Thieving solicitor goes free

We learned today on RTEs Liveline, of the first thieving Irish solicitor to get away scot free with robbing a client.
Jack, the victim, rang in to say that the solicitor who robbed him of €5,000 has been given the lowest possible “punishment’ by the Law Society’s Complaints Committee – a reprimand.

This committee has decided that there is no need to forward Jacks case on to the Disciplinary Committee, which is the next level of the Law Society’s “justice’ system

Meanwhile, in the UK, it has been revealed that lawyers double charged clients involved in a compensation scheme for miners.

Enquiries have been launched by the Law Society of England, The Department of Trade Industry and most tellingly by The Serious Fraud Squad.

So, in England we see the legal profession, the Government and the police all immediately involved in investigating these serious criminal allegations.

In the corrupt state of Ireland, solicitors are allowed to decide for themselves, in secret, what “punishment’ they will mete out to their colleagues. The State has no involvement or interest whatsoever.

This serves as a good example of the difference between a hopelessly corrupt state like Ireland and a functioning accountable democracy.

More later…

Irish (Banks) Mafia

Last night, RTE Television broadcast a Prime Time Special on the subject of ‘overcharging’ by Irish banks.

Over the last couple of decades, Irish banks have robbed millions from their customers and the State. Despite this, neither the State nor police have ever shown any serious interest in bringing those responsible to justice.

Take for example, Allied Irish Banks, the biggest financial institution in the State. This bank is permitted to carry out its own investigations into itself. It also operates its own court system whereby AIB ‘citizens’ who are found guilty of infringing bank ‘laws’ are appropriately punished. The State plays no part in this ‘justice’ system.

Incredibly, AIB also operates its own quasi police force ‘The Irish Business Ethics Unit’. The following is taken from the Sunday Business Post reporting on the latest scam being investigated by this ‘police force.’
(Do the tactics employed by this unit bring any particular historical era to mind?)

The new inquiry (conducted by AIB) relates to claims that AIB branches deliberately changed FX rates on a daily basis during the 1980s and 1990s at customers’ expense.

The Sunday Business Post has learned that AIB compliance officers from its Irish business ethics unit have conducted interviews at its headquarters in Bankcentre in Ballsbridge, Dublin, in recent weeks.

Former senior executives and current staff members were quizzed for up to two hours last month and were warned that any future tribunal of inquiry could use the evidence gathered as part of the investigations.

Those questioned were sworn to secrecy and were not offered union or legal representation. Staff and former executives were urged during the interviews to identify managers who allegedly encouraged the altering of FX rates. They were shown pieces of paper and asked if those named were responsible for the practices.

The so called Financial Regulator plays only a peripheral role in dealing with these activities. To date, the regulator has shown no interest whatsoever in taking effective action against criminal activities in the Irish banking sector.

Victory for corruption

“I think the idea of some group of citizens setting themselves up with absolutely no justification, to enquire into others, is something that I always thought was quite sinister and inappropriate.”

(Mary Harney, RTE News, 8th December-2nd item).

This quote is not directed at a terrorist group, mafia organisation or an organised crime gang. It is aimed at the Centre for Public Inquiry (CPI) whose mission statement is;

“To independently promote the highest standards of integrity, ethics and accountability across Irish public and business life and to investigate and publicise breaches of those standards where they arise.”

The centre is facing closure after the so-called Minister for Justice, Michael McDowell convinced Atlantic Philanthropies, the trust founded by Irish-American millionaire Chuck Feeney, to withdraw funding.

The decision was made because of the alleged connections of CPIs chief executive, Frank Connolly to the IRA. But the real reason for the attack on CPI is the fear of how effective it may be in exposing corruption.

If the centre is forced to close, it will represent the single greatest victory for those who are determined to prevent effective investigation into corruption in Ireland.

According to the ‘police state’ polices of Harney, McDowell and Ahern this website could be described as ‘sinister and inappropriate because it is maintained by, to quote Harney –

“A small group of self-appointed citizens.”

Are we to soon expect a ‘knock on the door’ in the middle of the night?

I copy below the complete letter from a Prof Dermot Walsh in today’s Irish Times. I think he provides a good explanation of the damage that this Government is doing to Irish democracy.

