Author: Anthony

Paddy Hillery – A memory

President Hillery’s passing brought me back to the time I met him sometime in the early 1980s.

I was serving on board the LE Emer at the time and he boarded at Dun Laoghaire for a round Ireland trip. The man was a gentleman in every sense of the word, very relaxed, no airs or graces and seemed genuinely delighted at the opportunity of getting away from all the official stuff for about ten days.

Irish naval ships are relatively small so the captain, who has the biggest cabin, gave over his accommodation to the President for the trip. Unfortunately, this cabin sits astride the only passageway to the bridge and in a silly worry that the President might be disturbed all personnel were barred from using the route.

This meant that everybody who worked on the bridge or adjoining areas had to exit a hatch at the stern and make their way forward on the upper deck. During daylight this was no problem and even at night personnel only had to be a little bit more careful as they made their way to their places of work.

After a few days, however, the weather deteriorated making the daylight trip somewhat dodgy and at night, downright dangerous. A ‘delegation’ approached the senior officer who had made the decision, views were exchanged and sanity prevailed.

The President, of course, knew nothing of this minor controversy and I’m sure if he did he would have been outraged that anybody would be so inconvenienced on his behalf.

A nice man, may he rest in peace.

Is RTE afraid to cover Fyffes/DCC story?

RTEs Today with Pat Kenny describes itself as a current affairs programme that

“assesses the main news stories of the day and goes behind the headlines to bring you the very latest.”

Today’s programme led with a story about a man who operated a sheebeen from his home in Limerick.

Yesterday, a settlement was reached between DCC and Fyffes bringing to an apparent end the biggest corporate scandal in the history of the State.

The programme that claims to provide listeners with the very latest in news and current affairs has ignored this major news story, giving priority instead to an obscure story about an alleged breach of the licencing laws.

See previous post for a proper, no punches pulled analysis of this major corporate scandal.

Copy to:
Today with Pat Kenny

A rotten and intrinsically corrupt state

According to RTEs economic editor, (8th item) George Lee, the Fyffes/DCC saga finally came to an end this afternoon – He’s wrong, it did not. We are also constantly told by George Lee and other so called experts that this is a complex case – It is not.

In 2000, Jim Flavin of DCC illegally traded in Fyffes shares making a profit of €85 million. Fyffes took a civil case against DCC to get their money back.

It’s likely they took a civil case because if they took a criminal case they would have had to answer questions about their own dodgy behaviour. For example, Fyffes issued options to senior executives and allowed a senior executive to sell shares when they should not have.

Fyffes lost their case in the High Court but went to the Supreme Court where they won. One of the judges, Mr. Justice Fennelly was crystal clear:

To trade on the use of inside information is recognised for what it is. It is a fraud on the market.

There’s nothing complex about that. It’s a simple case of greed and fraud.

But Flavin’s fraud pales into insignificance when compared to the real scandal surrounding this case – The absolute failure of any State agency to take any real action against this fraudster.

It is also an absolute disgrace that RTE has completely ignored this aspect of the scandal. Hence George Lee’s assertion that this saga has come to an end when in fact the real scandal has never even been addressed.

In functional democracies, insider trading is a very serious crime. When it is uncovered there is immediate and strong action by all relevant law enforcement authorities.

I have already cited the recent Nacchio case in America. Joseph P. Nacchio, former chief executive of Qwest, was sentenced to six years in prison, fined $19 million and ordered to forfeit $52 million he earned from illegal stock shares in 2001 – That’s real law enforcement in a real democracy.

Let’s be absolutely clear about what has happened here in this corrupt Republic.

Jim Flavin has been exposed as a fraudster in a case involving millions of Euros and nobody, absolutely nobody is going to act against him. The law will not be enforced; the law is being deliberately and consciously put to one side so that Flavin can remain a free agent.

In effect, the State has decided that this fraudster is to be treated as if he deserves the same status of innocence and respect as all law abiding citizens.

Let’s also name the so called State enforcement/regulatory agencies that have, to date, failed in their duty to enforce the law, to do their duty, to act as they should in the best interest of the State and its citizens.

