Dublin Castle: Woman with Scales of Justice in one hand and Sword in the other.....Equilibrium!!!

national | crime and justice | opinion/analysis

Monday December 12, 2005 21:03

by Michelle Clarke - Social Justice and Ethics

The history of Dublin fascinates me and Dublin Castle is one of the most spendid buildings and courtyards that became a bequest of the British Establishment as they left the 26 counties in 1920's.......

Dublin wit always gets directly to the point. Here is the irony. Dublin Castle now hosts the tribunals and those people held in suspicious of corruption. There is a preserve. The evidence cannot be used in court and it is quite interesting that several of these people of renown are politicians and former politicians........."We are talking about the corruption of the 1980's in particular; the greased palms; the lies, the deceipt; the harbouring of Irish money in foreign accounts and a time that Ireland was bent in half with economic depression. 20% of the people were unemployed and in some social categories the percentage was considerably more. People emigrated and others didn't even have the courage to use their plundered funds to pull the country out of the crisis.

Tribunals have had their day and yielded vast amounts i.e. in excess of Euros2 b in just a short number of years. Thank you Veronica Guerin RIP and others for your commitment to seeking Truth, Honesty and Ethics as distinct from crime.

Dublin Wit: Next time in Town Just Look for the Woman with the Scales of Justice in One Hand and the Sword in the Other. Note the way she is facing.........Yes, the message remains from the time of the British Establishment......'her arse and face are 'to the City of Dublin' those who have no rank......

To Mr. Mc Dowell....

Blurred vision perhaps.......or why 'leak' documents to the media. Since when did the Media become part of the Separation of Powers in a democracy. Then I ask what about parliamentary privelege, the DPP and the 50/50 rule, the Rule of Law; unity and solidarity, and perhaps even conflict of interest.

It was Montesquieu who championed constitutional government as the central mechanism for guaranteeing the rights of the (adult, male, property owning) individual

David Held (pg 71,)
Principles of Justication....Citizens require protection from the governors, as well as from each other, to ensure that those who govern pursue policies that are commensurate with citizens' interests as a whole......I can grasp this and also take account of the changes to include women votes etc.....

The sovereignty lies in the people....but is vested in representatives at state level. Then there are regular elections.

The important point is that State powers must be interpersonal i.e legally circumscribed and divided among the executive, the legislature and the judiciary.....Please note this does not include research data provided by the Gardai to a Justice Minister who in turn makes it available to the media. Note the outcome of the Dr. Kelly affair and the leaks in information and the impact on BBC and others regarding Weapons of Mass Destruction.

Constitutionality is about liberties such as Free Speech, Expression; Association, Voting and Belief.

Am I missing out on a major point - what is the Belfast Agreement about? What is the focus at present but empowering the opening of Stormont and encouraging Sinn Fein, DUP and SDLP and others to work together and merge North and South. The US provided funds for these Peace I, II, and III initiatives......

With great relief I listen with intent to the English Judiary uphold their position within the Separation of Powers against Evidence being allowed in Court when Terror is used. Thankfully, the Separation of Powers worked here. Where are we in Ireland.....Look at Shannon. Think about Rendition. Then consider we run contrary to the Rule of Law, contrary to the Neutrality of our Constituion.

This system as developed through the centuries.....Let us protect it from any for of 'Police State'. On this subject, I am going to suggested an article published on Indymedia titled the 14 Characteristics of Fascism by Lawrence Britt Spring 2003 - Free Inquiry Journal.

It is always interesting to have perhaps an extreme benchmark to measure the current situation. It is www.ratical.org

I ask Taoiseach Ahern to continue to lead his party with integrity. Corruption appears to exist and perhaps obsessive compulsive dependencies linked to narcissism are found in others.

You have started the purge.......time to keep watching others who are perhaps breaching the Constitution and Future of the Peace Process..........

Michelle Clarke
We need people of that older calibre, dedication and commitment to the Island of Ireland.

