Lessons from Liberia

It is reported in today’s Irish Times (20th June, sub required) that the Auditor General of Liberia has strongly attacked its president for the non accountability of millions of dollars. A number of comparisons can be made with this scandal and the situation in Ireland.

Liberia is one of the most corrupt countries in the world but with help from the international community it is making a serious attempt to fight the disease. Here in Ireland, we have yet to even admit that we are seriously infected.

The matter was taboo during the election because it was judged too risky to attack Bertie Ahern on his personal finances. Neither can we expect much action from the new arrivals in government. Green Party TD Ciaran Cuffe has already made his party’s position crystal clear;

“The Green Party is not the moral guardian of Fianna Fail or anybody else.”

Liberia’s Auditor General is paid by the international community, obviously to ensure an independent and objective voice in the fight against corruption.

Ireland is badly in need of such an arrangement. An investigation into the non accountability of millions, secretly paid to independent TDs to buy their political support, would be a priority.

Balderdash and lies

Edward Horgan, in a letter to the Irish Times, echoes my views on the remarks of President McAleese in Belgium at the weekend.

Balderdash is how he describes her dangerous sentimentality, a sentimentality that ignores the brutal reality of war and thereby helps to build up the ranks of cannon fodder for future conflict.

People of influence like McAleese have an obligation to lead using the truth as their principal weapon.

Rudyard Kipling pithily sums up the matter.

“If any question why we died, tell them, because our fathers lied.”

Or in this instance, because our President lied.

Edward Horgan’s letter is worth reproducing in full.

Madam, – The colourful first World War commemoration ceremonies at Islandbridge in Dublin and at Messines in Belgium are truly sad when we examine the false heroism attributed to those who died in the most useless and wasteful of wars.
President McAleese spoke of the Irishmen from different traditions “who had a common cause . . . a goodness, a graciousness, a kindness, a love, a cherishing of one another. . .it is a shared memory and we need such shared memories”.
Balderdash. Most of the Irish soldiers who fought and died in that war were conned into joining up by Redmond, Carson and the Lloyd Georges of this world. The “shared memories” or myths that our President tells us we need would be better replaced by some home truths. The lies that fooled people into fighting in Flanders included fighting to “defend small nations” such as Belgium (but don’t mention the Congo). This was the “war to end all wars”, a war of liberty against tyranny.
Such lies have reappeared in recent times to justify the Iraq war – weapons of mass destruction, a war against terror, bringing freedom, peace and democracy to the Middle East. Tony Blair lied that the war in Afghanistan was partly to cut off the supply of drugs to the West. These wars, like the first World War, brought only death, more tyranny, torture of prisoners and crimes against humanity.
Most of the Irish soldiers who were lost in the first World War died miserably, not honourably. They went, scared, “over the top” because they would have been court-martialled and shot if they refused. The President fails to mention all the young German soldiers who were needlessly killed by Irish young soldiers. The youngest Irish “soldier” recorded as killed in action was a 12-year-old bandsman from Waterford. Surely that was child abuse, not heroism. Those who survived by deserting were the wise ones, and there were few heroes.
In order to get men in large numbers to do stupid and morally reprehensible things, you first have to find ways of getting them to switch off their minds. Imagined or invented shared memories, flags, bugles, pipers and uniforms are essential parts of this process of turning men into military morons. When war memorials are being called “peace parks”, the dogs of war are being trained for unleashing. Lest we forget, again. – Yours, etc,
EDWARD HORGAN, (Commandant, ret’d)

President of Cloud Cuckoo Land

I don’t like President McAleese – Here’s why.

Firstly, she’s an ultra conservative Catholic who, in the main, represents that world view both religiously and politically. I may be naive but I believe that a president should represent all sections of society.

Secondly, she’s a great admirer of the corrupt politician Charles Haughey. Again it may be naïve but I believe a president should, at least publicly, refrain from defending criminal politicians who have betrayed their country.

Thirdly, President McAleese is one of those people, and there are many in Ireland, who has an amazing ability to ignore reality and live quite happily in cloud cuckoo land.

On the surface this may seem harmless enough but people of influence who live in cloud cuckoo land can seriously distort the truth of an event and thus mislead others about a brutal reality that needs to be met head on if it is not to be repeated.

I speak, of course, about the President’s visit to Messines Ridge in Belgium where the 16th Irish and 36th Ulster divisions fought in an important battle against the Germans in 1917.

Here’s some of what she had to say on the occasion.

