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Posts tagged ‘Gardai’

Criminal corruption and cronyism between the DPP s office/senior Gardai in Ireland!

Sent in to us today! Sunday 22.02.2015

Dear Machholz,

Criminal corruption and cronyism between the DPP s office/senior gardai and private solicitors/barristers/TDs.
NO solicitor/barrister who works for the DPPs office should be working privately for a defendant.
This is a SERIOUS CONFLICT of interest and has to stop.


The DPP s office, Labour/FG, senior gardai, private solicitors/Barristers firms
and judiciary are all in cahoots together. This is how with this corrupt justice
system, no one gets a fare hearing/trial in court. Its all just a kangaroo court.All their little cozy chats before court,
stitching people up. THIS PRACTICE HAS TO STOP.

We need something urgently done about this corruption and collusion
in our justice system. All are political appointments by TD s of their
relatives and cronies on the HIGHEST paid salaries in the WORLD.

TD Brendan Howlin has made the DPP s office in Ireland the HIGHEST paid state prosecutions office in the
world and he has also made sure to hide this information under the freedom of information Act.

“two individuals in the DPP’s office receive a salary between €150,000
and €200,000 (Clare Loftus and Liz Howlin ,Brendan Howlins own relative), with 21 employees
earning between €100,000 and €150,000”  and these salaries does not include the BONUSES they get ,
despite millions paid out by the tax payers in MISCARRIAGES OF JUSTICE as a result of the DPP s wrongful prosecutions
of innocent people.



No accountability in the DPP s office, just collusion and corruption and kangaroo court










” Of the 22 positions filled by Brendan Howlin, the public expenditure
and reform minister, none were advertised”



Your Rights & How to Deal with the Gardaí

Never cooperate with the Gardaí unless …

2013-10-15 19.41.16

“The State guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen”. Constitution of Ireland – Bunreacht na h-Eireann, Article 40.3.1.

The wide-spread and systematic corruption of Gardaí that has been exposed in this country might lead us to believe that we should be entering a new era of accountability. No, far from it, the opposite is true. That new era began last October 2006 and continues now with the practical ongoing training and conditioning of hundreds of Gardaí at Bellanaboy, to the use of violence over the rule of law.

In that context of institutionalised Garda violence, I‘d hope that this article could go some way in empowering you to adopt the policy of:

Never cooperating with the Gardaí unless …
1) You have been informed of a reason why they suspect you of committing an offence,
2) You are being assaulted by them and/or threatened with fear for your personal safety or your life.

Know your rights and exercise them.
Know your rights and exercise them.

This article is an attempt at re-defining and updating ‘the rights’ of those who are actively involved in protest in this country, and who face the potential of Garda abuse of power and violence that is directly associated with state oppression of legitimate dissent.

Advice is given here in the context of the Shell to Sea Protests at Rossport & Bellanaboy, Co Mayo, where experience has taught us much. But I hope that the legal info here and the practical application of it, can be of value to anyone facing similar problems when dealing with members of An Garda Síochána in any protest situation, anywhere in the country.

In Ireland we are lacking in definitive ‘Know your rights’, ‘Bust Card’, ‘Arrest Info’, ‘Custody Rights’ information, publications, and flyers etc. British activists, for example, who are more experienced and practised than us within a larger network, are much more on this case than we are. The simple but very apt ‘Delia Smith Bust Card’ included further down in this article is a fine example.

The Irish Council for Civil Liberties (ICCL), http://www.iccl.ie , provide a ‘Know your rights’ publication here: http://www.iccl.ie/DB_Data/publications/knowyourrights2…3.pdf . It’s quite good with it’s many references to legislation and the ‘Acts’ but it emphasises the powers of Gardaí rather than the powers of the Citizen, which is counterproductive in my opinion, and reading it can leave you with the dangerous impression that the Gardaí can basically do what they want, which is not true. Not true at all.

The ICCL website is also frustratingly difficult to navigate and it’s almost impossible to find stuff unless you already know it’s there?! Their advice seems to err on the side of caution and ‘playing safe’ when dealing with the Gardaí. Surely the point of giving legal advice is to give people the confidence of being certain when exercising those rights and not giving the Gardaí anything they are not entitled to, including, for example your name and address. The ICCL say that “If you are asked, always give your name and address. If you do not you may be committing an offence”. I say that ‘may be’ is not accurate legal info, ‘may be’ empowers them and not us, ‘may be’ is not law. In this article I’ll try and define the law that will clarify when you should and when you should NOT give the Gardaí such personal information.