The Gardai need additional staff (2,000) as p[romised, the corruption issue and the movement established by Mr. McBrearty is a waterfall with major impact; the young boys who have died in custory, one with ABI (something I have had myself and feel ought to have been noted by the Gardai when they inspected the boy that night).

Then there is John McCarthy - Bipolar. What is it that persuades someone to promote a person who is centre of the equiry before Mr. Barr reports.

Note: Statistics in the US state that the mentally ill are 4 times more likely to be shot by the police.

What about the Restorative Justice in the North......do we not need to introduce it here versus ABSOs'

save preference

Comments (10 of 10)

couple of typos

by opus diablos - the regressive hypocrite party

Tue Mar 29, 2011 16:28

in that.

But the one needing correction(even if no-one is reading) is the distortion of the quote. It should have read

'One does NOT sell the earth on which the people walk'. Must try harder.

'..other jurisdicions for example..'

Sun Mar 27, 2011 17:25

Yes, in deed. No harm if we revisited your namesake, the Brehon jurisdicion.

Under which juridical system private ownership was not the rigid feudal Anglo/Norman/Roman individual property claims at the expense of the public at large. Periodic revisions of proerty imbalances were built into the system, for the sake of that fresh cliche, sustainability.
Or as the native American system instructed, as do most pre-feudal, ' One does sell the earth on which the people walk .'

But then our own constitution has provision for the public general interest to qualify private ownership. It tends to get overridden by the Madison Avenue culture of vested corporate ideology with its presuppositions; all contrary arguments being dismissed from a public discourse bounded by the parameters of the 'free' market. In which law itself is a commodity only accessable to the monied.
Justice under such a system becomes the consequence of the relative leverage of your wallet. And no judge who advocated questioning the underpinnings of the legal system would pass the established barriers to even qualify for the status of solicitor.
Metaphorically, he would be laughed out of court. In reality he would never see the court, except maybe as plaintiff.

The law, as constituted, is a recipe for injustice; but its impolitic to suggest such an observation. It would require that we examine our presuppositions. Not an agreeable exercise. Which makes the prognosis unrosy.

What do the lawyers of today say?

by Brehon - Ethos and origins

Sun Mar 27, 2011 16:39

Yes Opus you are correct that corporate crime is not new. Nor is bureaucracy or for that matter whistleblowing but it is about how the law is administered and the cushion zone for those who are the risk-takers in experimenting as to how to avoid being criminally charged for engaging in crime - from the ordinary con man on the street to the ponzi now criminally charged and imprisoned Mr. Madoff in the US.

The Independent newspaper reports that Justice Minister Shatter has indicated that new laws will be published within weeks; the objective will be to combat corporate crime and the aim will be to facilitating the speed up into investigations. Prosecutors are not so enthusiastic and claim the law is suffice at present, the problem is with enforcement. Perhaps one ought to add to this that the DPP may not be adequately staffed, motivated or intellectually astute in the roguery that instigates global banking crises underpinned by corruption but then we do have the Criminal Assets Bureau and its success.

Mr. Shatter was speaking at the Irish Criminal Bar Association: Mr. McGinn said 'that the banking crisis of 2008 was not caused through want of a regulatory scheme or criminal sanctions'. He went on to point out that rushing into new legislation, as has happened in the past, may not be the best move forwards.

We all agree that we want action but new legislation must be accurate. Already there are bodies in place involved in carrying out separate probes i.e. CARB; Director for Corporate Enforcement and the Garda Inquiry bodies. We also need to hone in on the expertise of organisations such as Transparency Ireland Organisation and their international links to ensure consistency in legislation targeting the ever increasing mindset of the core criminal. Interestingly, there is a new category referred to now and that is the neuro-criminal - can you imagine the impact of this as a defence.

DPP need to wake up. They have the 50/50 rule responsibility. The time has come to sort out the wheat from the chaff and move on and this does not necessarily mean having to resort to new legislation, and if new legislation is required, we should look to other jurisdictions for examples.

