ used to keep him behind bars for the past three years.

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English: Clarence Thomas, Associate Justice of...

English: Clarence Thomas, Associate Justice of the Supreme Court of the United States (Photo credit: Wikipedia)

The 63-year-old has been held in Maghaberry Prison since 2010 after his life licence was revoked by the then Secretary of State, Shaun Woodward, on the basis of “closed material”. His defence team, led by solicitor Peter Murphy, have argued that they are prevented from defending against allegations that he is a danger to public safety because three successive secretaries of state have refused to disclose “confidential intelligence”. The lawyer says they will consider taking a human rights case to the European court at Strasbourg. Corey, who served a life sentence for the joint-enterprise murder of two members of the RUC in 1973, was released from prison on licence in 1992. In April 2010, when he was working as a grave digger, he was arrested and his licence was revoked. In 2011 he was refused parole.

During a High Court appeal in July 2012 Mr Justice Treacy found that the Parole Commissioners had acted in breach of the Lurgan man’s human Rights and that insufficient detail about the allegations had been provided to him. The judge ruled that Corey should be released on bail immediately but this decision was overturned within hours by then secretaty of state, Owen Paterson. Yesterday Mr Murphy said : “We harbour the greatest concerns about the authenticity and strength of these allegations that have seen Mr Corey, deprived of his liberty for over three years. “In short, we see this as internment 2013 and if there is any real confidence on the part of the secretary of state [Theresa Villiers] that only one of these allegations is true, then we would challenge those responsible for having Mr Corey incarcersted to initiate a proper investigation and if needs be charge Mr Corey. “We are surprised and disappointed by the decision of the Supreme Court but are nevertheless bound by it’s ruling. “We will now however be seeking to have our client’s basic human rights and specifically the right to challenge the ongoing deprivation of his liberty, vindicated by the European Court of Human Rights in Strasbourg”. Jim Mcllmurry, who acts as a spokesman for Corey, said : “Martin has come to expect little, and often less, when it comes to the justice system in the North of Ireland. “Our attendence at the Supreme Court in London would have given us the opportunity to expose many aspects of this case which I feel would not be found acceptable in any English court. “He has served what amounts to a six-year sentence without ever being questioned, charged or sentenced.”

With many thanks to : Allison Morris, Irish News.

MESSAGE FROM MARTIN COREY – MAGHABERRY PRISON

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Angela Nelson

Below I have posted an update on Martin Corey which explains the events of yesterday. Martin has once more been denied basic human rights through a corrupt system led by the Sec of State, Teresa Villiers and the British Government. Everything his legal Representatives try, to reach some sort of conclusion on Martin’s Administrative Detention is being thwarted. He has served a 6 year sentence to date with no charges leveled against him. This news is “Soul destroying” for Marin and his family. Please read and share.

 

Latest update on Martin Corey from his friend Jim McIlmurray.

 

At 4:50 pm yesterday, May 2, 2013, I received the news that the High Court had overruled the application to take Martin’s case to the Supreme Court in London.

 

This devastating news came without warning. Martin’s legal team has spent months building his case with such strong conviction that I feel it would have ensured his immediate release under the European Convention on Human Rights.

 

In July 2012, a Belfast High Court judge ordered Martin’s immediate release, which was overturned within hours by the then unelected Secretary of State, Owen Patterson.

 

This decision was challenged in the High Court and the case concluded unsuccessfully in December 2012 with the three-man panel of judges upholding the directive of Owen Patterson. At that stage, an application was made to appeal the High Court’s decision in the highest court in the country, the Supreme Court in London.

 

I spoke with Martin this evening and informed him of the news. Martin has come to expect little, and often accept less, when it comes to the justice system in the North of Ireland.

 

Our attendance at the Supreme Court in London would have given us the opportunity to expose many aspects of this case which I feel would not be found acceptable in any English court. The fact that the Secretary of State could hand out directives, dismissing decisions by High Court judges, would have been highlighted in the Supreme Court in London, exposing the fact that politicians in the north of Ireland rule the judiciary. The biggest disappointment has to be the fact that had we not received justice in the Supreme Court in London, we would have had the opening to bring Martin’s case to the European Court of Human rights. This is an avenue we can still explore, but without having exhausted every domestic court in the country due to our denial to attend the Supreme Court, it will be somewhat harder to achieve a hearing within a realistic timescale.

 

Martin has now been in Maghaberry Prison for over three years. The course of the law states, as I understand it, if you have committed a crime, you are: questioned, charged, tried in court, sentenced, and then imprisoned. Within the past three years, Martin has NEVER been questioned, charged, or sentenced. He has served what amounts to a SIX YEAR sentence.

 

We are currently awaiting a confirmed date for a parole hearing. Martin is entitled to an annual Parole Board Review. In February of this year the European Court of Human Rights stated that 13 months was an unacceptable period of time for a prisoner to wait for a parole hearing. Martin has now waited 19 MONTHS WITHOUT A PAROLE REVIEW.

 

Today’s announcement of the High Court ruling has been a bitter blow to the campaign for his release, but it will not undermine my determination in seeking his release. If anything, it will harden my resolve for justice.

 

We need to expose this continuing tyranny. British government officials are quick enough to state that the world’s worst human rights abusers are Burma, Equatorial Guinea, Eritrea, Libya, North Korea, and Sudan. Over the past three years I have witnessed first hand everything these officials have done to Martin and I feel the British government is making a mockery of truth by not including its own name on the list above.

 

 

 

 

SUICIDE MAN GETS BAIL AS HE’S DYING IN HOSPITAL

Inmate was on remand during death bid !

