Author: gavin

Transparency International report

The Corruption Perception Index for 2005 has been published by Transparency International and Ireland continues its gradual slide on the scale. In 1996 we ranked 11 but this year we come in at 19. Iceland at 1 is the least corrupt country while Chad and Bangladesh at 158 are the most corrupt. The outside world is beginning to notice, this comment from the BBC.

The situation worsened in countries such as Costa Rica, Russia and Sri Lanka – as well as Canada and Ireland.

However, within this Banana Republic the large elephant continues to be ignored. Writing in today’s Irish times, John Devitt, chief executive of Transparency International Ireland makes the same old excuses. The media exaggerates the phenomenon, great work is being done to combat corruption, we are moving away from a culture that tolerates corruption blah blah blah. (Obviously, he hasn’t yet heard about the thieving solicitors)

This refusal to face the reality of corruption in Ireland is not surprising when we consider that the chairperson of Transparency International Ireland, Colm McCarthy agrees with former Finance Minister, Charlie McCreevy, that robbing hundreds of millions through tax evasion is not really corruption, they agree it is stealing, but not corruption.

No wonder I have little hair left.

Thieving solicitors

One of the methods of dealing with corruption in the Banana Republic of Ireland is to pretend it doesn’t exist. The use of language is very important in achieving this end.

So, A bank executive doesn’t cheat on his taxes, he has ‘tax issues’. Banks don’t rob their customers, ‘system errors’ have occurred. A solicitor doesn’t rob his client; he ‘mistakenly overcharges’. All very unfortunate but nothing deliberate, you understand, no organised plan to plunder the modest awards of very vulnerable people.

The following is a sample of the experiences of these people as heard on Liveline.

Rita €13,000 demanded as percentage of award minutes before facing redress board, eventual ‘settlement’ €7,000. Told there was a shortfall. Money deducted directly by solicitor before victim saw the cheque. No itemised bill provided.

Norman €11,000 demanded minutes after getting his award. Told there was a shortfall. No itemised bill provided.

Marie €3,000 demanded. Money deducted from cheque. No itemised bill provided.

Nora 4% of award demanded. No itemised bill provided.

Jack €5,000 demanded. Money deducted after solicitor lodged cheque in bank. No itemised bill provided.

Maura €5,000 demanded and deducted. Told there was a shortfall. Solicitor refused to give itemised bill. Maura’s cheque had her solicitors name on it. She was provided with a photocopy of her original cheque.

Margaret €3,000 demanded and deducted minutes after getting award. Told there was a shortfall. No itemised bill provided.

Mary €12,000 demanded and deducted on day of award. Solicitor claims he had her permission to take the money. Work involved 15 letters and one phone call.

Mark 10% of award demanded just after getting his award. Mark challenged the demand, solicitor ran away.

Peter €7,000 demanded and deducted. Told there was a shortfall. No itemised bill.

Chris €5,000 demanded immediately after award. Chris challenged the demand, solicitor ran away.

Joan €7,600 demanded. Told there was a shortfall. No itemised bill provided. She was told that envelopes cost €300. She received two letters in all.

THE Solicitors Amendment Act which became law in 1994 is quite clear –

A SOLICITOR SHALL NOT DEDUCT OR APPROPRIATE ANY AMOUNT IN RESPECT OF ALL OR ANY PART OF HIS CHARGES FROM THE AMOUNT OF ANY DAMAGES OR OTHER MONIES THAT BECOME PAYABLE TO A CLIENT THAT THAT SOLICITOR ARISING OUT OF ANY CONTENTIOUS BUSINESS CARRIED OUT ON BEHALF OF THAT CLIENT BY THE SOLICITOR

Keep in mind that ALL of the expenses incurred by solicitors in these cases are already paid for by the taxpayer.

Because these thieves operate in a state that is itself corrupt means that not one of them will face real justice

Missing bodies

One of the problems of reporting on corruption in the Banana Republic of Ireland is trying to cope with the sheer scale of it. Almost every day there is a new revelation to deal with. Sometimes, there is only a brief mention of “unusual’ events and if you miss it, it’s gone.

Here’s an example, last week Fine Gael deputy Fergus O’Dowd revealed how two nursing home patients, who died last year, were buried without death certificates being issued. Medical officials weren’t informed of one death until five months later while they were never told about the second.

The Health Service Executive described the “oversight’ as unacceptable, but obviously it is acceptable because no action whatsoever will be taken against those responsible. Deputy O’Dowd described the situation as extremely disturbing.

Of course it is disturbing but no more disturbing than say solicitors robbing their clients, banks robbing the State and their customers, politicians cheating at elections, politicians robbing the taxpayer, police framing citizens for murder and drug pushing…The list is endless, as is the corruption.

Scum solicitors still walking free

It is now six days since solicitors were found to be ripping off their vulnerable clients and still no action from the State or the police.

This is not unusual in the Banana Republic of Ireland. When it comes to white collar crime, deals are done, arrangements are made, the wink, wink, nod, nod, mechanism is employed. These vultures are to be investigated by their own peers, the Irish Law Society. We can be absolutely certain that not one of these solicitors will face justice; they will be “looked after’.

Here’s an interesting figure to ponder over. There are over 600 firms involved in these cases. Seven have issued a statement stating they never charged fees and at least twenty of them have been flushed out into the open by Liveline. That leaves about 573 firms who are remaining very quiet. What do you think? How many decent solicitors are there?