'..new area of crime..'

Sat Mar 26, 2011 15:38

Corporate Crime.

Not so new. It goes back to the East India Company, at least. Its written into their constitutions, limited liability, means they can 'outsource' all reponsibility for 'error'.

Check out Joel Bakan's book, The Corporation. He exposes what he considers the pathological nature of the entity. Most readable.

The Moriarity Report is published; one report in excess of 1900 pages

by Corruption - Dublin Castle : The Scales of Justice

Tue Mar 22, 2011 15:36

From 1997 to 2011, March 23rd and finally the cupboard of corruption is laid bare and like rats off the sinking ship, too many are now running for cover.

The names have been reported and are now documented with the Judge Moriarity's (Moriarity Tribunal) findings. What happens next? Are there grounds for the Criminal Assets Bureau to proffer charges to the DPP and seek redress and if so can there be a confiscation of monies gained by illegal methods.

This is the new area of crime called Corporate Crime and what we need now is an approach similar to that in the US where people who engage in such deception, breach of trust, and corruption (e.g. Madoff, executives from Enron, the US) being brought before the criminal courts in Ireland and let there be some plea bargaining to facilitate confiscation of funds gained from illegal transactions to help alleviate our Bail Out status which if the Moriarity report is comprehensive enough will indicate that there are inroads to that theory of 'follow the money'. We need to get serious about finding out where investments in deposit accounts have flown to.

Now it is time for the people to follow the money. There is a distinct loss in confidence by the ordinary decent person (as distinct from the ODC) who has funds about investing in our banks. Today, the Bank of Ireland is again losing ground because of lack of confidence. The time has come to draw a line and place a stake in the heart of corruption and that time is now. We need to ask how we can restore the confidence in our banking system and get money back from the more secure foreign banks who pay higher interest and give greater security.

Now all we need is the outcome of the Mahon Tribunal. Then the approach to serious government can begin with a new balance sheet albeit it will contain a mighty high value of debt for the diminished Celtic Tiger contingent of gangsters.

The Joe Duffy show today makes interesting a report that to many may waffle but its translation to ordinary speak is essential.

To those exiles who form part of a group who call themselves a platform for reform - amazing that you waited until after the election to put out your stall. I hope you have a clean bill of conscience now.

Urgently we need funds in our banks on the Island of Ireland. We need economic growth. We need to support Google Ideas and other start up initiatives. Now is the time to get focused.

Dublin Castle

by Spirit Level - Scales of Justice

Fri Jan 22, 2010 16:28

Interesting: Yes. The Scales of Justice stand resplendid at Dublin Castle but 'the message is conveyed inwards' when the message ought to be outwards to embrace the whole Island of Ireland.

The time is here for change. We need Transparency. We have the chance now to achieve it.

How long more do we have to wait for the outcome of the Mahon Tribunal? What about the adage - Justice delayed is Justice denied.

Are we denied Justice? Do we really need a Tribunal regarding the Banks? Is it not suffice to say we became part of the global de-regulation of financial markets and we benefitted handsomely in the like of the Financial Services centre for providing backroom work for world banks who were attracted to our tax breaks!!!

We need to note that in the US - those who breach the law in Corporate positions have already been arrested and sentenced to long periods in prison. The legislation is what counts. We have the added advantage in Ireland of the CAB, surely this model can be adapted to criminalise those who abused power in their corporate prestige world of the last few decades!!!

Spirit Level

Landmark decision by Mrs Justice Laffoy about debtors and prison

by Savant - Social Justice

Thu Jun 25, 2009 16:31

Mother of two children from Monaghan brought a case to the Court concerning a debt she was unable to pay to the credit union.

Mrs. Justice Laffoy ruled that a 2005 District Court Order imposing one month jail was non constitutional. 3 more people were released per consequence of this landmark ruling.