The Director of Public Prosecutions
The Financial Regulator
The Stock Exchange
The Revenue Commissioners
Institute of Chartered Accountants (The fraudster is a member of this organisaton)
Irish Association of Investment Managers (IAIM) (Which, allegedly, oversees corporate governance in listed companies)

The Director of Corporate Enforcement, Paul Appleby, made a pathetic attempt to get some of those involved in the fraud disqualified from acting as directors; his plea was rejected out of hand.

He now has to decide whether to pursue a petition through the High Court. If he decides to go ahead the case will take years and consume a large portion of his meagre resources and finances.

Considering his options he must be aware that he hasn’t a hope in hell of succeeding but even if he does it won’t matter a damn because Flavin the fraudster retires in two years time anyway.

This case is very important not just because it is such an outrageous scandal, not just because the State blatantly refuses to take any effective action, not just because there is no doubt and virtually no argument concerning the facts of the case but because the scandal exposes and confirms the indisputable fact that the Republic of Ireland is a rotten and intrinsically corrupt state.

Copy to:

Director of Public Prosecutions.
Financial Regulator.
Irish Stock Exchange.
Irish Revenue Commissioners
Institute of Chartered Accountants
Irish Association of Investment Managers
Director of Corporate Enforcement
DCC
Fyffes
RTE (News)

RTEs reporting of the Rossiter case

I was puzzled and to some degree I’m still puzzled by RTE’s coverage of the Brian Rossiter report.

The presenter of Today with Pat Kenny (See previous post) clearly said to Philip Boucher Hayes, who had seen the report:

“You’ve seen the report; the rest of us will not get to see the full report.”

I think the crucial word here is ‘full’. It seems that some of the report has been published but because the former Minister for Justice, Michael McDowell, insisted on setting up the inquiry under the arcane Metropolitan Police Act, 1924, sections of the report must remain secret because the act offers no protection from defamation on publication.

For me, the most disturbing aspect of the report’s release is how RTE news dealt with the event. Admittedly, I’m only making comment here on one programme, Six One News, but the impression given, I think, was that the Gardai had little to answer for.

Viewers were not informed that the arcane legislation this inquiry was set up under would seriously compromise its publication. My understanding is that only a summary of the report has been published. Viewers were not told that they were only getting a small part of the story.

RTE news placed great emphasis on the unreliability of witnesses who were hostile to the Gardai.

While reporting that Brian Rossiter was unlawfully detained overnight by Gardai, RTE emphasised that Hugh Hartnett SC, the reports author, was not satisfied that Brian Rossiter was assaulted in Garda custody.

Viewers were not informed, however, that the report also found there was a statistical probability that Brian Rossiter sustained his fatal injury while in Garda custody.

I’m puzzled here because of the apparent contradiction, perhaps an expert witness came to the conclusion regarding the statistical probability. In any case, RTE did not make any of this clear to viewers.

The overall impression given was that the report was fully published, that all the details of the case were available and that the Gardai were, in the main, innocent of any wrongdoing.

The Rossiter family does not agree and are very unhappy with the report. I tend to agree with them

Brian Rossiter case – A State secret

Brian Rossiter (14) was found unconscious in a cell in Clonmel Garda Station following his arrest in the town on 10 September 2002. He died a few days later.

Despite repeated calls for an independent investigation into the matter it wasn’t until June 2005 that the then Justice Minister, Michael McDowell, established an inquiry. That report has now completed its work.

No evidence was found to support the claim that Rossiter was assaulted while in custody but the report did find that there was a statistical probability that that was when he sustained the fatal injury.

In keeping with the culture of secrecy and non-accountability in Ireland, this report will not be published.

Philip Boucher Hayes of RTEs Investigative Unit did, however, read the report and explained on Today with Pat Kenny (Friday, 32nd minute) why it is being kept secret from the public.

Former Justice Minister, Michael McDowell introduced a new vehicle for investigation into enquiries of this kind called a commission of investigation. This was to be the slimmed down version of a tribunal of enquiry.