The Bottom (fundamental) line is this.

You and I have the right to free movement and passage, personal privacy and bodily integrity. And the right to protest.

These are fundamental Human Rights of International Law as well as fundamental rights provided by the Irish Constitution, http://www.taoiseach.gov.ie/upload/publications/297.pdf , which is the foundation of all Irish Law.

NO-ONE, not even a Garda, has the right to ‘disabuse’ you of those rights … “save in accordance with the law” (Article 40, Irish Constitution).

The Constitution of Ireland, Bunreacht Na h-Eireann gives us these Fundamental Personal Rights which are provided for us in Article 40.

Article 40.3.1 says that ‘The State guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen’.

Article 40.4.1 says that ‘No citizen shall be deprived of his personal liberty save in accordance with law’.

Article 40.5 says that ‘The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law.

Article 40.6 says that ‘The State guarantees liberty for the exercise of the following rights, subject to public order and morality:

i. The right of the citizens to express freely their convictions and opinions and the education of public opinion …’ and

ii. The right of the citizens to assemble peaceably and without arms.

‘Subject to Public Order’ quoted above in Article 6 gives us a clue as to which act the Gardaí most commonly use with regard to protesting – the Criminal Justice (Public Order) Act 1994, among others such as the Road Traffic Act.

2) EXACT INFO ON LAW IN IRELAND (Irish Statute Book).

Irish Constitutional Law is Primary Law in Ireland.

‘Legislation’ or ‘general day to day law’ which is secondary to the constitution can be found in the relevant ‘Acts of Law’ provided for in the Irish Statute Book – http://www.irishstatutebook.ie .

When I say ‘can be found’, that’s not exactly true, it’s a really bad website. Again, you will not find what you’re looking for unless you know what your looking for! For example you will not find Public Order legislation unless you already know there is a ‘Public Order Act’. And the best way to find that is to google it and get into the relevant part of the Irish statute book that way. Accessing the info is all arseways, just like this country!

In order for a Garda to behave in ways that he thinks is using, upholding or enforcing the law, there must be ‘provision’ in the law for him to behave that way. ‘Provision’ must come from a relevant section of a relevant ‘Act of Law’ which will either ‘provide’ him with legal excuse to behave that way or it will not. (Google ‘criminal justice public order act’ for example). If that or any ‘relevant’ act does not have provision for his behaviour then he is breaking the law and abusing your personal and fundamental constitutional rights and you can remind yourself and the Garda that he is liable to be held accountable for such illegal actions at civil and criminal law himself.


It is often said that ‘If a Garda asks you for your name and address, you must give it to him’.
I’ve heard a lot of people say it and I hear activists say it to eachother with full conviction. I’ve heard cops and legal people say it. The ICCL even advise it.

It’s bullshit, it’s a lie and we’ve got to get that into our heads. If you believe it’s true then you must obviously have knowledge of the relevant provision in law, and please post it here as a comment, with ’chapter and verse’ please, if you do.

You can only be stopped or questioned by a Garda in accordance with law.

To be randomly stopped and/or questioned by a Garda is an abuse of privacy and deprivation of personal liberty. You are entitled to walk the street without question or prevention by a Garda, unless your actions or conduct are such that there is provision in law relevant to your behaviour to stop and question you.


If you are stopped or questioned, and this is very important, the first thing you should do is ask the Garda why you are being stopped or questioned. It’s so important to ask the Gardaí questions and to get answers to those questions. If a Garda cannot, will not, or refuses to use ‘the law’ by invoking a relevant act (such as Public Order Act or Road Traffic Act or whatever) then you do not have to engage or cooperate with him in any way. He must invoke the law to use the law … in accordance with the law! If he refuses, he is not acting in accordance with any law and you should invoke your rights to personal liberty and go about your business.

Furthermore, “Any person (note: including a Garda) who, without lawful authority or reasonable excuse, wilfully prevents or interrupts the free passage of any person or vehicle in any public place is committing an offence under Section 9 of the CRIMINAL JUSTICE (PUBLIC ORDER) ACT, 1994”.

