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|
Written Complaint to a Judge cost a man €17,500
 national |
rights, freedoms and repression |
other press
 Wednesday April 30, 2008 19:09 by Justin Morahan
Judge accepts the word of Two Other Judges in Making the Award
ONE-SIDED REPORT OF CASE INVOLVING JUDGE
Yesterday, 29 April, the report of a case for defamation in several national newspapers failed to cover in a fair manner much of what happened in Dublin Circuit Court on Monday but gave a one-sided account which favoured the Plaintiff (a Judge) and denied the Defendant fair reportage.
Journalist Ray Managh wrote a lopsided piece pubished in most morning newspapers in one form or another. In all cases the reports make no mention of the case for the Defence but recount at length much of tthe Presiding Judge's remarks and the Prosecution's case. This report tries to redress the balance in the interests of fair reportage. Any errors are regretted and are entirely the reponsibility of this author PERSONS INVOLVED
Presiding Judge: Matthew Deery, President of the Circuit Court
Plaintiff: Judge Patrick Brady, a District Court Judge
Witness for the Prosecution: Judge Michael White
Defendant: Kevin Tracey, representing himself (a lay litigant)
Witness for the Defence: Karen Tracey: wife of Kevin
Mentioned in the proceedings but not present in Court: High Court President Judge Joseph Finnegan, recipient of the letter of complaint, District Court President Miriam Malone who received the letter from Judge Finnegan for investigation.
BEFORE THE CASE WAS HEARD:
Kevin Tracey asked Judge Deery in order to avoid bias or the perception of bias, to have the matter taken out of the Circuit Court and transferred to the High Court with a jury, because the actions of another Circuit Court Judge, Michael White, would be central to the case.
Judge Matthew Deery refused this request. He commented that no juries could sit on defamation cases in the Circuit Court since 1971, and said the Plaintiff could take the case in whichever court he wished.
Again to avoid bias or the perception of bias, Kevin Tracey requested the President of the Circuit Court, Judge Matthew Deery, to step down (recuse himself) from hearing and adjudicating on the case in the Circuit Court. The actions of another Circuit Court Judge Michael White, would be central to the case. Judge Matthew Deery refused this request without explanation.
A request that the matter be struck out or dismissed as vexatious and frivolous.was also refused by Judge Deery.
(In the course of the trial, Kevin Tracey again asked the Judge to recuse himself on the grounds that he (Judge Deery) was making the Prosecution's arguments for them but the Judge again refused this application without giving reasons)
Judge Deery first refused Mr Tracey's requests in the "list court" where cases are assigned by the President in the morning to a panel of three judges. Participants are advised that all applications must be made in this court.
When the President later allocated the case to himself, before the case came to hearing, Mr Tracey repeated his applications in this court of hearing, before the same Judge, adding to his reasons for the applications this time that the presiding Judge himself, Judge Deery, had received a complaint from him ( Kevin Tracey) that was indirectly associated with the case, a complaint which Mr Tracey said was never replied to. Again to avoid bias or the perception of bias. This application was yet again refused by Judge Deery
THE PROSECUTION'S CASE:
A case in which Judge Michael White had been a defendant, and Kevin Tracey the plaintiff, had come before Judge Brady in the District Court about 4 years ago.The letter written by the Defendant to Judge Finnegan had to do with that case. In the letter, Mr Tracey had said that Judge Brady had allowed Judge Michael White, (known to him) to enter his room and remain there during the case. This letter was read out in court. The letter had also stated that when Mr Tracey mentioned the presence of Judge White in Judge Brady's room, Judge Brady had threatened him with contempt of court and called the Garda to remove him. He had referred in the letter to the Judge's behaviour as "appalling" and "disgraceful". Mr Tracey had eventually withdrawn the inference that Judge Brady might have discussed the case with Judge White but had refused to withdraw the allegation that Judge White had been in his room. (For fuller coverage see printed mainstream media accounts)
Judge Brady gave evidence that Judge White had not entered his room.
As prosecution witness, Judge White gave evidence that he had not entered Judge Brady's room
Neither Judge Joseph Finnegan nor Judge Miriam Malone, who were the recipients of the letter, appeared in court.