Yet, for some reason, at the same time he was pushing this idea enthusiastically he set up the inquiry into the death of Brian Rossiter under an arcane piece of legislation, the Metropolitan Police Act, 1924.

It was pointed out to him that the Commission of Inquiry would be perfect for this kind of inquiry so why not use it?

No, this was to be a disciplinary procedure, if you like within An Garda Siochana, this was the piece of legislation to use and oddly, it was one that he ended up scrapping off the statutes a couple of months later.

This was the last time that this piece of legislation was used and the problem with it is that it offers no protection from defamation when the report of the inquiry is published.

Tribunal reports can be quoted and analysed without the fear of being sued. We cannot do this with this report because there’s no protection against defamation and that’s because Michael McDowell set it up under this piece of legislation.

Previous posts here, here and here

Useful links here and here.

Hearts that belong to another

Letters: Irish Times 11th April 2008

Madam,

An emotional dilemma must surely arise for those Taoiseach-nominated senators who are inconsolably bereaved by the impending departure of their patron and benefactor, Bertie Ahern, whose irreparable loss they have been solely lamenting.

For them, as for Duncan’s sons in Macbeth, “the spring, the heads, the fountain of their blood/ Is stopped, the very source of it is stopped”. And for them also, “the wine of life is drawn”.

It is true that their position is constitutionally safe, but they would do better to resign their seats in heartfelt sympathy with their lost leader. Of course, the incoming Taoiseach may well renew their mandate (Art.18.10.2).

In this case, they could properly transfer their allegiance to him, difficult though this might be, for surely something of their hearts will always belong to another

Yours, etc,

JOHN A MURPHY, Rosebank, Douglas Road, Cork.

Somehow, I suspect that John A is referring to one particular senator in this letter.

In defence of the father

Letters: Irish Times 11th April 2008

Madam,

Aside from the many false premises required to sustain the argument presented by Paul Cullen (Opinion, April 9th), a prominent theme was that Mr Ahern is as entitled to due process and a presumption of innocence as anybody else – surely an unarguable position.

It’s a shame, then, that he, in common with several Ministers and other commentators, doesn’t provide the same courtesy to my father, Tom Gilmartin. He dismisses my father as being “as flaky a witness as has ever come to Dublin Castle”, and thus doesn’t shy away himself from pronouncing judgment on my father’s evidence before the conclusion of due process.

If he truly believes that my father’s evidence can be compared to the tales told by Mr Frank Dunlop (whom my father exposed, to a chorus of disbelief, in 1998), Mr Lawlor and others, then in my view this calls into question his own judgment as a tribunal correspondent for this paper over a number of years.

My father has told the truth, has many times been proven to be correct, and has been vilified for far too long by those in positions of power and influence in this State. I feel it is about time someone stood up for him.

Yours, etc,

THOMAS GILMARTIN jnr, The Lough, Cork.

The Great, 'Dear Leader, is installed

Standing outside Dail Eireann, RTEs chief correspondent, Charlie Bird was reporting on the great event when, suddenly, a significant development occurred. Members of the Fianna Fail Parliamentary Party had left the Dail and were heading towards the nearby Royal College of Physicians.

Charlie, craning his neck, excitedly exclaimed – Yes, yes, I can just see the great man, surrounded by party members, family and well wishers. Yes, they’re just making their way towards the college now and will be entering very soon where all is ready for the great event.

Excitement had begun to build within RTE as far back as Sunday when Sean O’Rourke introduced a special edition of The Week in Politics by describing the great man:

“He’s a vastly experienced politician, Fianna Fail to his core, clever, cautious and with the common touch.”

On the same show Fianna Fail senator, Mary White, clearly near fainting with admiration and love, said that when the great man speaks it is ‘quite magical’.

On Morning Ireland (1st item, 6th report), to the accompaniment of appropriate music, the nation was informed that the great leader enjoyed a pint of Guinness but in the summer he goes for lager or cider. He prefers cooking to eating out and steak and chips is a particular favourite.

