THE RULE OF LAW

GOVERNMENT, LEGISLATURE AND JUDICIARY ARE CITIZENS AND SUBJECT TO AND ANSWERABLE TO THE CONSTITUTION AND THE LAW

The late Professor John Maurice Kelly, SC, Fine Gael Government Minister and Attorney-General was a very remarkable man, who died much too young for the good of his family, his many friends, his students, his country, the Constitution of Ireland and the Law. I had the inestimable and great privilege of being taught Jurisprudence, Constitutional Law and Roman Law by Professor Kelly in my student days at the Faculty of Law of University College Dublin, a constituent College of the National University of Ireland (to give it its correct appellation, designation and title, NOT the Peter Sutherland School of Law), Professor Kelly was the author of what are still the two leading text books on the Constitution of Ireland and on Fundamental and Personal Rights under the Constitution of Ireland. He taught me that the most important source of Law was Divine Law, specifically the Ten Commandments God gave to Moses on Mount Sinai. Professor Kelly was a most effective, eloquent and insightful debater and speaker on all occasions, but especially in Parliament. He had a well-founded and supreme dislike, disregard and contempt for terrorists of every hue, shape and colour. More than anything else, Professor Kelly believed that they had no role of any kind to play in the lawful, legal, and constitutional government of a democracy, in the lawful life and legislature of Irish society, least of all in the Parliament of Ireland.    Professor Kelly was a devout Christian and believed most firmly and profoundly in the Right to Life of every human being, of every boy and girl, from the moment of their conception in their mother’s womb by the Holy Spirit until that Time when the Most Holy Trinity, God the Father, His Son, Our Lord Jesus Christ and the Holy Spirit decided to call that boy or that girl home to Them to spend all Eternity in company with them in Heaven. In practical, day to day terms, this meant that Professor Kelly abhorred abortion, opposed abortionists and terrorists of every kind, and believed profoundly in the vindication of the Constitution of Ireland and the Rule of Law, that is to say the enforcement and implementation of each and every Law of Ireland, whether Statute or Judge-made, whether domestic, municipal or international in their origin. It followed from that set of belief that Professor Kelly believed that everybody must be held to be equal before the Law and that everybody, without any exception whatever, including the Civic Guards, Members of the Government, Members of Parliament and, most importantly perhaps, the Director of Public Prosecutions and the Members of the Judiciary were all subject to, and answerable to the Law and liable to be prosecuted, in conformity with constitutional due process, before the Courts of Criminal Justice, in accordance with the Rule of Law and, if found guilty, to be punished or sanctioned as provided for in and by Law. Of course, for that principle to function, for Constitutional and Legal Justice to apply then all must be held equal before the Law, the Law, especially the Criminal Law must be applied equally, without fear or favour to everyone. It is obvious, clear and obvious, as I shall show that such is NOT the case, that such is very far from being the case. Constitutionally and legally-peaking, contemporary modern Ireland and contemporary modern Irish society resembles George Orwell’s “Animal Farm” far too closely for comfort. Just as in Orwell’s classic allegory all the animals in Ireland are equal, but some are more equal than others. Worse, Ireland is populated by a whole parasitical class of Napoleons, unbearably rude banker-pigs who, having bankrupted the Nation through their stupidity, incompetence and arrogance, have escaped the proper rigors and sanctions which can only be found and obtained through prosecution by the Director of Public Prosecution before the Criminal Courts of Justice as provided for under the provisions of the Constitution of Ireland and Irish Criminal Law. Ordinary Irish people are still paying, and paying hugely, for this scandal and outrage more than ten years after the collapse of what is all too kindly and euphemistically referred to as the Celtic Tiger. In the case of the Anglo-Irish Bank, the Garda Fraud Squad delayed its investigation for years because allegedly they could not decipher the code on the Bank’s computer system, something which any child would succeed in doing in less than ten minutes. When the Director of Public Prosecutions and the Director of Corporate Enforcement finally appeared before the Circuit Court, their work took on all the appearance and characteristics of Gilbert and Sullivan’s “Trial by Jury”, the learned Trial Judge acquitted the Chairman of the Bank on all counts and thanked him “for his services to the Nation” while