Vincent Browne review book ..... Spirit Level

by Knowledge - More Equality and less dysfunction

Fri Jun 19, 2009 17:15

Yes Michelle, you make some interesting points about the Scales of Justice.

Thankfully, there has been a landmark Court Ruling within the last few days.

As a supporter of freedom of the press and in particular people press (just look to the change in Iran as a result of the latest medium 'Twitter'), I am delighted with the outcome for Suzanne Breen, Northern Editor with the Sunday Tribune.

This is a precedent and most importantly it protects in particular investigative journalists:

The Judge in a Belfast court has made the precedent Ruling:

**that the court cannot compel a reporter to hand over notes, telephone records about the dissident Real IRA. The case relates to the murder of two british soldiers...... why: because it would put her life in danger.

This is a Precedent Knjudgment and its rippling effects will spread throughout the Island of Ireland
It is reported that Ms. Breen received a mobile phone call from a member of the dissident Real IRA..... claiming responsibility.

This is a significant re-balancing act for the Scales of Justice and the achievement of equilibrium.

Scales of Justice......What is happening?

Mon Feb 11, 2008 20:35

The Mahon Tribunal......the barristers, the solicitors, the media, administrative staff, location, ...............so much............and for near on 10 years now.

The cost is in excess of Euros350 m.... or more. Then there is the wasted time.....the time that has been so excessive that people have basically lost the message to be conveyed by the crime of Corruption and Bribery, basically seriously illegal actions that deserve prison. They wholly distort the Market as we are witnessing presently.

Just let us now reflect on the taxpayers money (TV licences) on RTE's over priortised coverage of the American primaries. What takes priority? Hilary's eyes looking deep into Obamas eyes and Bill in the audience wearing the tight Elvis Presley pants and his eyes cringeing with jealousy but at least Hilary is giving no b... numbers and Bill has learnt to respect. After all he may be sleeping with the most powerful woman in the world next year and believe it or not - his morals are being sponsored by Viagara. The answer to the question is - there are more serious problems at home - then the ego of Hilary and Bill's hunting skills.

We have health issues here - medical and psychiatric and we lack accountability for both. Money gets you first preference and doctors run by the rule of Money not the Oath.....Hippocrates 'Do no Harm'

Now we have a legal team assembled by an Taoiseach Mr. Ahern......ultimately to protect his position. Who pays for this? Who will pay for the wasted time........it is enough to see a newly appointed French Prime Minister quite openly flaunt a decorum expected of people in High Position, in France. As Bertie says, it is all rubbish so why has he got a legal team surrounding him i.e. if it is all rubbish. And why should Rubbish question the integrity of the Mahon Tribunal? This in my opinion is a conflict between Government and the Law on the quesion of morals and corruption.

It asks the question as to what is the stability of Ireland tonight as a democratic people -----it beggars belief surely.

Michelle Clarke/Kevin T. Walsh

Democratic Process - Is it Challenged?

Sun Sep 16, 2007 14:26

The Scales of Justice - Dublin Castle

Woman who balances the Scales of Justices faces inwards to where the Tribunals are taking place.

This article was submitted last night but appears to have got misplaced....

Equilibrium is the objective............let it not be made a subjective input
The tribunals still abound......but where are the resolutions and more importantly the Dail committees on corruption charged with the task of actively quell corruption.

Ethics, Morality, Accountability and Transparency are but aspirations that have been consumed by greed in the period known as the Celtic Tiger. The time has come to draw in the fishing nets.......this is the function of the Tribunals and particularly in the case of the Mahon Tribunal which is at the pivital point as our Taoiseach and his former 'Life Partner' are being questioned by learned counsel. The Taoiseach faces his third day next week...(If counsel succeed, the charge of corruption proven, people will ask why, if he knew himself to be 'guilty' did he not make a statement. To waste time may not be a crime but morally it shows a total lack of integrity in a person to the society they live within).