If a garda is insisting, then you must also insist on asking what provision of law he makes such a demand. If he continues to make up some rubbish under ‘colour of law’ refuse to co-operate and tell him he will be held personally liable at civil and criminal law for wrongful arrest and false imprisonment if he abuses his authority further.


Similarly, a Garda does not have the right, save in accordance with law, to ask you for your name and address. Again, your right to privacy is accepted by the courts to be provided for in Article 40.3 of the Irish constitution. Any attempt by a Garda to deny your privacy must be done in accordance with law. Even if a Garda invokes for example ‘The Public Order Act’, he cannot demand your name and address unless he is of the opinion that you have committed an offence under that act.

Neither do you have to “comply with the directions of Garda” (section 8) unless you have been informed that you are committing an offence relative to the Public Order Act whereby there is provision in the act to direct you to ‘desist or leave the vicinity” (section 8). The offences (and sections) they might use to question (or arrest you) are “wilfull obstruction” (section 9) and “trespass” (section 13) etc. “Disorderly Conduct “(section 5) is one they could throw at you but not unless you are using “offensive conduct causing serious offence”.

Therefore – you should never give a Garda your name and address unless you have been told you have committed an offence or you are under arrest for an offence.

You must also be informed of the offence. So again, you should ASK! and keep asking questions until you are fully informed. (Often you can disempower a Garda bully by simply asking questions. Don’t let them disempower you, do not be bullied, speak up for yourself and invoke your legal rights)

Below is the only provision in the Public Order Act for a Garda to ask you for your name and address.


24.—(1) Where a member of the Garda Siochana finds any person committing an offence under a relevant provision, the member may arrest such person without warrant.

(2) Where a member of the Garda Siochana is of the opinion that an offence has been committed under a relevant provision, the member may—
( a ) demand the name and address of any person whom the member suspects, with reasonable cause, has committed, or whom the member finds committing, such an offence, and
( b ) arrest without warrant any such person who fails or refuses to give his name and address when demanded, or gives a name or address which the member has reasonable grounds for believing is false or misleading.

(3) Any person who fails or refuses to give his name and address when demanded by virtue of subsection (2), or gives a name or address when so demanded which is false or misleading, shall be guilty of an offence.

The example of legislation above is from the Public Order Act which is most commonly used against protesters. There is other legislation in other ‘Acts’, but still the ‘fundamentals’ apply. The Gardaí will also use the Road Traffic Act to stop and harass people in cars.

IMPORTANT: The Road Traffic Act does make provision for the Gardaí to ask you for your name and address in order to identify you as the driver of the car etc. More on the Road Traffic Act later.

The problems are, 1) Guards have a habit of just asking/bullying people for their names and addresses and getting them, and 2) The misconception is out there that ‘You must always give your name and address to a Garda when they ask you’. Not true for reasons above. Sometimes they pull the ‘Are you refusing to obey a direction of a Garda?’ trick. But again, directions can only be given by Gardaí under certain sections of enacted law (Acts) … in accordance with the law.


Again, the bottom line is that your right to personal and bodily integrity is enshrined in international and constitutional law. The same applies to your vehicle, your bag/rucksack and your tent/toilet/sittingroom/dwelling/home.

Under any act of law (which must be invoked) there is provision for Gardaí to search if a) they have a warrant issued under a certain act or b) they have reasonable grounds to suspect that there is something illegal in your possession, for example the ‘Misuse of Drugs Act 1994‘ http://www.irishstatutebook.ie/ZZA12Y1977.html . The ‘Misuse of Drugs Act‘ is a straw they like to clutch at when you stand up to them on other acts they‘ve invoked, and it gives them provision to search your person or vehicle without a warrant (provided they have reasonable cause to suspect), but not a building. They must have a warrant to search buildings/dwellings (unless you are in the business of selling drugs) see section 24. Your tent, for example, is your dwelling which for the purposes of this act is a structure or building, but you must insist on this, because they will test you.

Never give them reason to suspect you of carrying drugs, and question them thoroughly if they say they do, because they’ll just be making it up.

The Firearms and Offensive Weapons Act 1990. http://www.irishstatutebook.ie/ZZA12Y1990.html is similar to the Misuse of Drugs Act, in that there is provision for them to search your person for a weapon intended to cause harm, but they must have a search warrant to search your dwelling etc.

