An innocent man (and family) punished because the state is breaking the law.
Date: 23rd October 2018
In the eyes of the law, a person is supposed to be deemed INNOCENT until proven/found GUILTY.
If you are accused of robbing a bank, breaking a window, committed defamation, or whatever... When you land in the court, you are permitted to state your case - be you justified for your alleged crime or actually innocent. You are allowed supposedly in law - backed by the Irish constitution and international human rights legislation - entitled to a hearing before judgement is then handed down.
Now, what is happening in the JobPath (LINK) racket is that non-legal qualified staff are not only accusing people of doing wrong - but sentencing them as "Guilty" BEFORE the people accused even get a chance to a fair hearing. In law as it's defined, "Fair Procedure".
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Simplified.
You are charged with doing something wrong. While someone you likely will never meet decides if you are guilty or not, the same person still slaps you with an unofficial guilty charge and punishes you - until they decided later if you are actually guilty (or not) by official verdict!
While you are waiting to have "fair procedure" applied - they find you guilty anyway - in the meanwhile. How is this breaking the Irish constitution and international law?
The states uses the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 Section 141A part 6 and Section 141B part 4‘ - to deprive people of finances BEFORE they gain a proper opportunity to defend themselves by fair procedures.
IIn the same act prior to the above section, the act does state in the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 Section 62A part 2 or part 5 of of Section 62A and Section 141A or at part 1 or part 3 of Section 62B and Section 141B that persons ARE ENTITLED to be heard. However, while they are waiting to be heard, the later section says they can be still punished - while waiting to be official heard if they are to be punished. Yes, you read that right.
UNREAL - UNCONSTITUTIONAL but this is accurate - look it up.
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Under the constitution everyone is entitled to fair procedures and a natural course of justice. In other words INNOCENT UNTIL PROVED GUILTY and a prior right to put you case. This is not only in the Irish constitution by in international human rights legislation Ireland is also signed up to. In other words, the Social Welfare acts are breaking the constitution and international law.
In towns around Ireland, what it boils down to is that people are being cut down of off completely from money - BEFORE they are even found officially guilty - or innocent - and the state has been doing this since at least 2005. The possible millions of Euro's they have illegal taken off people before the people have even got a hearing is rising in financial value, year by year.
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IT GETS BETTER (or worse!)
We tried to take a case today to the Dublin highcourts because Mr Gerry Tobin was stopped money due to he sticking to his legal right NOT to sign a PPP (Personal Progress Plan). In JobPath (a state setup expensive racket), this is a private company contract - something stated as in a previous case to a judge.
- 1. This right was CONFIRMED even by the Assistant Secretary of the Department of Social Protection, John Conlon, on the 8th of March, Dail Committee Room 2. It's on public record also.
- 2. The same right was confirmed on the 8th of May - same location - by Turas Nua, one of the private company JobPath operators.
- 3. This right was was confirmed in the Damien Fagan highcourt case that concluded in January 2018.
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STUFF ALL THAT!
Gerry Tobin was STILL punished for breaking NO laws and maintaining his TRIPLE legal confirmed rights. He attended ALL meetings. They refused to actually let him attend others that HE WANTED to. When he still couldn't sign away his rights, they then ILLEGAL cut him off completely - BEFORE any official case could be heard. TOTAL ILLEGAL.
We were looking for a judge to examine all this illegal actions and call for justice to be done before in two weeks, Jerry loses his home due to the state illegal financial starving him.
NOW - this case was not just about Gerry Tobin also - and we suspect the judge kopped this. Had he made a ruling that, yes, the S.W. Act was unconstitutional, EVERYONE since 2005 that has been punished BEFORE their case was even official heard, could be entitled to not only their money back - stolen from them - but able to prosecute those who have illegal deprived them.
The already law breaking JobPath racket would likely have to be halted in some of the ways its unlawfully attacking and robbing citizens and investigated further.