THE CASE FOR THE DEFENCE
Kevin Tracey pleaded that for defamation to occur there must be three ingredients, all of which must be present before a statement is deemed defamatory
1. it must be published,
2. it must refer to the complainant and
3. it must be false.
1 He denied that his letter had been published but said that it was covered under qualified privilege and was fair comment.
He reminded the Court that this was not a letter published in a newspaper but a private complaint to a person in authority, intended to be seen only by him, and, until now, seen by only two people, apart from the plaintiff.
He said that it was not defamatory to make a complaint to a person in order to seek redress.
He had made a complaint on this matter four years ago to the President of the High Court (at the time of the incident) without getting a result.
2. He accepted that his letter referred to Judge Brady.
3. He stated that the complaint was true.
Kevin Tracey gave sworn testimony that he had seen Judge White enter Judge Brady's room .
Karen Tracey gave sworn testimony that she had seen Judge White enter Judge Brady's room.
Several times, under intense cross-examination from Eoin McCullough, SC, she reiterated; "What I am saying is the truth. I saw Michael White going into Judge Brady's room".
JUDGE DEERY'S JUDGEMENT
Judge Deery had heard Kevin Tracey and Karen Tracey swear that they saw Judge Michael White enter Judge Brady's room and he had heard Judge Brady and Judge White swear that this did not happen.
Judge Deery accepted the word of the other two Judges and awarded damages of €17,500 and costs to Judge Brady against the lay litigant.
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Comments (82 of 82)
Jump To Comment: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82is at the Blog "Three little Dogs" threelittledogs.blogspot.com/
This is the system looking after itself - disgraceful and pure bias.
It does not seem he called the Judge a criminal, rather he made a legitimate complaint and instead of it being acted upon or investigated, he the citizen is arrainged before a non jury "trial" presided over by a Judge who dismissed the testimony of the man and his wife and believed his fellow friends on the bench. What says that about a system which should allow for the lodging of complaints, but instead hauls a man before the courts for having the temerity to complain about a Judge ?
Where be accountability and independent oversight? Not an extravagent demand, rather one would have thought a basic feature of a self proclaimed democracy.
17,500 euro, plus costs I suppose ! Woddy Gutherie comes to mind "..some rob you with a six-gun and some with a fountain pen.."
It does seem to indicate that it would be a bad idea to write any letters of complaint to anyone about anything doesn't it?
The way to defeat qualified privilege in a defamation case is to prove malice.
Judge Deery found that Kevin had acted with malice, but offered no explanation as to why or how this alleged malice was produced. Neither did either of the Judicial witnesses, whom Judge Deery referred to as 'Judge Brady' and 'Judge White' in his ruling. It's funny that malice is even a consideration, when Mr. Tracey was the person who initially took Judge White to the very court that the allegation of defamation later arose from. Interesting too is the fact that Mr. Tracey wrote numerous letters of complaint over the years and yet Judge Brady's pleanary summons and statement of grounds insists that the letter to the president of the High Court was the first such complaint since the matter initially arose in Judge Brady's Courtroom. Under cross examination, Judge Brady admitted that he'd heard that his name had 'been mentioned' in a letter of complaint, written to the president of the District Court, soon after the happenings in his Courtroom. Yet he was it seems, not too curious as to how he was mentioned in this letter. Judge Deery, when he referred to this letter on numerous occassions, pointed out that Mr. Tracey had not specified the nature of the complaint in this letter of complaint. Whilst this is true, the letter did specify an article written in a newspaper that went into great detail regarding the happenings in Judge Brady's Courtroom.
Regarding the letter that was judged defamatory on Monday: Both the President of the High Court and the President of the District Court treated this letter as a letter of complaint and the president of the District Court wrote to Mr. Tracey to tell him that his complaint was being investigated. That was the last of any investigation that Mr. Tracey heard of. Despite the fact that the president of the High Court viewed this letter as a letter of complaint, the president of the Circuit Court found it to be a letter of malice.
You've some hope of finding justice when your search for justice is labelled 'malice.'
This is disgraceful treatment of Kevin and Karen Tracey.
Judges should not be allowed to adjudicate in cases involving their colleagues.
What chance has a lay litigant against such a system?
