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Freeman Megamerge

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Comments

  • Registered Users Posts: 7,694 ✭✭✭Patser


    Does this count, when a driver is claiming Earl John's Charter of 1192 and Magna Carta Hiberniae of 1216, for why he didn't pay M50 tolls last year



    Judge surprisingly didn't agree



  • Registered Users Posts: 39,670 ✭✭✭✭ohnonotgmail


    I reckon the three weeks he spent in custody is a much worse punishment than anything he would have got for driving without insurance. Not sure I would paint it as a win.



  • Registered Users Posts: 25,430 ✭✭✭✭Peregrinus




  • Registered Users Posts: 39,670 ✭✭✭✭ohnonotgmail


    Not sure this is quite freeman stuff but it is close enough

    Stephen Delaney, of Fatima Place, Kilkenny City, Kilkenny, came to court and contested the civil case against him today, concerning seven unpaid journeys on the motorway.

    He argued that Transport Infrastructure Ireland (TII), the State agency dealing with road and public transport infrastructure, did not have the authority to enforce tolls.

    Delaney, representing himself, referred to Earl John’s Charter to Dublin from 1192, exempting everyone under his dominion from tolls.

    He submitted that the Magna Carta Hiberniae of 1216 carried that over to all the King’s heirs, and those rights were continued in the Irish Free State constitution and later Bunreacht na hÉireann.

    Thomas Rice BL, for TII, counter-argued that Bunreacht na hEireann prevented pre-independence legislation from scrutinising current laws. He also asked the court to note that tolls had been part of Ireland’s history prior to independence.

    Judge Anthony Halpin rejected Delaney’s submissions and said his “esoteric” arguments did not trump the State’s constitution.

    He ordered him to pay the charges, which ratcheted up to €1077, plus TII’s legal costs.



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  • Registered Users Posts: 93 ✭✭CrazyEric


    On the contrary, I did right up to the end..... where the update says the case has now been dropped but may be reopened if "new evidence" is found.


    "There is not enough evidence to provide a realistic prospect of conviction. It is anticipated further evidence may become available in the near future, as a result of which, the prosecution may well start again," a senior Crown prosecutor said in a letter read by judge, Timothy Mousley, at the Isle of Wight Crown Court today (Friday). "


    The cheeky barsteward got away with it. This is why I said, tongue firmly in cheek, I will never have to pay for anything again.



  • Registered Users Posts: 93 ✭✭CrazyEric


    He was only in Custody Tuesday to Friday when he was released from jail, the case has since been dropped. No idea how he got away with it, looked open and shut to me.



  • Registered Users Posts: 39,670 ✭✭✭✭ohnonotgmail


    I was going by the article. Still 3 days locked up is no win either.

    Judge Callaway sent him into custody for three weeks and he must then re-appear for sentencing. 



  • Registered Users Posts: 25,430 ✭✭✭✭Peregrinus


    The case was dropped, not because "the courts are afraid of the Freemen" but because the prosecutor recognised that he didn't have evidence to secure a conviction.

    What this means is that some of what the court was told by counsel at the initial hearing couldn't actually be backed up by evidence from witnesses.

    It's only open and shut if you assume that what the court was told had happened could in fact by proven by evidence. Apparently, some of it couldn't.



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  • Registered Users Posts: 32,047 ✭✭✭✭Hotblack Desiato
    Golgafrinchan 'B' Ark


    Hope he rots.

    Bring back the :pac:



  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,540 Mod ✭✭✭✭Robbo


    And they keep popping up. In a judgment published today, Ben Gilroy and his "private settlement trust" get a mention, along with his unique attempts to negotiate a settlement.

    Utterly standard stuff for these types of characters and it gives a bit of an insight into the financial workings of the supposed trust and what happens to tenants who find themselves unwillingly in the middle of all this nonsense. The receivers took possession of a house in October 2018 and then...