It’s probably wise not to carry a knife unless you need it for something and can justify carrying it, which is a defence to any charge. For example a penknife is not an offensive weapon, it’s a tool and an essential one for campers and travelling lunch eating protesters etc. Some people, for example, always carry a knife and justifiably so, it’s the oldest and most useful tool of all.

Other legislation, for example, Offences Against the State Act, the Criminal Law Act, the Misuse of Drugs Act AND the Offensive Weapons Act entitles police officers to search you and/or your vehicle without a warrant. If one of these statutes is being invoked in order to search you without a search warrant, you are entitled to told about it.

Research of these acts is required on this – more than will fit in this article. But I hope you get the picture.


Thanks to the Black Pope for his advice in this (RTA) section of the article.


Before insisting strongly on your rights as outlined below, it is a good idea to be 100% certain the vehicle is in reasonably good condition and you have valid licence + insurance to drive it. Tax disc, tyres, headlights and indicators are the first things will be checked. If all not in order, the best tactic might be to ‘play soft’.

If a purported Garda is not in uniform (including hat on head) or producing a photo warrant card identifying himself (which you are entitled to read), you do not have any legal obligation to co-operate.

It is not the business of any Garda where you are driving from or to, or the purpose of your trip. These are merely nosey questions you are entitled to ignore.

Ask questions and put the onus on the Garda to explain under what provision of law he 1) stopped you, and 2) makes any further demands.

Use audio/video recording devices if you expect any dispute to arise.

No-one is obliged by the Road Traffic Act, (RTA) to exit or open a vehicle in any way. All doors locked and driver’s window down 6mm is enough to permit verbal communication and/or passage of licence etc. This handy physical barrier makes any ensuing discussion much more relaxed (for vehicle occupants) and difficult (for the Gardaí).

Breath-testing is now permitted randomly, so that might have to become a 13mm window slit to get the nozzle in through. A garda’s fingers are generally believed to be about 25mm in diameter and covered in fur.

There is no provision for the searching ofa vehicle under the RTA – in the case of an accident involving an injury, gardai may ask a judge for a warrant to search a place or premises FOR a vehicle. Do not ‘voluntarily consent’ to any search. You are not obliged to wait while they go look for a search warrant.

Possible that they might invoke Misuse of Drugs Act or Firearms and Offensive Weapons Act to effect a search. But, they must have reasonable grounds to suspect you have something in your possession to legally search you rather than just use it as an excuse to bully you. Stand up to them. Question them and use your legal knowledge.


Other people in the vehicle are not obliged by any provision of the Road Traffic Acts to give any information at all about themselves, except, in the case where the driver absolutely refuses to identify himself, his name, if they are asked for it.

If a garda is insisting, ask under what provision of law he makes such a demand. If he makes up some rubbish under the RTA refuse to co-operate and tell him he will be held personally liable at civil and criminal law for wrongful arrest and false imprisonment if he abuses his authority further.


The law does technically say you are ‘required’ to carry driving licence while driving vehicle.

The 1961.s40 law was controversially changed in 1994.s25 to give discretion to gardai to prosecute you ‘for failure to produce licence there and then’, or ask that you produce it within 10 days. However, it appears that the requirement does not translate into any legal obligation which is actually enforced or enforcable – the practise after 1994 has remained the exact same and people are not prosecuted for failing to carry their licence at all times, just for failing to have one at all or produce it at a named garda station within 10 days.

Still, this is no guarantee you will not be the first ‘test case’, but does seem to indicate the provision might not withstand a robust legal challenge (on grounds of constitutional right to free movement, introduction of compulsory ID-card by stealth, etc), so the authorities would prefer not to put it to the test.

If a Garda is being ratty and insisting on this point, ask “Are you prepared to break the standing orders from the DPP’s office that such prosecutions are not to be brought if the person from whom the licence is demanded is willing to produce it at a nominated garda station within 10 days for inspection?” Such a directive probably does (or will be understood by the Garda to) exist. If you pre-empt any demand by volunteering production within 10 days, 95% chance that will short-circuit any dispute on the matter.

If you do not have licence with you, you may be asked for and are legally obliged to give your correct name and address. If you refuse this information, you may lawfully be arrested.

You nominate a station (anywhere in the country) where you undertake to produce licence (and/or insurance if requested) within 10 days. When you do go, always bring a witness, ask for the member in charge (MIC), let them read whatever you are producing, and ensure that a certificate of production be provided in return, according to RTA 1961.s40.1.D

Keep this cert document very carefully, it is your proof and defence against any later charges the gardai may decide to bring through sheer forgetfulness or spite. If the MIC refuses to issue the certificate, ask for the Superintendent and make a written complaint co-signed by your witness. Then keep a copy of that instead.