I can't believe that this can be happening in my country
I am absolutely gob smacked with this case of the Tracey's. What can the Minister for Justice do about this ? If it was me I would immediately appeal it to the High Court. This type of treatment should not be tolerated by any citizen in a democracy.
This man and his wife have been seriously abused by the courts. They should immediately request an enquiry or tribunal from the Minister. This behaviour in our courts system should not be tolerated. The courts are supposed to protect us from such criminality.
Finding yourself hauled in front of a court for making a complaint against a judge and being fined 17,500 euros, seems like a latter day medevial form of the stocks ,for criticising the Monarch, in this case with the man and his wife's pictures splashed all over the papers.
Hanby Wallace Solicitors on their website write that "malice (in defamation) is notoriously difficult to prove". The judge in this case apparently had no problem in assinging malice to Mr Tracey and ruling in favour of his fellow judge, maybe Hanby Wallace should add the proviso "except where the claimaint (Plaintiff) is a judge". Shocking stuff for a democracy, even a pretend democracy, the veil is slipping, in this case the veil of "Mi Lud". Sounds more akin to the Lords and Ladys and the slaves and vassals of old, (back in your box) A black day for our hard won liberties.
Change the law, bring back jury trial for something like this.
Current issue of Phoenix p 8, has above heading re this story and gives some background. Some beaks seem to like to grind down individual citizens in "trials" which are the theatre of the absurd.
What interest did the Traceys have in saying that judge white, the defedant entered the rooms of judge brady only to tell the truth. This interference by white is putrid and deplorable and the court case that happened this week is even more putrid and deplorable.
Minister for justice where are you ?
Chief Justice where are you ?
The people of Ireland this family need your support
Maybe this individual might have kept the old saying that " he who represents himself has a fool for a client" in mind the next time he engages in a court room battle with trained professionals.
Why will no-one acknowledge the fact that, as we, reading this, have no idea what actually happened, we were not there, that this guy may have indeed written something defamatory about someone and when taken to task on it could not prove the assertions veracity?
I am not saying that is what happened, but it might have! Open minds people!
Ralph Warner in a most enlightening article "Every American a Lawyer" says:
"How often we heard the old saying that he who represents himself has a fool for a client
To that we say, 'He who is represented is usually taken for a fool.' "
http://www.caught.net/prose/everyam.htm
How could such a case proceed without a jury in the interest of justice and fairness where the judge judging the case was judging 2 of his colleagues (one his subordinate). This is not toleable or legal in a democratic justice system. This is a perversion of the course of justice.
It seems the only words in Mr Tracey's letter were "appalling" and "disgraceful" and he is sued for this to the tune of €17,500 and €10.000 costs. I honestly believe that this was a contrived illegal tactic with the sole purpose of defaming Mr Tracey.
This is a terrible abuse by the judiciary which I think the Traceys should request a full enquiry by the new Minister for Justice Mr Ahern.
If they take this matter into the High Court they must insist on a jury which is their right. Let the people decide the outcome and not biased judges as is clearly the case here.
It shocks me to think that a letter of complaint can cause so much harm when it was Mr Traceys right to get a reply which he never received.
Of course it is appalling and disgraceful for a judge to enter another judges chambers and especially when he is the defendant.
What is going on here? I feel there is more to this?
Having read the report by Justin Morahan I believe that Mr Tracey's words were not defamatory and in the circumstances the words should have been stronger and angrier. How can a judge get away with entering the room of another judge to influence a case.
A judge takes an Constitutional oath not to interfere when he is assigned a judge. The Tracey's have a case here.
This judge White should be disciplined. What about the cctv cameras which monitored his movements ? As for judge Brady it appears he has assisted his colleague judge White with malice.
I have met with Kevin and Karen Tracey and they have suffered untold abuse at the hands of this state.
As for this case they have been seriously abused by people in positions of trust. It is a fundamental right to be able to complain. Mr Tracey wrote several letters of complaint about the conduct of judge White and judge Brady on 6th September 2001 and was promised an investigation by the President of the District Court. This never happened. When he persisted to get a full reply this flawed case of defamation was landed on him. The only words in his letter were "appalling" and "disgraceful behaviour" which I believe are 100% true in the circumstances.