“We know they came from different traditions which had very different ambitions, and yet on these fields their different traditions were put to one side. They were human beings who had a common cause and, through each other, they worked for that cause and showed to each other a goodness, a graciousness, a kindness, a love, a cherishing of one another.”

Different traditions put to one side? Human beings with a common cause? Showed each other goodness, graciousness, love and kindness? Jesus wept, where did this woman learn her history?

Here’s the reality: Ireland was on the brink of what would have been a brutal civil war in the summer of 1914. So inevitable was this conflict that when war was declared many thought the announcement was referring to civil war in Ireland.

The brutality and hatred was put on hold when the British promised the Unionists continued union and the Nationalists Home Rule. So they didn’t go off in ‘kindness and love’, they went off with a promise that their respective agenda’s would be met. When those agenda’s weren’t met the brutality and hatred recommenced.

The President did touch on reality when she described as tragic and shameful the manner in which the Republic ignored all those Irishmen who fought in WW1. And this remark brings me back to her place in cloud cuckoo land.

These men were ignored for decades because of a disgraceful lack of leadership, courage and vision in the Republic. A situation largely created by narrow minded ultra conservative Catholics and a body politic that exploited hatred of the British as a means of covering up their own incompetence in constructing a modern and enlightened state.

A contemptible nation

For sheer brass neck and total disregard for the laws of the land it would be difficult to surpass the arrogant and contemptible activities of Minister for State, Pat the Cope Gallagher.

This pathetic excuse for a public representative illegally erected posters in Dublin last week (See post below). During my enquiries with Dublin City Council regarding this incident (ongoing) I was informed that the posters in question were returned to Gallagher as the authority had no storage space for them.

It is likely that these are the same posters erected by Gallagher in Donegal as they are identical to those taken down in Dublin.

Clearly, this backwoodsman politician is supremely confident that he lives in a country where the rule of law does not apply to those in power. There is overwhelming evidence that his confidence is fully justified.

However:

A public representative who knowingly breaks the law has no credibility whatsoever and deserves only contempt.

Local authorities who effectively condone such activities by inaction have no credibility and deserve only contempt.

A body politic that condones such activities by failing to condemn them has no credibility and deserves only contempt.

A political party who tolerates such activities by one of its members has no credibility and deserves only contempt.

A sitting government that fails to act against such activities has no credibility and deserves only contempt.

A nation that tolerates such low standards from its public representatives and State authorities has no credibility and deserves the utmost contempt.

The power of the Leprechaun wand

Writing about the Bertiegate affair back in 2006 I provided a rational explanation as to why our then Minister for Finance, Bertie Ahern, could speak to a group of businessmen at a dinner in Manchester about the Irish economy, participate in a question and answer session, accept a ‘gift’; of stg. £8,000 from the group and justify his actions by claiming that for the period he was speaking he was not a minister but merely an ordinary private citizen.

People laugh when I tell them, but it’s true. Irish politicians, on being elevated to ministerial office, are issued with a magic Leprechaun wand. This wand is so powerful it can change reality; it can make black white, it can make people think Charlie Haughey was Mother Theresa, it can turn a minister for finance into an ordinary citizen and then instantly back into a minister.

Last week we witnessed the immense power of the magic wand when Minister for Justice Michael McDowell introduced legislation allegedly designed to prevent what some begrudgers claim was Bertie’s prostitution of public office for financial gain.

Now in far away countries where reality is, well, er always reality, this would mean putting severe restrictions on the amount of cash a politician could accept for ‘appearances’. It would also result in the relevant enforcement authority being given the power to actually investigate breaches of ethical standards.

In Ireland, however, such nasty realities were quickly dispelled by a quick wave of McDowell’s powerful Leprechaun wand. His proposed new legislation will allow Irish politicians to accept ‘gifts’ of up to €2,000 (Up from €650) with no questions asked. And should an Irish politician be tempted to accept a greater amount (perish the thought) nothing will happen unless:

Somehow the breach becomes public knowledge.

Somehow it is known that an office called the Standards in Public Office Commission exists.

Somehow it is known that, by law, this office cannot initiate an investigation unless it receives a formal complaint from a member of the public.

Somehow there is a citizen out there who knows this and cares enough to make a complaint.

Out of a population of four million I’d say there are about two citizens who could be bothered. Good odds there for a chancer.

So how could this proposed legislation benefit politicians? Let’s imagine Bertie organised a return match, as it were, with the 25 businessmen in Manchester. Without even needing his magic wand he could collect €50,000 from the said gentleman, all legal and above board and nobody’s business but his own thank you very much.