Madam, – One of the hallmarks of a police state is the extent to which the government of the day uses police intelligence to undermine any source of opposition to its hold on power. A standard example is declaring political opponents guilty of serious crimes on the basis of “reliable” police evidence which is available only to the government.
That, of course, is exactly what the Minister for Justice did some months ago with his allegations against the Sinn Fein leadership.
His current allegations against journalist Frank Connolly are even more sinister. This goes much deeper than a move to derail any attempt by Sinn Fein to replace the PDs in power. It is a direct attack on investigative journalism that has exposed deep-rooted corruption in government. It will also have the effect of undermining an independent body working to expose corruption, to promote the highest standards of transparent, democratic government and, by implication, to prevent the current slide into a police state.
This is not the first occasion on which a Minister for Justice has used Garda intelligence or resources in a manner that has curbed investigative journalism. It is a first, however, for the use of Garda intelligence to smear individuals with serious criminal allegations as if they were fact. Not only does this deny the individuals in question the fundamental right to have criminal allegations against them determined in accordance with due process, but it also blurs the distinction between police intelligence and judicially proved fact.
The folly of this approach is vividly illustrated by the growing number of individuals who have been at the receiving end of serious criminal allegations on the basis of Garda intelligence which subsequently proved defective.
That the Minister should use Garda intelligence in this manner is a disturbing indication of the extent to which this country is assuming the mantle of a police state. This is a development which should be of concern to everyone, irrespective of political creed, who values basic principles of transparency in government, independence in the administration of justice and a person’s right to due process before being declared guilty of a criminal conduct. – Yours, etc,
Prof DERMOT WALSH, Newgarden North, Lisnagry, Co Limerick.

Solicitor intimidation

The murky events continue in the solicitor’s theft case. On last Monday’s Liveline

Noel Barry of the survivors group Right of Place related how some solicitors are intimidating clients who made complaints against them. The solicitors are putting pressure on their clients to say that they only made an enquiry rather than a complaint regarding “overcharging’.

One of the complainants, Mary, who was robbed of €10,500 a year and a half ago, got her money back but her request for interest on the sum was refused. A very interesting aspect of this case is that Mary got her money back through the Law Society and was given no explanation of why it was taken in the first place.

It seems, therefore, that in addition to acting as judge and jury on solicitors found guilty the Law Society is also acting as a kind of buffer between the accused and their victims.

This, of course, is related to the fact that the Law Society operates in a conflict of interest environment. It represents solicitors while at the same time making the regulations that they must abide by. It is obvious from Mary’s case that the Society favours its members over their victims.

There are some other “interesting’ aspects of this case that should be kept in mind.

1.The allegations against the solicitors amount to very serious criminal charges yet the Law Society is allowed to conduct its own “court’ behind closed doors, in secret. A spokesman for the Law Society in England informed me that in a similar situation it would be unlikely his society would be granted such powers.

Under the 1994 Solicitors Amendment Act, it is illegal for a solicitor to deduct a percentage of any damages awarded to a client by a court. There is evidence that this law has been repeatedly broken by solicitors and could amount to the theft of millions from clients. Despite this there is no interest whatsoever from the Law Society or the Government in conducting an investigation.

There are dozens of so-called regulators in Ireland that cost the taxpayer millions every year. None of them are effective in doing their jobs. Practically every incidence of corruption revealed in the last twenty five years has been by the media, by error or in recent times by whistleblowers.

Magic Ireland

Anyone still worried that the assurances given by the Foreign Minister, Dermot Ahern, regarding the CIA rendition flights (See previous post) did not fully clarify the Irish position will surely be happy to read the following statement from the great Ayatollah of Irish self deception himself, Minister for Justice, Michael McDowell, on RTE last night.

‘The fact is that the American government is a friendly state and is hugely friendly and supportive of everything that happens in Ireland, has given an unqualified assurance that they have not, do not and will not use Irish airports for the transfer of prisoners other than in accordance with Irish law, and I accept that.’

What these foreign feckers don’t understand about Ireland is that it’s a magic land.

So, if the banks rob millions from the State and their customers – that’s ok, just say ‘It didn’t happen’and hey presto – it never happened.

If solicitors rob tens of thousands from their most vulnerable clients – Why, all you have to do is allow the Law Society deal with the case in their secret valley where a large number of solicitors who would be considered criminals in the real big bad world are magically transformed into a small band of spirited leprechauns who got over-excited on coming across a pot of gold.

If there is strong evidence from the international community, Amnesty International and various other human rights groups that Shannon is being used as a transfer point for prisoners – then all you have to say is – ‘we don’t search the aircraft and the US Government have denied it, therefore it isn’t happening – Magic

Beating around the bush

Several European countries have begun enquiries into allegations that the Americans have been using their airports for rendition (torture holiday?) flights. I particularly liked the Dutch response, mixing humour with threat.

‘ prompting Dutch foreign minister Ben Bot to warn that his country could reconsider its 1,100-strong military presence in Afghanistan if the Americans “continue to beat around the bush” on the issue”.

Given that Ireland is almost totally dependent on American industry, the response by the Irish Government was predictable. When Condoleezza whispered in Dermot Ahern’s ear:

‘We would never do such nasty things”

Dermot rushed to assure the Irish people.