It was said that 'Nero fiddled while Rome burned'. Last night, as I watched and listened to David McWilliams, Economist, writer, (on the Pat Kenny show) he conveyed the message that the property market was already threatened, that Ireland was facing a similar crisis of 1980's. Add to this the crisis with Northern Rock and the intervention of the Bank of England. Someone, if not An Taoiseach, needs to step in and take over the reigns.

I am sure there are many Fianna Fail ministers watching the Rugby with their eyes but mentally focused on who would take over the Emperor's clothes if Bertie falls flat on his face next week. Cowen, Martin, D. Ahern, and a few more mavericks with dodgy backgrounds will be contemplating the prize. I feel they all could meet by accident on Monday morning in Louis Copeland buying the Armani suit!!!!! or perhaps in the Shelbourne, the good all haunt of politicians and developers......!

Next week will be very interesting, as one tourist in Baggot Street, said to me 'this is the best circus he has ever been at. He told me today that he extended his holidays for another 10 days - he can't go back'. We had a coffee together. I told him about the Beverly Flynn case that happened over the last few years. He smiled, looked at me and said - I am a lawyer from Chicago - why is Miss. Flynn not in prison. I could not answer him. Maybe somebody on Indymedia has an answer. Any candidates.

There are challenges out there. Solid pledges must be made to the social agenda. The forthcoming budget must be aggressive in its provision for for the social needs of the poor, the underclass, the sick in our society. They need to be strong enough to increase tax on the privileged and yet continue to the whet the appetite of the entreprenneurs to continue to base themselves in Ireland. This is a juggling exercise. I think Minister Cowen has made some adjustments during the week to accommodate the 2 billion euros shortfall.

I am intrigued by the writings of William Finnerty over the past few years on Indymedia. If I recall Mr. Finnerty said he was on the run from An Garda Siochana and is now in Omagh. The circumstances of all this confuses me. Mr. Finnerty's writings are very good but as a school master said copycats are not reality - they may seem creative but writing from the text pages of Irish law is not really showing the true person. I ask tonight could William, with the utmost respect, - clarify why he is across the border? Some of his textbook writings I totally agree with (corruption, freedom of speech, legal corruption, bureaucracy corruption, Garda corruption) but Mr. Finnerty should realise the Constitution is sacred. It was written by many Fenians, IRB and IRA's blood. If our Constitution was adhered to, we would have a very fair and equal society. That is the problem, William. I would not change the Constitution and believe me, I write from the head not the text book. so with respect - don't be a mouse going to a Cat's convention. Be yourself and clarify for me exactly what grudge you really have againgst the Irish Government? What is the case you have brought to the European Court of Justice?

Just an hour ago, I received a phone call from Mr. Jack Russell, in Belmullet. He told me sadly that one of Ireland's finest Nobel prize winners' Willie Corduff (Corrib - Shell) was refused an audience with the Icelandic prime minister - it is alleged that Mr. Bertie Ahern intervened and said - Corduff is corrupt! The Iceland PM took his words on board and now it becomes obvious why the Polar Bear is becoming extinct..........G8

Michelle Clarke
KTW

Quotation
Government: Pierre-Joseph Proudhon (1809-65) French Social Theorist
'To be governed is to be watched over, inspected, spied on, directed, legislated, regimented, closed in, indocrtinated, preached at, controlled, assessed, evaluated, censored, commanded; all by creatures that have have no right, nor wisdom or virtue.....O human personality!!!!

How can it be that you have cowered in such subjection for sixty centuries?

Let us not forget the 4 apostles
Irish
DeValera, McQuaid, Casey, anerd the singing priest Clery

Number of comments per page

Upcoming Events

New Events

Other Press

User Preferences

Feeds

Blog Feeds

Anti-Empire

The Saker

Public Inquiry

Voltaire Network

Dublin Castle: Woman with Scales of Justice in one hand and Sword in the other.....Equilibrium!!!

Comments (10 of 10)