And if the begrudgers back in the auld sod moaned on about all that standards and ethics stuff he would just wave his magic wand and claim that when he spoke to the generous gentlemen he was just an ordinary Joe Soap but now, magically, he was Prime Minister again.

Shure isn’t it a great little country?

Pay increase, whether you like it or not

Sometimes, in unguarded moments, our politicians reveal the truth about how our country is run. The impact is all the greater when the revelations are made in all innocence, as is the case here.

Senator Shane Ross, speaking on the Marian Finucane Show last Sunday (Eamonn Dunphy was standing in for Marian) claimed that the whole bench marking deal was flawed because it was done in secrecy.

Dunphy:

Would you be happy if you’re wages were determined in secret?

Ross:

Let me tell you a little secret about this. I’m a bit of a hypocrite about all this because I get bench marking in the Senate as a senator and I’m a beneficiary of that. Let me tell you a story about it that shows how ridiculous it was.

When the last bench marking award came through I got my cheque and I saw this increase.

Dunphy:

How much was it for?

Ross:

I can’t remember, so I got this increase and I didn’t know what it was for so I rang up the Dept of Finance and I said ‘What’s this for, it was for another €200 or something I can’t remember and the guy said.

Oh, that’s your performance related pay.

And I said, but my performance has been worse in the Senate (great laughter from the panel). I have to admit to you in the last few months it’s been worse and I said, why did I get it?

He said that’s what’s been ordered for you and that’s what you get.

I said why and he didn’t know but he said you have to take performance related pay.

This is one of the ridiculous things about bench marking. They give out performance related pay, they set up these bogus, what they call performance verification groups, which rubber stamp these performance related payments for reasons for which we don’t know about and they give relativities for which we don’t understand

John Waters then cracked a joke about the senator’s work performance and everybody enjoyed a great laugh.

My comments:

Senator Ross is so insulated from the reality of Irish life that when one of his incomes is substantially increased he can’t remember by how much. The figure eventually comes to mind and we find the increase is equivalent to what many thousands of old age pensioners live on every week.

He freely admits that he is not entitled to the pay increase as his performance had actually dropped in recent months but gave no indication that he is going to give the money back, or perhaps give it to an old age pensioner.

The civil servant at the Dept. of Finance was so incompetent that he was unable to tell the senator the reason for the pay increase.

The senator also freely admits that the performance verification groups, apparently set up to actually police work performance, are bogus, and merely rubber stamp pay increases. (How close is this to fraud?)

Senator Ross’ tone of voice was one of astonishment at the situation but there was no trace of anger or any indication that he was going to act on the matter.

And the most depressing aspect of this little story? Senator Ross is one of our best, most diligent, most pro active, most socially aware of our politicians.

Unanswered questions

The following extracts are taken from RTEs This Week on Sunday March 25th 2007.

It is an important post because it records the questions asked by a Supreme Court judge, Justice Hardiman, arising from the disgraceful Frank Shortt case.

Mr. Shortt was framed by two policemen and at 59 years of age placed in jail where he served a full term. The policemen in question have never been brought to justice.

The case stands as a permanent indictment on Ireland as a two bit, backward refuge for the incompetent and corrupt for so long as the questions asked by the judge remain unanswered.

JUDGE

“THE WORST FAILURE OF THE JUSTICE AND LEGAL SYSTEM IN THE HISTORY OF THE STATE”

Unexplained and troubling aspects of this case

“He was driven into a state of despair and for a period endured a dark night of the soul. His premises were burnt down by the IRA. He suffered intense feelings of shame and powerlessness, aggravated by his school going children being pilloried as the children of a drug dealer.

When, having served a sentence and suffered all the other consequences he endeavoured to have his conviction declared a miscarriage of justice, he was opposed with further perjured evidence by members of An Garda Siochana, including a superintendent.”

Questions that remain unanswered

These include:

How it came about that Mr. Shortt was returned for trial on serious criminal charges at the suit of the DPP even though it was conceded in the Court of Criminal Appeal that there was then no sufficient case against him on the documents which had been produced.

How, despite this state of affairs Mr. Shortt was offered a semi deal whereby the bulk of the charges would be dropped if he pleaded guilty to a single charge with only minor consequences.

How no alarm bells were set ringing by the sudden transformation of a very weak case into a very strong one by new statements by two members of An Garda Siochana containing material which they had inexplicably said nothing about until shortly before a trial date was fixed.

How, while unjustly imprisoned Mr. Shortt was offered (a deal), including early release if he would drop his appeal.