I also understand that on 15th October 2005 judge Patrick Brady acted in an appalling and disgraceful manner in the District Court where he threatened to hold a solicitor in contempt of court for asking him a question and when he called the garda he pointed his finger at the lady solicitor and said "remove this woman". Eight solicitors walked out of his court in protest. This surely indicates that his behaviour was "appalling" and "disgraceful". Full account of this behaviour is in the Sunday Independent of 16th October 2005.
It was the above Sunday Independent report that prompted Kevin and Karen Tracey to further seek a response to their many complaints and the said letter is the letter of complaint that caused judge Brady to take this defamation case, eventhough other letters of complaint were written by them over 4 years, which judge Brady was fully aware of.
The Tracey's have told the truth beyond doubt. The judiciary have stooped very low in this case against the Traceys and it is more than a disgrace. It is a botched job and attempt to further damage and rob Kevin and Karen Tracey.
My advice to the Tracey's is to hold tight and the truth will out. The general public are in support of them.
I call on the eight solicitors who walked out of court to make a protest to the president of the Law Society of Ireland, and to mount a challenge against Judge Patrick Brady and Judge White who have behaved in an appalling and disgraceful way against Kevin and Karen Tracey.
This is serious case of judicial abuse. There was never any case of defamation. This letter of complaint was protected under qualified privilege as there were several letters of complaint prior to 2005.
Barrister.
After reading this terrible story I believe that these three judges should be sacked immediately.
If the politicians appoint them then surely they can sack them.
I advise the Traceys not to pay a cent but to allow this scandal errupt as it should.
Does anybody know what (if anything) the Traceys plan to do about all of this?
Can anyone clarify if the Tracey's appeal to the HIgh Court are they entitled to a jury? I know if a defamation trial is heard in the High Court it is by jury, or that option is there to be used. But what about on appeal; barrister or anyone else ? Thanks, N S
A response to "Wondering"
The Tracey's have appealed this case to the High Court and at the moment are also considering a High Court Civil action to expose all the wrongs in this case.
This man and his wife have unprecendented stamina. I applaud them for standing up to the truth.
If it were me I would make complaints to the following:
1. The president of Ireland who had these judges sworn in when taking their oaths.
2. The Law Society to complain about the conduct of the solicitors acting for the judges, if any.
3. The Bar Council to complain about the conduct of barristers in the Circuit Court who knowingly allowed this fraudulent case proceed.
The Tracey's are to be admired.
Can anyone tell me of all the other abuses they have suffered please.
I am willing to help the Traceys.
I am disgusted with the goings on here and feel it a terrible human rights abuse to sue a man over a complaint where the words used were appalling and disgraceful.
If it was me I would have used more than these words to describe the abuse of power by these judges.
I will take the day off work to attend this High Court case. This family need our support. What is this country coming to. How can our politicians allow this sort of scullduggery happen.
These judges have made a serious mistake with this man and his wife. They did not know who they were taking on. These people will stick to the truth no matter what happens. I say well done to them.
The Traceys should summons the Chief Justice John L Murray to attend the High Court case.
No letter of complaint warrants this abuse by members of the judiciary.
Earwig
When I read this story I said to myself what has the courts system come to in suing this man over a complaint. I believe he had a right to pursue an answer to his complaint and the only way the judiciary felt fit to answer him was contrive a defamation case against him.
Mr and Mrs Tracey do not allow these judges and this system to bully you. I support you fully.
No doubt this was an exercise contrived by the judges to harm Mr and Mrs Tracey. I think from my understanding of this case it has done the opposite.
What interest did the Traceys have in saying the judge (defendant) had entered into the room of the judge hearing the case only to state there was interference by him (the defendant). I believe they were right and I admire them for exposing some of the dirty tricks that happen regularly in the courts, especially the district court.
Well done. We need more people like you. Please advise when the high court appeal is on.
If this circuit court judge (the defendant) was in the district court and he did not attend the hearing was he there just to pick his nose - I doubt it, he was interfering with the process.
This judge I believe was there to interfere as he had a solicitor representing him and he did not attend the court himself. Sounds very likely the Traceys are correct. I am not surprised with all the wrongdoing in this country.