4) ARREST – What to do if/when you’re arrested

I know that British activists are very good at giving workshops on this and putting together comprehensive leaflets and flyers on the do’s and don’ts of when you’re arrested. In Ireland, I wonder are there any current flyers on this at all. I’ve seen vague ‘bust cards’ which are a good effort with some of the basics but we definitely need comprehensive basic guides with sound legal footing.

We in Ireland need to do more work on this and I do not suggest that this contribution from me is enough to cover this area. But, this sample ‘Bust Card’ from the British Guide Book ‘Delia Smith’s Guide to …‘, is excellent advice that’s relevant to Ireland also, and should be followed to the letter, in my opinion.

ARREST ‘BUST’ CARD EXAMPLE. (Just copy and paste for printing and distributing)


Being arrested is easy, you just stay quiet and wait for them to let you out.

If you can, remember the arresting officers number and ask what it is that you are being nicked for.

You don’t have to tell the police anything except your name and address.

Don’t sign anything except the list of your belongings.

If they ask you anything (especially if you have an interview) answer… “NO COMMENT”.

Information is power. Do NOT get into chat/discussion with them. What you work at or where you’re staying etc is NONE OF THEIR BUSINESS. Shut up.

Legal Support / Solicitor phone number : ____________

When detained at a Garda station you must be given a leaflet outining your legal rights while in custody. READ IT. It is an offence for the Garda ‘member in charge’ not to give you that. Your custody rights include food, phone calls, a visit from a friend, a visit from a doctor, a visit from a solicitor which they must supply if you don’t have one of your own, (usually some legal aid no-hoper of their choice).

Fingerprints, Tests and Photographs may not be taken from/of you unless you are detained under the following Acts:
Section 30, Offences against the State Act 1939.
Section 4, Criminal Justice Act 1994 (referring to serious offences with a five year prison penalty).
Section 2, Criminal Justice (Drug Trafficking Act) 1996.

You will have been informed of the offence for which you have been detained. If that offence is not one of the above, then refuse to cooperate with any attempts by Gardaí to test, fingerprint or photograph you, unless … you are assaulted or in fear of assault which is a real threat. Better for you to get out safe and unhurt, then make a complaint afterwards.


Possible charges and punishments for offences including fines and prison can be read at links below. It’s possible to be arrested under the following acts where even a suspicion that you might ‘do something’ might justify an arrest. Even if you feel you are being ‘falsely arrested’ you may be charged for resisting arrest.

Public Order Act http://www.irishstatutebook.ie/ZZA2Y1994.html
Road Traffic Act 1961 http://www.irishstatutebook.ie/ZZA24Y1961.html
Road Traffic Act 1994 http://www.irishstatutebook.ie/ZZA7Y1994.html
Criminal Damage Act 1991 http://www.irishstatutebook.ie/ZZA31Y1991.html


I hope all this is a help to people. I see this article as a contribution towards putting some more comprehensive legal info and advice together. We could go on for pages and pages with regard to all this but we should be aiming for 1) gathering and improving our legal knowledge, and 2) being able to edit it down into brief presentable flyers and leaflets etc.

Opinions on the law can be dangerous and misleading, if those opinions are not based in law – ‘chapter and verse’, ‘Act and Section’ etc, so I’ve tried to back up my opinions with reference to constitutional law and national legislation from the ‘Irish Statutebook’, to try and give an understanding as to how we can protect ourselves when confronted with Garda intimidation etc. Knowing how to exercise you rights when dealing with the Gardaí should be very helpful both in theory and in practice.

But, I must say this – there is no accounting here for the ever present danger of attack and assault by Gardaí when you stand up to them. Shamefully, they are trained to be thugs, be aware of that, be flexible and look after your own safety first. It’s a learning process for us all.

Related Link: http://www.citizensinformation.ie/categories/government…ion-1

And always carry a note-book.
And always carry a note-book.

Alan Shatter on knife-edge in garda tapes scandal

Mr Shatter is facing serious questions about his level of knowledge of thousands of  secret recordings of calls to and from garda stations which began in the 1980s and continued until last November.