The media was warned that his name is not spelt Cowan but Cowen and, darkly, all were warned not to call him Biffo; at least not to his face.

On Wednesday morning all normal programming was cancelled. The one o’clock radio news (which was entirely dedicated to the great new leader) began around 11.30 am and the historic event was covered live on television from early morning.

A long line of Fianna Fail supporters, family and commentators trooped through the RTE news studio hailing the great man as being super intelligent, a man not to be tangled with, modest, a great leader, humble, his own man and so on.

Suddenly, Brian Dobson, who was interviewing some hack or another, immediately cut the interview short as word came through that the great man had indeed reached the Royal College of Physicians and was about to enter the great hall.

Live coverage immediately switched to the RCP where the great man could be seen walking down a hallway towards the great hall followed by a large retinue of supporters, minions and hangers on.

He paused at the door until all the excited chatter within the hall was silenced before making his grand entry. As he regally made his way to the rostrum to speak to the nation he was greeted by a tremendous and wildly enthusiastic crowd of reporters and party members.

Later, although tired and almost overcome with excitement, the RTE news team broadcast (4th item, 5th report) a special dedication to the glorious new leader that would surely have made North Korea’s ‘Dear Leader’, Kim Jong-il, green with envy.

The dedication consisted of a series of generous compliments from friends, family, colleagues and even some opposition politicians all spoken against the background of a gutsy rock n roll number.

Finally, as the great historic event came to an end, the national broadcaster treated the nation’s peasantry to a fine rendition of ‘The Town I Loved so Well’, sung with gusto by the great man himself (One News, 4th item, 6th report).

A somewhat puzzled tourist from Upper Mongolia stopped a tramp outside Dail Eireann and asked: What’s going on, why all the excitement?

Oh, said the tramp; Brian Cowen has become leader of Fianna Fail

(Warning – Some of this post is exaggerated – but only some).

Flynn's 'appropriate time'

Letter Irish Times – 9th April.

A chara, – Patrick O’Leary (April 7th) wonders whether Bertie Ahern’s attack on the Mahon tribunal was the “last sting of a dying wasp” of arrogant politicians and cute hoorism in this country.

In his resignation speech, Mr Ahern refused to acknowledge any wrongdoing in accepting vast quantities of money from private individuals, a statement which elicited no response from any Government minister.

In the days following his speech Mr Ahern welcomed Beverley Flynn back to the Fianna Fáil party, indicating without irony that her return had come “at an appropriate time”.

Recently the Taoiseach has expressed the desire, which seems to be gaining currency among politicians, to scrap the law governing tribunals, thus further eroding political accountability.

The patriot in me should share Mr O’Leary’s hope that the country is maturing politically subsequent to this affair, but the pragmatist tells me not to hold my breath. – Is mise,

ERIC CREAN, Shandon Gardens, Dublin 7.

Transparency and accountability anybody?

It’s difficult to keep track but I think the Rebecca O’Malley report was the fourth such report published in recent times concerning gross incompetence in the HSE and I think there’s another three in the pipeline.

These investigations/reports are now an integral part of the Irish ‘health’ system. We are constantly assured after each report that change is on the way, that from now on there will be accountability and transparency, that from now on patients will come first blah blah blah.

The honesty of the HSE bureaucrats, the honesty of Prof. Drumm, the honesty of Minister for health, Mary Harney should be judged by their actions rather than their empty promises.

Here’s how these low grade public servants reacted to the latest cancer misdiagnosis scandal in Dundalk, Drogheda and Navan (Six One News, 1st item).

They have refused to say how many patients are involved.
They have refused to say what hospitals are involved.
They have refused to say what year the misdiagnosis’s occurred.
They have refused to say when they became aware of the problem.
They have refused to say what the exact nature of the problem is.
They have refused (bizarrely) to say why they are refusing to say all of the above.

The consequence of this Soviet style secrecy is deep worry for thousands of Irish citizens who have had any treatment for any cancer over the last number of years.

Transparency and accountability anybody?