Have just come across a 15 minute video on corruption in the legal profession (in Ireland) which can be viewed at:
http://video.google.com/videoplay?docid=-12753297378103...10413
I am getting very concerned about the wrongdoing of the courts.
Mr and Mrs Tracey have nothing to worry about as this letter was protected by qualified legal privilege.
This case should not have been prosecuted. No doubt it appears to me to be a personal attack on the Traceys. They will have no problem is getting solicitors to assist them with the appeal.
Solicitor with defamation experience.
What goes on down in that courts is stinking. How can anyone be sued for writing such a letter. There is a personal vendetta against this man and his wife.
Mr/Mrs Tracey should report all this corruption to the bodies regulating these individuals, then take their complaints to the government and thereafter to Europe. No person should be abused like this in a democracy with a constitution.
I don't believe there is any real regulation in place.
The judges are completely out of control and there is NOBODY to challenge them effectively (as far as I can see).
Sure, there may well be all sorts of "regulaters", ombudsmen, and so on, all over the place.
However, I believe all these State or Semi-State bodies are little more than cunning forms of "window-dressing" and "lightening conductors", and that for the most part they are completely bogus as far as promoting and sustaining "fair play" (i.e. genuine justice) is concerned.
It's a truly shocking situation -- but I'm convinced that's the way it is nonetheless.
We get what we vote for? -- it's an old Irish custom.
I was in a court room last March where Mr Tracey and his wife were present. Mr Tracey was charged under the Public Order Act, with abusive and insulting behaviour towards a number of Garda officers. A couple, according to the police, had to cross the road, such was their concern at Mr Tracey's behaviour. Despite three gardai being present at the site of this alleged abuse, only one was in court and gave "evidence" in the witness box. In addition the police officer, a detective, who had charged Mr Tracey was not present. Mr Tracey's wife later gave evidence that flatly contradicted the Garda's "evidence". Ms Tracey gave her evidence in a calm and dignified manner and it was patently obvious to me and others in the courtroom that she was telling the unvarnished truth. The "couple" who had to "cross the road" were not present. Within perhaps a minute of Ms Tracey's evidence the judge called time on the proceedings and dismissed the charges against Mr Tracey as having no foundation.
The same judge had earlier banned Mr Tracey from recording the proceedings through the medium of an official stenographer. These proceedings were held in a public court room, paid out of public funds and administered by public officials who are also paid from the public exchequer. Why would the judge, also a public official not want these proceedings "on the record" .
Why indeed ? Many disturbing questions.
Is this true. I can't believe that now I will not be able to make complaints without being sued.
I am shocked with this story. Something needs to be done.
I was also in court for a false charge against Mr Tracey and he destroyed the prosecution. There are people in high places organising charges against this innocent gentleman. It has got to stop.
This story is the last straw. The truth will out one day and this couple will do it.
This poor man wrote a letter of complaint about a judge (defendant) entering the rooms of another judge before a case. He got no reply. He wrote several letters of complaint, still with no reply. Then he further sends a final letter of complaint to the President of the High Court (in his request to get a reply) using the words appalling and disgraceful behaviour and he gets sued for €27500. This is a scandal. I think this man should be paid €27500 as a minimum by the two judges who arranged this case, given an apology and finally a reply he is due since 2001.
SCANDAL.....................................SCANDAL ....................................SCANDAL
Minister for Justice Dermot Ahern will you please address the issues affecting the innocent Tracey family
Concerned.
This story gets worse by the day and is seriously serious. My feelings are that this story is a lot worse than we know. From the responses here I can see that the Tracey's are victims of organised abuse. Why ?
I am familiar with what has been happenning to the Tracey's in recent years and the original story here, as well as Mr Smiths contribution above is only the tip of the ice berg.
It would be difficult for most people to comprehend what this man and his wife have been put through at the hands of let me call them senior agents of the state.
Senior Government Ministers are also aware of what has been happenning to Mr and Ms Tracey, very aware of these events, and some of these are now the same people appearing on the radio and TV with solemn countenances and tones of : trust me and just vote yes in this referendum, for the good of the country, if nothing else.
Trust them Great Patriots that they are! They know the rotting soul of corruption in this country and sing dumb, trust them ? Not one millimetre.
