Ann Marie Kelly
From: Ann Marie Kelly
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Sent: Wednesday, October 13, 2004 1:52 PM
Subject: Irish Constitution and the Last Resort
To whom it concerns,
As I promised in my manifesto for the June 2004 local elections, I have made every effort within the law to prevent the superdump development going ahead in Killconnell. We are told that everyone has equal access to justice under Irish and European Law. This is not true. My constitutional (and the communities) rights have been violated by the unconstitutional actions of the County Manager and Greenstar. Justice is only available to those that can afford it.
This was clear in the case of Killconnell Anti-Dump group when they found that it would cost them up to EURO 500,000 to challenge the decision of An Bord Planeala in the High Court. In my case, although the cost would be much lower, even the EURO 1,800 I need to first get a barrister's opinion is unfortunately beyond my reach. I had believed, perhaps foolishly, that the elected representatives would honour their election promise and fund my action on behalf of the communities that elected them. However, it is blatantly clear that election promises only last until the politicians are elected, then it is forgotten about. I have yet to receive a single donation from ANY of the politicians that promised to fund my challenge.
The development of the superdump at Killagh More, Kilconnell, is a breach of Article 28A of our written Constitution (Primary Law) and my rights to challenge this (all persons shall have equal access to justice) are denied because I cannot afford it. The right to justice is reserved for the rich and powerful. In order for the less well off to get justice they must act outside the law. This course of action is not desired by anybody, but more and more it seems that there is no alternative. Direct action should only be contemplated when all other avenues are closed, but I have exhausted every other avenue.
I intend to put my life on the line and physically stand in front of the bulldozers one morning and fight for my constitutional rights, and for the constitutional rights of the nation, if that's what it comes down to. I ask all the local communities to offer me passive support. I am now demanding that the State gets an EX PARTE injunction against Celtic Waste until the constitutionality of their (and others) actions are resolved through the courts.
For eight hundred years men and women fought so that we could have this constitution. Are we now going to stand idle and let that constitution be taken away from us? For eight hundred years men and women fought for our democracy. Are we now as a nation going to be dictated to?
Is mise le meas,
Ann Marie Kelly,
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