The minister said he only learned of the practice on Monday, even though senior officials in his department were told two weeks ago.

The Government’s legal adviser, Attorney General Maire Whelan, was told last November about the affair.

Mr Shatter will be in the spotlight today in a special Dail debate on the various garda controversies, during which he is expected to withdraw comments he made against garda whistleblowers.

The biggest crisis to hit the force in three decades – since a previous commissioner re- signed over the bugging of journalists’ phones – has resulted in a high-level inquiry that aims to establish the extent of the damage caused to the criminal justice system by the recordings. Former commissioner Patrick McLaughlin resigned in 1983.

The grave potential consequences of the taping by gardai were set out by Taoiseach Enda Kenny, who admitted the tapes could have a “potential impact” on past, present and future court cases.A Commission of Investigation will ascertain if calls between solicitors and their clients and calls among  gardai discussing investigations were ………………………………

full article at source:http://www.independent.ie/irish-news/politics/alan-shatter-on-knifeedge-in-garda-tapes-scandal-30125572.html

Messagge from Ben Gilroy (leader of Direct Democracy)

Dear friends & supporters,
Because of the constant untruthful attacks in media in particular RTE and a Labour loving DJ with LMFM and now the court attack from the State, the Gardaí, Anglo Irish Bank and their receivers and senior legal teams, it has become necessary for me to step aside as . The constant abuse of process and late filing of affidavits on the night before the hearings, is a clever ploy to delay the court case and keep me occupied in a frivolous court battle up to the elections.
It is just not possible for me to lead the party while the elections are on the horizon, so while it has become necessary for me to step down as leader I fully intend to stand as an MEP candidate in the coming election in May
While a small few within the party are delighted to see me step down, as they said I have become toxic, I still enjoyed overwhelming support from the majority of the party. To them I take this opportunity to thank them for all their support. To the few of which I no longer have their support I would like to say that I accept their stance and bear them no malice.
Direct Democracy was really set up to challenge a corrupt system where the rights of the people were put aside to protect corporate corrupt entities that have ruined this country. I constantly attacked the system and the system attacked back and a few of the DDI members believed the attacks, one went as far as to say I broke the law. Even the system didn’t find me guilty before a trial.
RTE did a hatchet job in a pathetic primetime programme that was cut in a very construed way to give a false impression of my character. RTE must remember they are a state broadcaster not a broadcaster for a corrupt state.
Anglo Irish Bank and its cronies had the audacity to go to court to secure an arrest warrant for my arrest and claim that I broke some law, kettle calling the pot black comes to mind. On false evidence Gardaí broke into my home early in the morning and with the alarm screaming my wife was on the landing pleading with the Gardaí not to come upstairs as we had young children in the house. My young children aged 1, 5 and 9 had to witness their father being arrested and taken from their home for these corrupt bastards in Anglo Irish Bank and their legal cronies who can go to state supported courts where they weave magic and make wrong appear right.
But to my solid supporters who get it, make no doubt “I haven’t gone away” and I will stand in Europe to air my views and stand up for the rights of the people. Not one of our elected politicians has the gonads to tell Europe where to go when forcing us to pay gamblers on the stock exchange.
End of rant hope to see all my supporters in court soon and then let the battle for Europe commence.

local wicklow news

sent into us

Éirígí Activists joined fishermen and walkers from Wicklow and Dublin for a successful fish-in protest. The protest was organised to highlight an illegal land grab by the owner of the European Golf Club on Wicklow’s Mizen Head coastline. The owner of the European Golf Club, Pat Ruddy, has caused widespread anger among local fishermen and walkers by erecting an illegal steel fence at the site. The illegal fence denies the public access to the coastline path around Mizen Head. The protestors arrived on the stolen land at 6.30am on a beautiful Sunday morning and immediately began setting up an anti-land grabbing camp. Sunday’s protest action took the form of a fishing competition, which the angling enthusiasts took great sport from.

Following the lighting of the barbecues, the protestors took a break from the fish-in to have breakfast. The fishermen were shocked to uncover a man with a camera hiding in the bushes that separated the golf club perimeter from the coastline path way. The man, who identified himself as a European Golf Club representative, demanded that the protestors leave the strip of land. Despite having his cover blown the golf club worker continued taking pictures of the activists. The protestors quickly pointed out that his claim of ownership over part of Wicklow’s coast is a sham and that the illegal steel fence with barbed wire should be removed, as directed by both Wicklow County Council and An Bord Pleanála.

