A Thaoisigh, a chara
I read the Guerin report with interest, noting the same sequence as
here; repeated complaints to the proper authorities by whistle blowers
being stonewalled, followed by incessant letters to the Taoiseach
finally bringing results. However, it is appropriate for me to say
that I do not ask you, nor have I ever asked any government official,
to bring influence to bear in my unfair dismissal case. That is still
being appealed.
I would, however, ask you to consider whether it is a good precedent
that DCU was allowed have an illegal disciplinary statute on its books
for a decade. This is particularly the case given the documented
illegal employment contracts issued by DCU post 1995, and its
compromised accreditation. Minister Quinn has been given documentation
of all of this. It is also worth noting that, post accreditation,
O'Hare made no attempt to appoint qualified people to key positions;
the “secretary” (chief admin) of DCU came from the local tech, and did
not have even a H.Dip; the head of HR was a lowly admin assistant. I
ask you to consider, in view of the many billions and the credibility
invested in DCU, whether this was in the interests of Ireland.
Nevertheless, it all pales into insignificance in the context of this
question, if a state body like DCU could use an illegal statute to
force citizens to come to meetings (as it did, sacking them when they
refuse to “arrange' those meetings), what is the status of any law or
other compulsion issuing from the Irish state? In short, is the claim
of Rialtas na hEireann on the Irish people no more valid than that of
the Real IRA and its political wing?
There is a growing perception among the Irish people that successive
governments are part of the same system and do not have the interests
of the Irish people at heart, instead serving a neoliberal elite.
While I leave this question open, after publishing two books
(2012-2013) exploring it, I do wonder at the rampant criminality you
have allowed at DCU. In particular, the practises at DCU made a
mockery of industrial relations itself, let alone social partnership.
Let me explain, though this is not my job, and the state should have
appointed a visitor to DCU (as the 1997 act demands) and suspended
governing authority there long ago.. There are of course illegal
contracts at DCU; there was no valid accreditation; there was an
illegal disciplinary procedure in place 2001-2011 which was replaced
by another illegal disciplinary procedure in 2011, inaccessible to the
public who paid for it on the website, and guaranteed to ensure more
litigation. The goal was always direct control of a state institution
through an executive allowed to act outside the law, and without
reference to the government. In pursuit of this end, summary dismissal
was introduced. None of this has been resolved; that is your job.
What I do have a right to do is seek a remedy for the numerous illegal
actions visited on my partner Melanie O'Reilly and myself with state
connivance. Please do not claim statute of limitations for the illegal
dealings of such as CBM “Ltd,” DCU, Record services “Ltd” – our
complaints were made in time and then delayed in the Irish state
bureaucracy.
In her case, that remedy should be a sizable cash sum as the Irish
authorities failed her and she had to take a case in 2 foreign
countries, both of which cases we paid for from our tiny resources. Of
course, we won; however collecting the money is another matter, and
the Irish state should help her and other musicians do this. It should
also compensate her and them for the refusal to act against dissolved
companies, despite many complaints in writing, and the aborted
prosecution.
Let us note that Melanie and myself have brought huge credit to
Ireland in many countries through our work and could bring much more
with state help or even neutrality as distinct from the opposition we
have felt. I most recently ran this conference (
http://foundationsofmind.org/)
mar 2014) at UC Berkeley, the premier public university in the world.
As I mentioned many times, we can resurrect my language engineering
degree to fill 1,000 job vacancies in Ireland at tiny state cost.
Melanie is world-famous as a Celtic jazz diva; you, the Taoiseach have
her latest CD and are in a position to know what she could do for the
image of Ireland abroad. Happily, aer lingus will have her “Jazz on
the Bay” program on transatlantic flights from June 1.
My own case is rather different, as I was a civil servant. I ask only
for a remedy for the many flagrantly illegal activities of DCU and
other state authorities and will proceed to the circuit court for the
unfair dismissal case if we get a court date; otherwise I will go to
the ECHR. I note they state;
““ARTICLE 13
Right to an effective remedy
Everyone whose rights and freedoms as set forth in this Convention are
violated shall have an effective remedy before a national authority
notwithstanding that the violation has been committed by persons
acting in an official capacity”
In the first place, I prepared a High court summons, only to hear from
the Tanaiste's office (042039TAN) that this conflicted with the unfair
dismissal case. As it turns out, that was incorrect; yet partly as a
result my unfair dismissal case case was held up for 12 years to date.
Secondly, in 2005, I wrote a letter to then minister for labor Killeen
showing that DCU's Smeaton, Pratt, Walsh and Conry had committed fraud
at the LRC. This is apart from their illegal disciplinary procedure,
thrown out at great expense at the supreme court. I got an
acknowledgment; no action. This is apart from my own complaint to
Whitehall Gardai at the end of 2001 (Det McCarrick I think) which
never got acted on even after a dail question in 2002.
Thirdly, I never got any of my personal possessions back from DCU
despite representations both from me and SIPTU. It included valuable
software suites written outside DCU that they had guaranteed in 2002
to return as my “personal effects”. They never did so, and members of
their staff used them to get personal advantage in my absence.
I shall therefore instruct my lawyer to prepare a case for the ECHR,
in the absence of a circuit court date, noting;
“3. Freedom to exercise the right of application
13.
The right to apply to the Court is absolute and admits of no hindrance. “
and
“14.
The domestic authorities must refrain from putting any form of
pressure on applicants to withdraw or modify their complaints. “
In particular, I note “The majority of Convention violations that the
Court finds today are excessive delays, in violation of the
"reasonable time" requirement, in civil and criminal proceedings
before national courts “. My DCU case has now taken 12 years and has
yet to see a real court. Melanie was not allowed criminal proceedings
against those who destroyed her career.
It is also worth pointing out that one of the allegations against me
by DCU was due to my whistle blowing on the failure rate in the 1999
computing degree intake at DCU. 305 started in first year in 1999;
only 91 made it though their exams in summer 2001. When I pointed out
in public that over 50% of the class had failed (it was actually more
like 70% ) I was told this clashed with the HEA figures. At the EAT,
Prondzynski admitted that he had faked the HEA figures. He also
admitted that the charges against me of hiding consultancies were
without foundation as I had met him, by his own account, in Jan 2001
and revealed all my activities, leaving him a CD and video.
As for the final, vexatious allegation – that of not being on campus –
the computing year 4 class rep gave sworn evidence at the EAT in 2009
that I was there. Not only that; my students won the prize for best
project that year with a software idea of mine, suggesting perhaps
that maybe my work pattern is to be emulated. That is particularly the
case as we had an NDA with Stanford, also lodged with the president of
DCU. Incidentally, the same computing year 4 class rep was bullied
egregiously by then had of computing, Joe Morris; Prondzynski giot the
complaint and refused to act.
Of course, there is money for Arthur cox law firm in continuing to
appeal. So what the state is countenancing is a public service in
which the mere fact of being accused of something, even using a
procedure that is illegal, guarantees summary dismissal with neither
right of reply to allegations that turned out to be both false and
absurd nor return of personal effects. A Czech called Kafka wrote a
book about that; as it happens, the Irish are less compliant than
Joesph K was
Is mise, le meas
Dr. Ó Nualláin
PS (DCU has just undertaken, after 12 years, to return the physical possessions that they stole from me. It turns out they had held them in "6 large boxes". This took an intervention from the govt and I am grateful
14 Aug/ Lunasa