Scum Solicitors

Outrageous as this case of scum solicitors robbing their clients is, it is just one of thousands of incidences of white collar crime uncovered in recent years in this Banana Republic. The only reason scum like this can operate in this country is because the State itself is corrupt. Quite literally some groups or institutions operate outside the law of the land.

AIB for example is presently investigating itself. When it has completed its investigation it will be allowed to dispense justice as it sees fit. There is no police involvement whatsoever.
Similarly, the legal profession is allowed to police itself. This type of mechanism, supported by the State, allows these people to operate within their own justice system, again with no police involvement whatsoever.

Let’s call a spade a spade – These people have robbed thousands from their vulnerable clients. If Ireland is not a corrupt state, then they will quickly face the full rigor of the law just like ordinary citizens do.

If Ireland is a corrupt state, (which I believe it is) then these people will be will be allowed to decide their own fate outside the rule of law. We are now into day five of this scandal and still no police/State involvement. So far I am correct in my claim that we live in a Banana Republic.

Scum Bags

If the allegations made on Liveline are true then ‘scum of the earth’ is the only appropriate title for the solicitors involved in robbing those vulnerable people coming before the redress board.

Anyone who is any doubt that we live in a pathetic little Banana Republic should listen to RTEs Liveline over the last three days.

This outrage will serve as a good example of how a corrupt system protects itself when some of the sleazebags who feed off the weak are uncovered.

In a real democracy when a citizen is suspected of theft the following events happen. Arrest for questioning, charges if enough evidence is gathered, court appearance and if found guilty appropriate punishment.

To date nothing has happened except some waffle from the Law Society. This case will be followed closely by this blog in order to conclusively demonstrate that the Republic of Ireland is a corrupt state where white collar crime is rampant.

Irish Scandal Index

November 2005

October 2005

Planning at hotel beside Trim Castle controversy
Land registry official corruptly accepting cheques
Prison land in North Dublin bought for €30 million
PPARS/FISP – €150 million wasted on computer system that did not work
Solicitor overcharging allegations on radio, Law Society investigation
Frank Shortt awarded just €1.93m for miscarriage of justice

September 2005

Irish Ferries lay-offs dispute
Frank McBrearty Jnr settles with State for €1.5m
Man dies in Garda custody after apparent suicide
Parents of Brian Rossiter criticise inquiry

Index

Idea: make a brief note of every scandal to hit Ireland, catalogue them, link back to archives and articles, making Irishcorruption.com a clearing house for all scandals.

Irish solicitors and the redress board

This really is a crucial story to break on the national airwaves. The allegations made on yesterday’s liveline are well worth repeating, the gravity of the situation could not be over estimated. The allegations amount to theft, greed, lies, involving significant amounts of money being taken from people who were the subject of institutional State abuse.

John Twomey, London Irish Center: (paraphrasing)

One woman, Mary, was charged €12,000 by her solicitor, despite the fact that the Redress Board was already paying the solicitor in question for their work. That involved a year of work, they didn’t have a single attendance on Mary, there were a total of 2 memos with regard to telephone attendances, they submitted 2 medical reports to the Redress Board, and the case was settled.

The moment it was settled she was called aside by the solicitor and asked to sign a document. This document gave authority for the solicitor to take €12,000 from her. Not only that, but the solicitor in question noted that they were entitled to €108,000 in fees.

It gets worse. The Redress Board sent the settlement cheque, made out to Mary, to her solicitors. But somehow, and if true, completely illegally, the solicitor negotiated the cheque into their own bank account, and then sent a cheque to Mary minus the €12,000 fee to which they were not entitled. This could also suggest collusion between a solicitor and their bank, and we all know what banks get up to in Ireland.

This is on top of the fact that the solicitors in question received €14,000 in fees from the Redress Board.

When people sought redress from the Law Society they were refused, the Law Society declined to investigate, as they must protect the client’s confidentiality. Yes you read that right. They were protecting you by not investigating what you were complaining about.

By the way all this is illegal under the Solicitor’s Act 1994, Section 8.

But in this Banana Republic will a criminal investigation take place?

Shortt awarded €1.93m for wrongful conviction

It sounds like a massive amount, but really, it seems incredibly small for the trauma Frank Shortt went through. It really is staggering that in an apparent modern democracy that these kind of abuses took place. Instead of quoting the article in IT, let me paraphrase.

In 1995 a 60 year old man, Frank Shortt, married father of 5 children, was convicted in relation to alleged sale of drugs on his premises at the Point Inn nightclub in Donegal. While in prison he had 6 other charges hanging over him. Before he had the chance to sell the nightclub it burnt down, leaving him with nothing.

Det Garda Noel McMahon and Supt Kevin Lennon of the Buncrana division suppressed evidence, planted evidence and perjured evidence was relied upon during the original trial.

Frank Shortt served over 2 years in prison, released in 1998, for crimes he was framed for. The Gardai involved did not expect Shortt to get a jail term but did nothing to remedy the situation subsequently.

Shortt, now 70, was cleared. He received €806,221 for losses related to Point Inn, plus €550,000 for loss of profits. He was awarded damages of €500,000 under the Criminal Procedure Act. He was also awarded costs plus a substantial exemplary damages put at €50,000.

He is right to appeal, it essentially ruined 10 years of his life, and he deserves far more having suffered such an injustice at the hands of the State.