The Tracey story is one of the worse abuse stories in this country. It will be reported on in due course and on national tv. This particular story is just a small element of the malicious abuse they have suffered at the hands of this state.
This is an innocent man who helps other people who are not familiar with the courts in their struggles to get justice.
Concerned persons should put pen to paper via registered mail and remind Dermot Ahern of this outrageous situation even if only confined to the set up re the "letter of complaint ."
His Department and his predecessor B Lenihan are fully aware of what has been happening to Kevin and Karen Tracey and I agree with above poster they are going around now like a pack of po faced, solemn toned leaders of the country, proclaiming how grateful we should be for "Europe" . No accounts scrutiny in 13 yrs ! And a multi billion budget ! Phew
But back to Mr Tracey , a registered letter to let them know that others are aware of this situation.
Oppression thrives on isolation
"An Injury to one is the concern of all "
This is a prime example of corruption in the courts and a terrible abuse on this man and woman. The people behind this should be fully exposed.
There is no doubt in my mind that this was a complete set up organised by a judge of the circuit court (the Tracey's neighbour), his boss the president of the circuit court, another judge and the embedded media to defame the Traceys as they move to expose all the corruption in the legal system.
I applaud them for their brilliant work.
Contrary to the title of this article I do not think this will cost the Tracey family a cent and any attempt to do so will cause more exposure of corruption that clearly exists.
The perpetrators of this further injustice on the traceys should be brought to justice.
I am extremely worried that a person makes a complaint and gets sued for defamation for using the words "appalling" and "disgraceful behaviour" which in my view were very mild words in the circumstances of a judge interfering with a case.
This can not be allowed to happen.
There's no doubt at all in my mind that several judges badly need to be brought down off their high-horses in the very worst of a way.
But who can do it?
Like "Super Gangsters" of some kind, they are perversely using their uniquely protected positions as unelected (but trusted) "guardians of the law and the legal system" to bully and abuse some of the very people they are being paid to protect (out of tax payers contributions).
The normal mafia type criminals simply break the law, and hope to get away with it for as long as they can. The criminals in the judiciary though take serious crime a very big step further: they not only break the law, but they put themselves above it (and others beneath it) all at the same time: thus making genuine justice an absolute impossibility for some people at the present time.
Being a judge is (for many of them) just a "great big opportunity" to break the law with impunity.
No doubt their "downfall" day will come: but when? -- that is the million dollar question.
I am an employee of the Courts Service and I have seen several examples of bad treatment of Mr Tracey in the Four Courts.
I have to be honest and say that this man is a gentleman and it appears to me that he is telling the truth and trying to get the truth out but is being abused in doing so.
Having spoken to one of my colleagues about this case of defamation I am informed that this was not a defamation case at all as there was never a cause for defamation resulting from a letter of complaint from Mr Tracey. Mr Tracey is being abused by people in positions of power.
I am seriously becoming upset over the abuses I witness in the courts.
Will someone please let us know when the appeal is due to be heard. I wish to support this family and be present.
I have read this story by J Morahan and I think it is a case of sheer abuse on this man and woman. The stress inflicted on them for making a complaint is enormous. I would suggest that they proceed to sue this matter in the High Court and then expose it in Europe if justice is not delivered. How can anybody be sued for making a complaint with words like appalling and disgraceful. This is judicial abuse inflicted no doubt by their neighbour judge and the people responsible for this should be punished and not the Tracey family.
This is the most shoking story I have heard in a while and I am fully behind Mr Tracey. His was attempting to have his neighbour judge stop a rock band operating from their glass conservatory and when the case comes into court his neighbour judge enters the room of the judge hearing the case. Mr Tracey was right to complain to the judge when this happened and also to enter into writing letters of complaint regarding this behaviour. Then the judges link with a retired solicitor and 2 barristers to concoct a defamation case over a letter of complaint which was never replied to. This is not on. This case has to be exposed for what it is - a serious abuse of power by people in positions of trust.
As I read this story I say I feel ashamed to be Irish - there is so much corruption out there and this is one prime example.
We need more exposure of this case.
Why are the media not reporting on the truth? I know, because they are controlled by the courts.