    An inspection in February 2019 revealed that the house had been re-occupied. The receiver, through newly appointed property managers, engaged with the new tenants, one of whom was the mother of a young child. The tenants advised that they had a one year fixedterm lease from the first defendant for which they had paid the sum of €4,000 in respect of a deposit and the first month’s rent. A tenancy agreement is exhibited which is signed by the first defendant and dated 10 February 2019. These tenants attempted to co-operate with the plaintiff as receiver and paid the rent directly to the plaintiff’s agents. However, they then became the subject of a sustained campaign of harassment and intimidation which appears to have been conducted at the behest of the first defendant. Significantly, the averments of the plaintiff and two of his property managers who dealt with these events have not been denied by the first defendant in his replying affidavit.  


    The tenants variously informed either the plaintiff or his property managers that they were advised by someone known to them as “Declan” who was apparently acting on behalf of the first defendant that their lease with the first defendant was terminated for breach of its terms and that they would be evicted. Declan subsequently attended at the premises unannounced in the company of another man and attempted to gain access. The first defendant called to the workplace of one of the tenants. There appears to have been a number of text messages, telephone calls and visits to the property by Declan and others. Very concerningly, Declan appears to have made a death threat to the property manager through the tenants, threatening to shoot him in the head if he went near the house. Notwithstanding the ongoing harassment and threats, the Gardaí to whom complaints were made refused to become involved on the basis that this was a civil matter. The tenants left the property in mid-August as they were genuinely afraid for their safety and that of the young child and could no longer deal with the stress arising from these events.  

    Enter Ben and a mysterious "Declan"...

    At this point the defendants purported to transfer the house into a supposed private settlement trust operated by an individual who is well known to the courts. This individual, Ben Gilroy, wrote directly to PODAC on 20 August 2019. Leaving aside the various pseudolegal claims made regarding the receiver’s position and alleged breaches of the General Data Protection Regulation, the general thrust of this correspondence was that the defendants wished to redeem their mortgage, had secured the backing of an investor in order to do so and that Mr. Gilroy wished to enter into settlement talks with PODAC on the defendants’ behalf.  

    [...]

    Separately, it seems that almost immediately following the departure of the second tenants, a third tenant was installed in the house by the defendant. A newly appointed security and property company attended the house on behalf of the plaintiff and spoke with the tenant who again advised that he had paid a sum of €4,000 for the lease and was dealing with a man called Declan. At various times both Declan and Mr. Gilroy advised the personnel of this security company that they had met or spoken with the plaintiff. 

    [...]

    The first defendant avers that he involved the private settlement trust out of frustration and that the trust installed the third tenant. Apparently, the defendants were paying half of the rental income from the property to the trust until a court order was made that the rent should be paid into an escrow account

    End result, an injunction was granted for possession of the property and restraining Ben's client from interfering with it. Who knows what sum of rental income was diverted to the trust but it was noted that there was no reasonable prospect of the mortgage being redeemed as per Ben's suggestion.



  • Registered Users Posts: 7,629 ✭✭✭whippet


    That was a very interesting read - covers everything from how people get sucked in to partnering up with certain people - in a desperate hope to maintain the status quo while not having to cover your losses. And how years can go by with no real repercussions



  • Registered Users Posts: 12,671 ✭✭✭✭Losty Dublin




  • Registered Users Posts: 8,140 ✭✭✭blackwhite


    https://www.independent.ie/irish-news/courts/the-farmer-the-construction-millionaire-and-a-remarkable-golden-vale-land-dispute/a1940541149.html

    String sniff of some of the arguments reported time and again on this thread about to rear their heads when this comes to court



  • Registered Users Posts: 32,047 ✭✭✭✭Hotblack Desiato
    Golgafrinchan 'B' Ark


    Declan appears to have made a death threat to the property manager through the tenants, threatening to shoot him in the head if he went near the house. Notwithstanding the ongoing harassment and threats, the Gardaí to whom complaints were made refused to become involved on the basis that this was a civil matter. The tenants left the property in mid-August as they were genuinely afraid for their safety and that of the young child and could no longer deal with the stress arising from these events.

    Disgraceful. Do the Gardai need to be reminded that harrassment and death threats are in fact criminal matters?

    Bring back the :pac:



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