How a very important allegation of an admission of perjury by one of the Gardai involved from a credible source apparently escaped the attention of senior Gardai and prosecuting authorities for a considerable time. They did nothing about it, but the DPP while unaware of this important evidence nonetheless consented to the conviction being quashed for reasons yet to emerge.

Shiela McMahon, wife of Detective Garda McMahon told the Court of Criminal Appeal. ‘He told me that he had perjured himself in court and that he had done it for Kevin Lennon to help him get promotion.’ She stoutly denied that she was saying it for the first time and maintained in the face of skepticism from counsel and the court that she had given the same information to the Carty inquiry.

The court and the parties to the miscarriage of justice application had been given what was represented to be all the relevant papers from this inquiry and there was no mention either direct or indirect of this very significant allegation being made by Mrs. McMahon. But she appeared absolutely certain in court that she had made this allegation to Carty.

The court specifically asked counsel for the respondent. ‘The question is now a very simple one, is there in any shape or form a signed or unsigned note of mention of perjury by Mr. McMahon?

Counsel for the DPP, who was fully alive to the importance of the matter replied. ‘Not in any material we have from the Carty inquiry.’

The court then asked, is there in any shape or form in any Garda document a note of this lady mentioning the term perjury or words to that effect? Counsel replied. ‘Certainly not that I have or that I am aware of.

Most unfortunately and embarrassingly it transpires that Counsel’s instructions were grossly deficient. Later in the day a separate memorandum of the interview with Mrs. McMahon was found and in the words of the counsel for the state it does mention what the witness said is correct.

(So, the truth was known, according to Justice Hardiman, yet nothing happened)

While the Court of Criminal Appeal found that neither the Garda authorities nor the DPP had deliberately concealed the memorandum the fact that it was forgotten about and never acted upon is gravely disturbing. It should be said that Mrs. McMahon gave the account set out above to the Gardai only two months before the DPP consented to Mr. Shortt’s conviction being quashed.

Nevertheless, counsel for the Director told the Court of Criminal Appeal that her account had not influenced the Directors decision because, though he had received the memorandum, he had not read it at the time he took the decision to consent to the conviction being quashed.

This in turn means that the Director had formed the view that the conviction was unsafe or unsatisfactory on grounds unrelated to the Detective Garda’s confession to perjury. The court has no idea what these grounds were. Apart from that, it is very surprising to say the least that so dramatic an allegation was not followed up. It must surely have been communicated to the very highest levels of An Garda Siochana but nothing was done about it.

The remarkable gravity of the case has now being recognized by all who dealt with it. The learned president described what had happened as ‘an outrageous abuse of power.’ Counsel for the state on the hearing of the appeal said that Mr. Shortt’s case was the worst case of state oppression of a citizen of which the state’s defendants were aware.

The consequences to Mr. Francis Shortt were appalling and cry out for vindication. Even apart from the outrageous damage to that unfortunate man there must be grave public concern at the Gardai conspiracy against an innocent man and the calculated, fluent and plausible perjury which the Gardai engaged in with total indifference to humanity or justice.

He lost all hope and was reduced to a state of despair and at times clinical depression. He was released as a tainted and ruined man with his premises burnt by terrorists reacting to his conviction. Over and above the foregoing but related to some of his sufferings he was stigmatized as a drug criminal who had been caught, he suffered total loss of reputation He was painfully aware that he had few or no friends and that his family were suffering for his supposed misdeeds. In a very literal sense he was deliberately and maliciously degraded.

(When in prison, someone attempted to con him)

Someone in authority, very cynically arranged that he be offered early release in return for an admission of guilt. He was painfully aware that he had few or no friends and that his family was suffering for his supposed misdeeds. Mr. Shortt was stigmatized, imprisoned, suffered the loss of his reputation his business and his ability to provide for his family.

In a very literal sense he was deliberately and maliciously degraded. The outrageousness of what was done, the very long period required to discover it, the failure of An Garda Siochana itself expressly to acknowledge and apologise for the misdeeds of its members render it absolutely necessary to make a substantial award of exemplary damages.

(For too long Garda evidence had been treated in court as virtually unchallengeable)

Like most lawyers of my generation I have not infrequently heard trial judges in cases where there was a conflict of evidence between Gardai and defence witnesses inviting the jury to consider what the Gardai would have to gain by lying thereby putting their careers on the line or some such phrase.

If this case and other like it teach anything it is that it does no favour to an institution like the Gardai to accord their members a special level of presumptive credence. On the contrary, this attitude offers a temptation to unscrupulous Gardai who may assume that most of the time the public, the media, judges and juries will accord credence to the Garda account even if it is in certain ways rather improbable.