‘We fully accept the categorical assurance of a friendly nation.’

He couldn’t, of course, tell the truth, which goes something like this.

‘Please, please Connie, we will do anything, agree to anything, ignore any action, even torture so long as you keep the dollars rolling in.

Dodgy Foundations

Anyone who doubts that the Irish economy is built on some very dodgy foundations should listen to RTEs This Week programme last Sunday.

TCD economist Antoin Murphy explains how multinational companies are using Ireland as a giant money laundering operation. Countless billions in profits, generated in other countries, are being “washed’ through our economy as if they originated here.

The Government and IDA are happy with this manipulation of profits but the US Government is not at all happy and is threatening to take action. Shane Ross writes about the situation is last Sunday’s Independent.

‘These excesses should not blind us to the dependence of the Irish economy on US multinationals. We desperately need them to stay. Such an admission is unfashionable. We like to pretend that we created our boom on our own. We didn’t.

Ask Irish politicians what caused the boom and they will nominate ‘social partnership’ as the font of our prosperity – a reason carrying an unsubtle implication that they themselves had a hand in it.

Nothing could be further from the truth.

Our Celtic Tiger is multinational-conceived, created and christened. ‘

Blowing with the wind

The was some interesting debate on the slave trade polices of Irish Ferries on Q & A last night.

Dick Roche strongly defended the actions of Irish Ferries on the same programme last September when the story first broke.

‘The fundamental issue is that hard economics have hit this company. The most important thing is to preserve these companies’

No sympathy for Irish Ferries workers there.

On last night’s programme, he seemed to have a better understanding of the ruthlessness of Irish Ferries policy. When John Bowman challenged him on his change of mind, Roche got all flustered and did what he does best – waffled.

At the time, I expressed puzzlement at the views expressed by Roche and John Waters on the matter.

‘The only thing that can be said in their defence is that neither of them seemed to understand the full implications of what Irish Ferries are planning to do.’

Obviously, Roche does not have the ability to assess such matters at short notice but he does possess that great talent common to all Irish politicians – Blowing with the wind.

Irish (secret) Law Society

Constitution of the Republic of Ireland
Article 34 (I)

Justice shall be administered in courts established by law by judges appointed in the manner provided by this Constitution, and, save in such special and limited cases as may be prescribed by law, shall be administered in public.

The above constitutional provision does not apply to Irish solicitors. They are allowed to conduct their own private justice system, in secret, behind closed doors. In addition, if the Law Society finds any of its members “guilty’ it will be allowed to dispense justice as it sees fit according to its own rules.

Of course, to maintain some semblance of accountability, the society will disclose some details but its principal concern will be to protect its members. How do we know this?

Firstly, the Law Society operates in a conflict of interest environment. It is responsible for regulating but at the same time representing its members. Secondly, it effectively operates as a secret society. I have spent the last two weeks emailing and phoning the society asking some very basic questions. For example: How many solicitors have been struck off, reprimanded or fined in the last five years? I have been met with a stone wall of waffle but no answers.

We can already see how the society is carefully “managing’ information in order to minimise damage to its members. Here is what Ken Murphy, president of the Law Society, had to say about the victims of his society on RTE News on November 2nd ‘

‘A great many of these will not turn out to be complaints about overcharging fees, they will turn out to be amounts that were deducted from the awards cheque for unpaid medical certificate charges which is really quite legitimate.”

Of course, this is a ridiculous statement. We are being asked to believe that the cost of medical certificates amounted to the tens of thousands of Euros that have already been paid back to the victims.

But it doesn’t matter what waffle the Law Society come out with because the State is not interested in obtaining justice for the society’s victims and nobody else is allowed challenge this very well protected section of Irish society.

11 firms to appear before independent body

The slow wheels of ‘justice’ turn in regard to the theft of tens of thousands of euros from victims of abuse. The Irish Times report:

In an interim report, the Law Society revealed that 11 firms of solicitors, in relation to 20 individual complaints, had been referred to the disciplinary tribunal for inquiry in relation to their conduct in redress board cases.

When a complaint is made, it is first considered by the society’s complaints committee.

In each of the complaints referred to the disciplinary tribunal, the committee has required the solicitor to make a refund of fees to their client with interest and without delay.

…

He said the disciplinary tribunal was independent of the Law Society and was the final forum. He estimated that the hearings could be heard in early 2006 and the process concluded around February or March.

If the solicitors were found to be guilty of misconduct their names and the rulings would be published, he said.

Normally, tribunal hearings are in public but under the redress board legislation claimants are guaranteed confidentiality so an application for privacy could be made.

Tribunal orders are as enforceable as High Court orders.

It is Day 42 since the controversy arose. Still no arrests.