A PRISONER was granted bail as he fought for his life in a Belfast hospital after an attempted suicide in jail, we can reveal. But the bizarre circumstances mean the Northern Ireland Prison Service do not have to record Joseph Rainey‘s death as a ‘ death in custody ‘.

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Once again, however, the Prisoner Ombuinye will be called in to investigate the tragic circumstances at the controversy-hit Hydebank Wood Prison in South Belfast. And it’s the first major headache for new Governor Paul Norbury who only took up he new post at Hydebank two weeks ago. The jail has been dogged with scandals and there have been a number of inmates who have died at the prison which caters for young offenders as well as women.

Burglary

Last year the Governor Paul Alcock was suspended after inmates Frances McKeown and Samuel Carson took their own lives within hours of each other.The latest tragedy came as Joseph Patrick Thomas Rainey was in Hydebank Wood and Young Offenders ‘ Centre on remand awaiting trial for an attempted burglary charge. The 20-year-old, from Oldpark Avenue, North Belast, tried to hang himself in the prison’s Beech House but was cut down by prison officers. After 10 days on a life support machine, he passed away on April 19. The Sunday World has now learned that in an extraordinary twist, Rainey was granted bail in court – as he fought for his life in hospital a week after he tried to commit suicide. His case was listed for April 17 at Belfast Magistrates Court where he was officially remanded on bail and then last Wednesday,  April 24, the charge was officially withdrawn – after he had died. On Saturday night the Prison Service said it ‘accepted’ that his death was not a ‘death in custody’ because he had been granted bail – even ‘though the event which led to his death occurred behind bars. And they confirmed the Prisoner Omdudsman, Pauline McCabe, would be investigating.

Danger

Part of that investigation will centre around the fact that Joseph Rainey was deemed to be a Supporting Prisoner At Risk (SPAR) by the Nortern Ireland Prison Service. But despite prison chiefs recognising he was a potential danger to himself they decided not to place him in a specially designed cell for such inmates. Prison sources have said the Prison Service could be let off the hook bencause of the technicality. “Incredibly they are not treating this as a ‘death in custody’ because Rainey got bail before he died,” says a source. “but it’s yet another embarrassing case for them to deal with. The new Governor had barely taken his coat off and he has now had this chucked on his lap. “It’s not a great start but the incident happened before he officially started in the job.” A spokesman from the Prison Service said on Saturday night : “As Mr Rainey was bailed prior to his death it is accepted that this is not a ‘death in custody’ but as the cause of death is directly attibutable to his time in custody, his death will be the subject of a Prisoner Ombudsman investigation in line with her terms of reference.” Paul Norbury was appointed governor of Hydebank Wood in February 10 months after his predecessor was suspended following allegations of misconduct.

Applied

It emerged rather surprisingly, that Mr Norbury was the only candidate who applied for the job which comes with a salary of £72,000. Mr Norbury has been a prison governer elsewhere since 1982, with his most recent role in Wymott Prison in Leyland, Lancashire. An interim governor has been running Hydebank Wood since Gary Alcok was suspended in May last year. He was suspended after a report into the circumstances surronding two young inmates who took their own lives within three hours of each other in May 2011. Both prisoners, Frances  McKeown and Samuel Carson, had been subjected to bullying inside the jail. The suspension, after an interim report carried out by Ombudsman Ms. McCabe sent shockwaves through the Prison Service as it was the first time a jail Governor had been suspended from his post in over 140 years. In August Mr Alcock was charged with misconduct after a recommendation by an independant team from the Scottish Prison Service who were asked to carry out an investigation.

With many thanks to : Steven Moore, Sunday World.

 

COUNCILLORS’ GOLDEN HANDSHAKE RAISED TO £35k DESPITE PLEDGE

Cost of local government reform payments expected to be more than £4 million overall

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THE golden hhandshake being offered to councillors who resign their seats ahead of planned local government reform has risen by £5,000 – despite assurances from Alex Atwood that it would not increase. The environment minister last year proposed capping the lump sum payment for long-serving councillors at £30,000.

He said he would even consider the payment being lower. However, in fresh proposals published yesterday it emerged that the figure had in fact increased to £35,000. While the Storming legislation streamlining the North’s local government structures has yet to be passed, it is hoped to reduce the region’s 26 local authorities to 11. The first eelections for the enlarged council areas are expected to take place next year alongside the European elections. It will mean 120 fewer council seats. Ahead of the poll, councillors wishing to retire and avail of the severance payment must tender their resignations. Only councillors who have served a minimum of 12 years will be eligible for a payment, which will be tax-free up to £30,000. The overall  cost of the golden handshakes is expected to be more than £4 million.

“This scheme is designed to recognise the contribution of long-serving councillors who will not be standing for reelection, many of whom have served their communities during periods of political unrest,” the SDLP politation,said. “These councillors have made a significant contribution to the needs of the people in their areas.” In a statement in August, the minister said the severance payment would be “no higher than £30,000″. He wwent further to add that he ” may decide it should be lower”. Responding to queries about the figure had increased by more than 16 per cent, the minister said the reason was “simple”. “I strongly believe – and I think people understand – that those councillors who have served longest, whom worked fearlessly in demanding times for those in need and did so with only small financial recognition deserve recognition as they leave public life,” he said. “I consider a cap of £35k is the right and fair threshold for those who have served so long.” Mr Attword said it had been agreed there will be a bar on the council/MLA double jobbing and that last year he had cut the allowance of assembly members who were also councillors by two-thirds. “Across the range of issues, my approach has been to recognise long service but tackle decisively double jobbing and double incomes,” he said. The public is being invited to comment on the latest proposals in a consultation exercise at the end of May.

With many thanks to : John Manley (political reporter) Irish News.

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