A time of high farce

On the 2nd April last the Taoiseach of this country, Bertie Ahern, was required to provide an explanation to the Irish people, in their parliament, regarding a very serious contradiction in his evidence to the Mahon Tribunal.

Ahern had told the Tribunal, under oath, that he never dealt in sterling. His secretary, Grainne Carruth, also told the Tribunal, under oath, that she never dealt in sterling on behalf of Ahern.

The Tribunal produced evidence in the form of bank receipts personally signed by Ms. Carruth that proved without doubt that she had, in fact, lodged large amounts of sterling on behalf of Ahern.

On production of this evidence, Ms. Carruth admitted that her previous evidence under oath was not true.

Instead of providing answers on this very serious matter to the Irish people, Mr. Ahern announced that he would be resigning on 6th May next. This dramatic and desperate strategy successfully brought to a halt all efforts to bring the most powerful man in the land to account.

The flickering flame of political accountability was extinguished under a stampede of government and opposition politicians, journalists, party members and the general public as they rushed to declare Ahern the greatest Irishman since De Valera.

Enda Kenny, who naïvely but not unreasonably called for a general election, was immediately condemned from all sides. How dare he spoil ‘Bertie’s day’? Journalists, in particular, were scathing of Kenny for not doing the right thing, for making inappropriate suggestions, for making a hames of it.

The very serious matter that a serving Taoiseach had possibly lied under oath was forgotten. There was now no need for Ahern to answer any awkward questions; he was raised to the status of hero.

When he described the legal team that represents the people of Ireland at the Mahon Tribunal as ‘lowlife’ the fawning media sniggered with childish laughter. At least two Government ministers agreed with this assessment and nobody, to my knowledge, has made any serious challenge to the remark.

On Wednesday 23rd April last, The Taoiseach of this country, Bertie Ahern, entered Dail Eireann for the last time as Taoiseach. For over an hour he was eulogized, acclaimed and complimented by speaker after speaker.

It was an event unprecedented in the history of the State; no other outgoing Taoiseach had ever received such lavish praise for his leadership of the country.

Afterwards, Enda Kenny received high praise for ‘getting it right’ on the occasion, for not spoiling ‘Bertie’s day’. Journalists in particular approved of Kenny’s performance, clearly happy that he had learned his lesson.

Caoimhghin O Caolain of Sinn Fein was roundly condemned for sounding a discordant note when he mildly criticised Ahern about the country’s Third World health system.

Journalists, in particular, were scathing of O Caolain’s comments. On radio, television and in print they strongly expressed their disapproval of the comments made by the Sinn Fein representative.

On that infamous day not a single politician made reference to the fact that Ahern was resigning because he had run out of answers to the questions being asked of him by a tribunal established in that very parliament, on behalf of the Irish people, to investigate allegations of corruption in the planning process. Not a single politician made reference to the very real possibility that Ahern had committed the crime of perjury.

The Republic of Ireland and its people were betrayed on that day by the body politic. They were betrayed when politicians willingly and slavishly acquiesced in a disgraceful farce.

Bertie Ahern is free now; he will be allowed to retire in glory. It doesn’t matter what he tells the Tribunal, it doesn’t matter if he’s criticised in the final tribunal report, it doesn’t even matter if he’s found to have committed perjury.

It doesn’t matter because there’s no authority in the land with the power to make him accountable. Nobody will take action against him because Ireland is a country with a weak and compliant media, an incompetent and cowardly opposition and an electorate who have yet to learn that the state they live in is not normal by Western democratic standards, that it is a deeply corrupt and rotten state.

Has RTE repudiated a core value?

As I expected, the RTE weekly radio business programme The Business made no mention whatsoever of the Fyffes/DCC case even though it is one of the biggest financial scandals in the history of the State.

Neither was the scandal mentioned on The Marian Finucane Show on Sunday, a programme that features a panel of commentators specifically invited to discuss the major media stories of the previous week.

RTEs weekly flagship news and current affairs programme, This Week, also kept mum on this major financial scandal.

RTE must be aware that this story is of huge importance, they must be aware that their coverage of the scandal borders on a virtual news blackout.

An objective observer can only come to one conclusion – RTE has joined all other State authorities who have steadfastly refused to take action against DCC or Jim Flavin.

If that is the case, if a decision was made within RTE to keep the reporting of this scandal to an absolute minimum then we are looking at the appalling vista of news manipulation by the national broadcaster.

Even a suspicion that this scenario may be true, and that suspicion now exists, does serious damage to the credibility and professional respect of RTE as a balanced and independent broadcaster.

According to RTE, one of its core values is to:

“Operate in the public interest providing News and Current Affairs that is fair and impartial, accurate and challenging.”

I believe that this core value has been repudiated in favour of some other agenda.

(See previous posts on this matter here and here)

Copy to:
All RTE News and Current Affairs departments

Ahern's sham apology

When I read Christine Buckley’s letter in the Irish Times on Friday 11th April I was a bit taken aback. Ms Buckley was fulsome in her praise of Bertie Ahern for his apology to survivors of institutional abuse in Ireland.

I remember being very angry when Ahern made that apology. I felt he made the gesture, not because of the suffering of the abused but because it was politically expedient to do so and also formed part of a strategy to save his beloved Catholic Church from further damage.

The subsequent Redress Board set up by Ahern’s government is, in my opinion, a bullying monster that operates under Soviet style regulations and secrecy.