The golf club representative was left in no doubt that the protest was continuing regardless of his ongoing harassment. As predicted, the Gardaí were next to arrive and like the previous fish-in protest, they immediately took the side of private business over public grievances. The Gardaí questioned and cautioned all the protestors and informed the activists that they were occupying private land and believed to be trespassing. As the Gardaí began taking the details of those present, they were asked what legalisation the protestors were being questioned under. Initially the Gardaí seemed unwilling or unable to answer the question.

When told they would not be getting names until protestors were told what law they where in breach of, or indeed what legislation covered this attack on our right to engage in sporting past times and to access stolen public coast line, a member of the Gardaí responded by asking protesters, “What do you want me to do, Google it on my phone?”Eventually the Garda in question quoted his interpretation of trespass legislation which of course took the side of the land grabber over the rights of the citizens. The Gardaí, like the golf club official who kept on peeping on the protestors from his vantage point in the scrub, were told that the protest was peaceful and the fishing competition, which was won by a fisherman from North Wicklow, would continue. Left in no doubt the protestors would not be leaving until the competition was over, the Gardaí then left the scene to converse with the golf club owner.

Speaking after the protest, éirígí activist Adrian O’Raghallaigh said, “Once again, it was great to be part of another successful protest against this despicable land grabber. This stretch of coast line in Wicklow is a natural resource which has one of the best bass fishing points in Ireland. I commend all the protestors and fishermen who turned out today and who took part in the fish-in action. “I call on the European Golf Club to come to their senses and release the stolen land, which can then be properly enjoyed by local people and tourists alike.” Adrian concluded, “éirígí and anti-land grab activists have agreed to continue highlighting this issue and are planning to increasing the pressure on the golf club owner. Again I would like to send out an invitation to walkers and anglers to take part in the next protest to force an end to the barricade of Wicklow’s shoreline, the details of which will be made known in the near future.”

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Sindo insinuates NAMA abused press complaint procedure to suppress freedom of press

By Nemawinelake,

Last week was a bad one for NAMA as it was revealed that an internal investigation by the Agency led to the uncovering of what was alleged to be a breach of its security with confidential details of loans being leaked by a former employee. NAMA has sued the employee, Enda Farrell and his wife Alice Kramer, it has also referred the matter to the Gardai and to the Data Protection Commissioner Billy Hawkes who incidentally is not commenting on the matter. NAMA is not commenting further on the matter saying it is sub judice and indeed it has been fast-tracked to the Commercial Court division of the High Court for hearing……………………….

full article at source:http://namawinelake.wordpress.com/2012/09/17/sindo-insinuates-nama-abused-press-complaint-procedure-to-suppress-freedom-of-press/

Fatal road incident in Co Wicklow

Gardaí have issued an appeal for information on a fatal road incident in Co Wicklow.

A 41-year-old man died after he was knocked down at Coyne’s Cross in Ashford at around 1.30am.

A 21-year-old man was later arrested under road traffic legislation and brought to Gorey Garda Station but was subsequently released.

Gardaí have asked for anyone who was on the N11, travelling south between 12.30am and 1.45am, to contact them.

They say they want to speak to people who may have seen the man walking, or who witnessed the collision.

The N11 has now reopened southbound between the Newtownmountkennedy and Rathnew exits following the incident.

All diversions have been lifted, but motorists are warned that conditions remain icy in the area.

Garda Supt Joe Gannon (Shell to sea)

Four years since baton charge on peaceful protestors

Press Release: Issued by Shell to Sea – Wednesday 10th of November 2010

Today marks the 4th year anniversary of the baton charge and violence by Gardaí against protestors opposed to the Corrib Gas Project.

The 10th of November 2006 was chosen by the Shell to Sea campaign, as a suitable day of action as it marked the anniversary of the hanging of Ken Saro Wiwa and 8 other Ogoni activists who opposed Shell. Over 200 Gardaí were drafted in under the direction of Superintendent Joe Gannon (then Superintendent in Belmullet).[1] 

Ironically Superintendent Joe Gannon is now Superintendent at Pearse Street Garda Station, which today will be the focus of a protest march in opposition to Garda brutality against protestors. This protest was called in light of the violence that was dealt out to students in Dublin last week. Supt. Joe Gannon was present and personally involved in the scene at the Dept of Finance when students were violently removed from the building.