The embeddded journalist Ray Managh is a puppet for the courts and does what he is told. How can he be let get away with a one sided story deliberately written to damage Mr Tracey. There were many witnesses to what went on in court.
Mr Tracey has the grounds for a definite libel case against the papers for what they published.
I know Mr Tracey and his wife and I know that Mr Tracey has the intelligence to beat these criminals.
I fully back them up in exposing corruption. They have a vast amount of support on their side including many legal people and bright lay people.
Mr Eddie Smiths' comment 39 above, illuminates some of the corruption endemic in elements of the Gardai. This coupled with the desire of the judge to have NO RECORD of these public proceedings points up something that is rotten at the core of the courts.
It is the courts that the citizen-taxpayer turns to in the event of injustice, when those same courts are dispensing this type of stuff, it is pretty grim to say the least ! Treason in my opinion.
Is it Putins' Russia or Zimbabwe that we are learning from? As someone else stated above, people who wish to help should be mailing registered letters to Dermot Ahern "the "line Minister" (in the corporate jargon of Brian Cowen) and Cowen himself, put them all in the picture, make them part of the record.
If all of this can happen to the Tracey family it can happen to any one of us, ON THE RECORD, ON THE RECORD, like a broken record, is the treatment this needs.
As we're so good at copying the Americans in some ways, and so willing to along with so many of their ways, why not bring video cameras into our courts?
That way our judges might have to "watch their step" a lot more carefully -- and not before time.
I am on a student exchange and am studying law in Dublin this summer. I heard about this story from a fellow student, it almost defies belief.
In relation to recording public trials, are my not correct in saying that under the Irish Constitution that justice is administered in public ?
How could any judge ban someone from using a stenographer in a PUBLIC courtroom during the hearing of a PUBLIC trial ?
This injustice and attack on this family can not be tolerated. This whole saga burdened on the Tracey family must be exposed.
This ciruit court case was nothing more than contrived corruption to damage the Tracey family. It can not be allowed.
March on the Dail and protest outside the homes of the perpetrators and four courts is my advice. Advise us of any protest and I will certainly be there.
Judicial abuse of the worst kind. This will not stand in the European Courts.
I wish the Tracey family well for their courage in exposing serious wrongdoing.
My advice to Mr Tracey is to sue the corrupt legal teams for their involvement in this corruption and abuse of the legal process. He will certainly win.
Having read the contents of this story I can as a retired solicitor that this is a fraud committed against the Traceys.
In a democracy one is entitled to complain as did this gentleman. If this can happen where does it leave the rest of us Irish citizens.
There have been many complaints about judge Matthew Deery in Donegal concerning his involvement in false insurance claims with solicitors and barristers, some of which are now politically appointed judges, including judge Michael White. It is no surprise to anyone who observed this over the years that judge Deery is now in the position he is to deny justice to Mr
Tracey and his wife, who no doubt have exposed the truth.
I say well done to the Traceys. I look forward to more exposure of these wigged criminals.
What a disgrace for the legal profession and the judiciary to attempt such a fraud on a gentleman. I understand that this family have been subjected to untold abuse and they 100% innocent.
Solicitor.
From reading this story it appears that the words used in the letter were disgusting and appalling. How can this cause a case for defamation? It defies belief. This appears to me to be a personal attack on this man. I am sure that there is a lot more behind this story. No citizen should be subjected to this enormous stress as obviously this man was for writing a letter of complaint.
A lot has been said about this shocking abuse by judges.
What -- if anything -- can be DONE about it though?
The judges are above the law (in practice), are they not?
That's not how it's supposed to be I know, but that's the way it is nevertheless - - thanks to all the corruption in the legal profession.
And who can change this awful situation?
Does anybody out there know?
"The Judicial Branch must be independent of other branches of government, but not independent of the nation itself."
"Having found from experience that impeachment is an impracticable thing, a mere scarecrow, [the Judiciary] consider themselves secure for life."
I would suggest that this man demand a jury in the Trial. Then these rogues will certainly not get away this corruption.
This case is the talk of our law school. I feel it incumbent on me to say that this gentleman has been severely abused and that members of the legal profession have stepped totally out of line to cause harm to him. I was reared to be an honest person (eventhough I have chosen the legal profession) and I admire the courage of this man and his wife to stand up for the truth. Their democratic rights have been violated and their right to freedom of expression. A letter of complaint can not be classed as defamatory.