I didn’t respond to Ms. Buckley’s letter partly because she herself is a victim of the Catholic Church holocaust of abuse so I was happy when another victim did write in response.

Both letters are reproduced here.

Madam,

In recent days the pivotal role of Taoiseach Bertie Ahern in changing Irish life for the better in vital areas such as the peace process and the economy has been rightly recognised. However, there is another and no less significant act for which the Taoiseach shall be forever appreciated and admired by those to whom it meant so much.

In 1999, Bertie Ahern gave an unreserved apology to the survivors of institutional abuse in Ireland. In doing so lifted the veil of secrecy, stigma and injustice which had dogged our lives and impeded our futures. His apology touched our hearts profoundly, because it was clear that he had listened to survivors with a depth of commitment unequalled by any other politician, apart from the then minister of education, Micheál Martin.

This became evident in the swiftness with which he followed up his words with actions that supported the healing process for all of us who had endured the regimes of the various institutions that had destroyed our childhoods.

Despite all his recent troubles, Bertie Ahern will always hold a special place in the hearts of abuse survivors for his compassion and courage in standing with us, his efforts to bring about redress, the respect he gave us all as individuals and organisations. On behalf of all survivors, I thank him.

Yours, etc,

CHRISTINE BUCKLEY, Aislinn Centre, Jervis Street, Dublin 1.

Madam,

Christine Buckley (April 11th) lavishes praise on Bertie Ahern for his management of the economy, for his role in the Northern peace process and his apology to those of us who were institutionalised and abused by various organisations of the State and by members of religious orders, all in the name of childcare.

Ms Buckley seems to forget that the apology given by Bertie Ahern was not something he gave willingly. It was brought about by the revulsion of people who watched the States of Fear programmes on RTÉ.

His apology came about just before the screening of the third programme in the series, when the government and the religious orders were being shown to have covered up the most horrendous abuse of innocent children.

As Taoiseach, Mr Ahern and various members of his Government were aware before the screening of States of Fear that institutional abuse of children in the care of the State was widespread.

My own book, The God Squad, highlighted this issue 20 years ago, yet not one single member of any government or religious order ever apologised to me, or indeed to the many thousands of children who were served with “Orders of Detention”, rendering them criminals.

Perhaps before he leaves office and fades into the background of Irish politics, the Taoiseach will rescind those orders of detention served on children as young as one year and who today are in effect branded as criminals under the 1908-1941 Children’s Act.

According to Ms Buckley, Mr. Ahern’s apology “lifted the veil of secrecy, stigma and injustice which had dogged our lives and impeded our futures. His apology touched our hearts profoundly, because it was clear that he had listened to survivors with a depth of commitment unequalled by any other politician, apart from the then minister of education, Micheál Martin”.

Mr Ahern’s apology did not touch my heart. It didn’t touch the hearts of many thousands of people who were abused while in the care of the State. The “veil of secrecy” to which Ms Buckley refers was lifted long before Mr Ahern uttered a word of apology. There is no evidence I know of that Mr Ahern listened to survivors? I hold the view that, were it not for the sterling work of journalists such as Bruce Arnold and Mary Raftery, no apology would ever have been forthcoming from Mr Ahern.

I can only surmise that the “swiftness with which he followed up his words with actions that supported the healing process for all of us” is a reference to the Redress Board, set up to “compensate” people who had been detained in industrial schools around the country and treated brutally in every sense of the word.

As one who appeared before the Redress Board, I’d like to elaborate on its secret proceedings; but to do so would see me being fined €2,000 in the first instance. Were I or anyone else who appeared before the board to speak about what went on behind its closed doors a second time, we would face a fine of €25,000 and/or two years in prison.

Surely Ms Buckley can’t regard what I view as a perversion of natural justice as being in any way a “healing process for all of us”.

Yours, etc,

PADDY DOYLE, Ardagh, Co Longford.

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.

Alcohol ban.. by some god or other

Letter in today’s Irish Examiner.

ON Friday last I entered a supermarket to purchase some groceries.

When I attempted to enter the off-licence section to purchase a bottle of wine I was prevented from doing so by a childlike barricade made of cardboard boxes held together with tape.

A notice on the barricade proclaimed the purchase of alcohol was forbidden because, apparently, some god or other, with the full backing of the State, did not approve.

On enquiring from a staff member I was informed that the State only enforced laws for this particular god as all other deities were relative newcomers.

The staff member was unable to say if or when the State might become a real republic.

Anthony Sheridan

New whistleblower charter

The introduction of a new whistleblowers charter was discussed on a recent Prime Time programme.

Frank McBrearty Jnr, and Jim Cusack, Security Correspondent for the Sunday Independent are not at all happy with the new system.

According to Cusack the new system does the complete opposite to what it’s supposed to do saying that it is in reality a protection for the permanent and elected government.

Miriam O’Callaghan questioned that part of the 2007 regulations that merely talks about taking all practicable steps to ensure the identity of the confidential reporter is protected.

The overall objection seems to be that the new system is not really independent – Time will tell.

Frank Dunlop – No regrets, no worries

Frank Dunlop has completed his evidence to the Mahon Tribunal (RTE, 7th item). He has no regrets and only one concern – to get his book published before the tribunal reports.

He was one of the central facilitators in some of the most destructive and blatant planning corruption in the history of the State and he’s not in the least bit worried about any possible consequences.

And he has no need to worry because he lives in a country that accepts corruption as a normal and legitimate aspect of its culture.