finding his subordinates guilty as charged, convicting them of fraud and sentencing them to prison. You couldn’t make it up, or could you? Meanwhile, the other two great banks in the story, Bank of Ireland and Allied Irish Banks were at it again. Not content with forcing the hard-pressed Irish tax-payers to pay their massive debts for them, they took to theft, grand larceny, fraud and false accounting again as if to the manner born, causing the greatest possible financial distress, worry and anxiety to their loyal customers and clients, by deliberately and most dishonestly charging mortgage-holders the wrong repayments and interests in what is politely known as the Tracker-mortgage scandal. When eventually, the banks concerned were found out, they deliberately made it as hard as possible and delayed as long as possible, before repaying what they owed to the people they had defrauded and when they eventually did so, they only repaid the money which they had stolen in dribs and drabs and, in a great many cases have yet to repay their customers anything at all. Despite the rubbish written in the Media and the Uriah Heap opinions expressed by the Government, especially by Minister for Finance Paschal and the officials of the German-dominated Irish Central Bank, the Boards and officials of all the banks concerned, who are now seeking to reintroduce the dangerously perverse and toxic “bonus culture” should have been arrested and investigated by the Civic guards, files should have been prepared for the Director of Public Prosecutions and all concerned from top to bottom in both banks should have been prosecuted before the Criminal Courts of Justice. It is conservatively estimated that Ireland and the people of Ireland lost some 600 billion euros or more as a result of the conduct of Bertie and his Government, the Irish banks and financial institutions, the Commission and the European Central Bank (including notably its then President Frenchman Jean Claude ). This represents one of the biggest robberies or bank-heists in the history of Western capitalism. The victims were ordinary Irish workers and their families, many of whom lost their homes, their work and were forced to emigrate along with their families. He World and his wife, and in particular the Civic Guards, know who was responsible, yet nobody has ever been arrested, investigated and prosecuted. There is still time in which to do so because where the Criminal Law is concerned, Time does not run against the State. He so-called Banking Inquiry proved nothing and served no purpose other than to show that the Dark Art and Crime of Perjury was alive and well and thriving amongst those who gave evidence during that Whitewash. In the impeachment hearing against Bill Clinton, Republican Congressman Edward Hyde asked why he should expect his small boy to tell the truth, if the President of the United States would not. It was a good question and it still is. The whole sorry saga of the illegal, unlawful and unconstitutional abortion referendum and subsequent legislation shows that an awful lot of people, not just in Government and Parliament but also, more gravely and more seriously, among the Judiciary, among the Judges of the High Court and the Judges of the Supreme Court were not applying the Constitution of Ireland, the Eighth Amendment to the Constitution of Ireland and the Criminal Law of Ireland by telling the Truth and applying the Law correctly where abortion was concerned as it had existed from Time Immemorial, since at least the coronation of King Richard Lion Heart in the year 1315. In so doing, the Judges were dishonoring and reneging upon the sacred Oath of Office which they had sworn before God upon taking up and assuming Judicial Office. At the end of the day, it may be wasteful to spend 1.5 million euros of public money on a photo-copier. It is certainly unethical and inappropriate for a Blue-Shirt Member of parliament from Cork falsely to claim large parliamentary expenses for attending Parliament in Dublin when in reality he is moonlighting on a huge salary for the Bulgarian commissioner in Brussels. However, these are trifling matters which will give rise to interesting points of parliamentary procedure and, failing that, a criminal prosecution as happened in the notorious case of a mobile phone bill. It is said that the Law does not concern itself with small or insignificant matters, not in a sense, in a free society should it, but the life of an unborn child in its mother’s womb is most definitely neither a small nor an insignificant concern  and the Courts and other agents of the Law must be very proactive in protecting and safeguarding the life of an unborn child in his or her mother’s from the moment of that child’s conception by the Holy Spirit until the safe and appropriate moment arrives for that child to be born, to enter the World and to see the bright light of God’s Day .