This man should consider the defamation against him attached to the reporting of this "case" , which no doubt was also organised by the Courts.
In general I am disgusted.
There was never any cause of action in this case. This case was a stitch up. The letter of complaint was protected by qualified privilege.
Lawyer
I would agree with James (above at Jul 21, 2008 17:50) that a "trial by jury" is the best bet for the Tracey family -- and (in my view) their only hope probably, of they EVER getting justice.
However, I'm not a lawyer and I don't know if it's possible -- in the Republic of Ireland -- to demand a "jury trial" in such circumstances?
Even if it's legally in order (in theory) to demand a trial by jury for cases of this particular kind of case, it there not a strong possibility that the legal profession will "circle the wagons", behind the scenes of course, to protect their own? -- so that trial by jury would be made impossible (by the legal profession) in practice.
I'd be very interested to know the answers to these questions, if anybody can help.
"If the case is a criminal one, the judge will also explain to the jury that it must be satisfied of the guilt of the accused beyond reasonable doubt. Beyond reasonable doubt means that if there are two reasons given in the case and both are possible explanations for what happened, taken together with the evidence presented, the jury should give the accused the benefit of the doubt."
"If the case is a civil one, the judge will explain to the jury that it must be satisfied of its verdict on the balance of probabilities."
The above 2 pieces of text (numbered "9" and "10" at the http://www.citizensinformation.ie/categories/justice/Co...iew=1 Government web site) suggest that the Tracey family could sensibly request "A Jury Trial" - assuming they might be considering one that is.
The "circling of the wagons" problem (behind the scenes, and behind closed doors), which the legal profession might use -- or abuse I should say maybe -- for the purpose of protecting their own, is another matter of course.
Just came across this case -very disturbing. This is where a free press is essential to a democracy.
Journalists - DO YOUR JOB!
Thanks for the info Brendan. This case was held with no jury. Mr Tracey requested a jury to be empannelled and also requested that it be transferred to the High Court where a jury is mandatory. Both requests were refused by the "trial" judge Deery. None of this of course appeared the following day in the newspapers.
When the "trial" was over the cameramen scrambled, as if on cue, to the gates of the four courts. Mr Tracey and his wife had come down from the first floor where the case was "heard" and were assailed by the cameramen, eager to get faces for this important story. The embedded court journalist Ray Managh had no conversation with Kevin or his wife and conversed only with the other side. He was also appeared patently, to the observers present, on very friendly terms with the judge.
Ben hit the button too, this needs exposure by some straight and serioius journalists. Also check Eddie Smiths piece on this thread, comment 39.
My question on the top is posed because there is contradictory information in legal textsbooks on this issue.
Some weeks prior to this "defamation" trial the embedded journalist Ray Managh stopped Mr Tracey who was accompanied in the Four Courts and asked Mr Tracey when would he be ready to give him details about all the malice inflicted on him over 8 years. Managh said he wanted to write on this. Having established that Mr Tracey has himself one of the most serious cases of defamation he worked with his colleagues including Brian Barron to frame this man. This is orchestrated deceit of the worst kind. I am sure that Mr Tracey wil succeed in getting these bad bastards and deservedly so.
This injustice to the Tracey's is the talk of the Four Courts. Michael White has taken his revenge on this man too far and has implicated a lot of not so bad individuals who are now feeling sorry they got involved. We need full media exposure of this story and all the wrongs done against a decent man and his wife. This story is extremely upsetting to me.
The solicitor who prosecuted this case against Mr Tracey and the barristers who ran the case on behalf of the judge should be shamed. They knew what they were doing was corrupt and a grave injustice to the Tracey family.
This story in my view seriously damages the integrity of the legal system and the goings on in the Four Courts. The likes of solicitors Michael Lynn and James Byrne can get away scot free with stealing Millions and a man writes a letter of complaint and is sued for €17500 by a judge accused of having another judge in his chambers during a court case. The trial judge Deery is the boss of the judge waiting in the judges chambers - come on.
Chief Justice John Murray and Minister for Justice you have to resolve this abuse of the legal system.