This case plainly demonstrates that some Gardai will lie simply to benefit their own careers and lie again; even on oath to avoid the consequences of having told the first set of lies and so on.

It should also be noted that the two Gardai could not have succeeded in their ‘activities’ without, at least, the passive cooperation of many public servants, some at a very senior level.

'Memorandum of understanding'

The conflict between Quinn Direct and the Sunday Tribune has yet to be resolved, probably before a judge. The case has, however, revealed an interesting deal between the Gardai and the insurance company Axa Ireland.

According to the Minister for Justice, Michael McDowell the Gardai have a memorandum of understanding with Axa that gives the company a monopoly for towing away crashed vehicles.

It is likely, in our banana republic, that the terms and conditions attached to this ‘understanding’ between our police force and a private company are a state secret and so denied to ordinary citizens. Still, it would be nice to know.

For the record

This case is so serious it is appropriate to put details on the record

The Frank Shortt case as reported on RTEs Drivetime (1st item) 21st March 2007

Donegal accountant Frank Shortt tried convicted and jailed on the perjured evidence of two Gardai. The now 72 old was awarded damages of €4.6 million

The Chief Justice said Frank Shortt had been the victim of the disreputable conduct and the shocking abuse of power by two Gardai, Superintendent Kevin Lenihan and Detective Garda Noel McMahon.

The following is how Justice Hardiman described the case.

This is the most serious, tragic and alarming case. It has been before the courts now in one form or another for nearly fourteen years. The plaintiff appellant Mr. Francis Shortt was framed by Gardai on drug offences in 1995 and given a three year sentence. His life was almost totally ruined and he was reduced to a state of despair.

At that nadir of his fortunes he found the strength to reject an offer of early release on the condition that he dropped his appeal and thereby acknowledged his guilt. The court has heard no explanation of how, why and on whose authority this offer came to be made to him.

He lost his first appeal. After a long struggle conducted by dedicated legal advisors the prosecution quite suddenly and without any substantive explanation consented to his conviction being quashed in November 2000, some years after his release. After another interval of years in July 2002 he succeeded after a long hearing in having the conviction declared a miscarriage of justice.

His application for this declaration was opposed with perjured evidence by Gardai. The court is now concerned with the question of compensation for the plaintiff; the victim of what the authorities conceded on this appeal was the worst known example of oppression of a citizen by the State.

On the State apology to Mr. Shortt

This apology was tendered some 14 years after the start of the chain of events which led to Mr. Shortt being wrongfully convicted of drug offences on the basis of consciously false Gardai evidence. Eleven years after he was sentenced, five and a half years after his conviction was quashed by the consent of the Director of Public Prosecutions (DPP) and just under four years after the declaration by the court of criminal appeal that his conviction was a miscarriage of justice.

The apology was both belated and limited in the sense that no apology of any kind was offered until the surprise of the court at its absence was made clear the previous day. The apology is carefully drafted, does not refer to Mr. Shortt’s innocence and does not purport to be offered on behalf of An Garda Siochana. The plaintiff accepted it in words both dignified and pointed in the spirit in which it was offered.

Why substantial exemplary damages should be awarded.

I firmly believe that in the public interest a very substantial sum must be awarded under this heading in order to make an example of the wrongdoers here. The enormous power conferred on the Gardai, partly by law and partly by the often well deserved trust of the public make what happened in this case nothing less than an obscenity.

These Gardai were out of control. The whole affair graphically illustrates Mr. Justice Morris’ conclusion that the Gardai are losing their status as a disciplined force. What Gardai did to Mr. Shortt was so outrageous as almost to defy description but the Gardai force has yet to admit this.

The former Gardai Representative Association representative in Donegal told the Morris Inquiry, speaking of internal disciplinary procedures, ‘It is the nature of the Gardai, we don’t name the names, we don’t want to get anybody into trouble in the Garda Siochana internal matters. We try our best to make sure that we’re not going to be hanging our people.’

The outrageousness of what was done, the very long period required to discover it, the failure of An Garda Siochana itself expressly to acknowledge and apologise for the misdeeds of its members and the grave risk to society as a whole if Gardai behave as some of those involved in this case behaved render it absolutely necessary to make a substantial award of exemplary damages.

If there were no such award I firmly believe that the courts would be making themselves part of the problem rather than part of the solution. What happened to Mr. Shortt boggles the mind and almost defeats the imagination. A very significant award is necessary in order to make an example of the wrongdoers in a serious way in the public interest.

The corrupt policemen have never been charged