Joe Gannon at the Dept of Finance last week 

Shell to Sea spokesperson Terence Conway stated “In a investigation into Supt. Joe Gannon’s handling of a protest at Pollathomais Pier in which 20 people were injured, the Garda Ombudsman recommended to Garda Headquarters that disciplinary action be taken against him. However nothing happened and instead Supt Joe Gannon was promoted and has continued to police protest in the same manner that characterised his time down here in Mayo”.[2]

source shell to sea


500 students took to the streets of Dublin last night in protest at alleged Garda brutality during last week’s USI-organized Education not Emigration student march.

Free Education for Everyone and Students in Solidarity co-organized the march which, began at the Wolfe Tone statue on St Stephen’s Green, opposite the Department of Finance, the site where Socialist Worker Party activists clashed with Gardaí during the march itself, after they staged a sit-in in the Department’s building.

“End Garda Brutality” was hoisted on a banner, while students chanted ‘Whose street? Our street’ as they marched in protest at the alleged violence.

“This day last week I was knocked unconscious by a garda . . . All I am guilty of is walking inside a public building and sitting down,” said Vanessa O’Sullivan, addressing the crowd.

The Garda Síochána Ombudsman Commission has received 28 complaints relating to the behaviour of gardaí following the November 3rd protest

source http://www.corkstudentnews.com/news/500-students-protest-garda-brutality-19162

Public Service Pensioners

by Michael Hennigan
Did you know there is 1 public service pensioner for 2.56 current workers?                  
There were more constitutional, ministerial and judicial office-holder pensioners (598) in 2009 than currently working in the category (404
The pension-related deduction which came into effect in March 2009 reduced voted expenditure by €837m in that year.The Bord Snip group, which was chaired by UCD economist Colm McCarthy, said in its report last year that public servants are generally entitled to retire on a full Defined Benefit pension (calculated at half of the average annual salary over the final three years of service), after 40 years’ service, together with a lump sum of up to one-and-a-half times the final salary. Employees may retire after reaching the age of 60 (the compulsory retirement age is 65), with pro rata reductions for those with fewer than 40 years’ service, although those retiring between the ages of 50 and 60 incur an ‘actuarial reduction’ to reflect the longer retirement period. (The key benefit of the recently-introduced Incentivised Scheme for Early Retirement is that it eliminates the actuarial reduction for this age group.) After retirement, it has been the practice to index pension rates in line with earnings, which carries a very high actuarial cost and is not generally available in the private sector.
The majority of private sector workers have no occupational pension and those who do, face the prospect of low payouts as many funds are in deficit and returns are expected to be low for many years.
In addition to the basic public service pension system, Bord Snip noted the existence of a range of accelerated / ‘added years’ arrangements across various areas of the public service. These accelerated arrangements are more costly to the Exchequer, and their existence and budgetary implications do not appear to be widely known or appreciated by the general public. For example, Gardaí are free to retire on full pension at the age of 50 (an effective 10 years’ added service on the assumption of an entry age of 20); some engineers, who might enter the public service at the age of 35, would accrue full pension entitlements at age 65 (again an effective 10 added years); teachers with 35 years service are eligible to retire from age 55 on; some hospital consultants may be entitled to up to 10 added years of service; and a High Court judge, who might typically be appointed to the bench at 50 years of age, is entitled to full pension at age 65 (an effective 25 added years).
full article at source http://www.finfacts.ie/irishfinancenews/article_1020582.shtml

Protesters at Anglo Irish Bank


It appears the four people on ledger were arrested as well as two or three people who had been outside. All this took place in the space of ten minutes. Inspector Gannon who led the assault on Shell to Sea campaigners at Polthomas pier in Rossport was spotted among the Gardai and witnesses reported they had the clear impression that the Gardai were acting under orders that no further protests against the bank bailouts were to be tolerated.

Up to 100 Gardai are now around Anglo Irish bank with a second protest having being called by eirigi for 14.00 today. It has been confirmed that this protest will still be going ahead as will Tuesdays protest at the Dail.

We would call on people to join the anti-capitalist block at 19.00 at the Wolfe Tone statue on Tuesday (opposite Shelbourne Hotel) where we will discuss how to best respond to the attacks on bank bailout protests before proceeding to the Dail. 

Full report at source

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