Starting to get the bigger picture? We are taking maybe thousands of case and MILLIONS of EURO pay back.
So the judge refused to heard the case despite an earlier court order that he should! You couldn't make this stuff up.
We are not resting. The legal fight peacefully continues. We are taking not one but TWO separate cases to the European Courts of Justice and the Courts of Human Rights over this whole racket that so far has cost the taxpayer €110 Million Euro for a success rate of less than 7% out of 100% - AND WE CAN PROVE ALL THIS TOO, JUST BY USING STATE REPORTS - not even our own two massive additional UnitedPeople investigation reports.
Elected is not telling you all this - and more.
For Gerry Tobin, an innocent man, he's going to lose the family home because the state is breaking the law.
THE NATIONAL SCANDAL THAT IS JOBPATH CONTINUES
IN YET ANOTHER HUMAN RIGHTS ABUSIVE FORM.
We, a Mr Damien Fagan and myself, can show by people reading the Social Welfare Act 2005/2010 that the act is breaking serious constitutional law and denying people a legal right to fair procedures. This law breaking has highly likely illegal robbed millions of euro off unemployed people.
As part of a case to keep one man in a home with his children and their mother, we wished to bring the case to the highcourt. We were there since 9am. When a clerk oddly refused to accept the legal official stamped court documents and evidence. This was the start of odd happenings in the day.
Off we all went immediately to highcourt two, to get a judge to order the filing office to accept the paperwork. They then had to. The cost €290. The man hadn't the full amount so I gave him €90. The judge in room two then ordered that the case be heard by the judge in court room six.
Again, more odd behavior. In room six, judge Noonan kept oddly pushing the case back all day. It was repeatedly called out and repeated delayed.
When we were the only ones left in the room at one stage in the afternoon, only then we thought he was willing to further look at case - but he wouldn't even do that.
The person we were representing gave us full legal authority to represent him. When this was attempted, judge Noonan refused to even further hear the case (having seen during his lunch break what the case was about? State law breaking.). Before we had a chance to do what others had done before us all day, the judge got up and walked out of the court. Even the clerks of the court looked shocked. The judge would not even hear that he was also breaking international human rights law as signed to by a previous Irish government. He just didn't want to know.
This was a case that was ordered to be heard by another judge earlier. Judge Noonan now stands accused of breaking another judges order and actually further making another constitutional crises to be addressed.
As we all stayed in court six to ask what the hell was going on and how could it be addressed, the usher of the court called in the Garda. We were respectful, polite and professional. I wopuld never operate in any less way.
Eventually the rest of the staff left and arrest looked on the cards. That would do a man trying to keep his home no good. So we went back to court two to the previous judge. He asked how we all got on - only to be very shocked to hear about his fellow judge. Room two judge then told us - again - to go back to room six to have our case addressed.
When we got there, judge Noonan was gone and the court room that should have been open for three more hours, was suddenly locked. Yep, we were locked out from seeking justice another judge had ruled we could seek.
We then all went to the supreme courts office to ask why were we denied ability to have a very serious urgent case heard. They didn't want to know when they heard the goings on by Judge Noonan. The already innocent victim that cannot get his case heard, is still out €290 as well. An extra kick in the guts when his family is already suffering due to the state and JobPath breaking Irish and international laws.
The state has ILLEGAL money robbed him and his family since last May. They now get NOTHING. Due to this, he's about to lose the family home.
We are not giving up. How can we! An innocent persecuted family and their home is at stake.
If they can do this crap now, what else will be added to more people including our kids, later on? The state corruption must end and not just in JobPath - AN ALREADY FUTURE INQUIRY IN THE MAKING RIGHT NOW.
The "Makensie Friend" court decision.
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In court yesterday before a judge walked out of a room from a constitutional case he was also ORDERED to hear, the judge tried to apply a Makensie Friend rule.
In plain English, this means that when a person takes a case to court, they have someone to assist them. The person assisting them sits beside them - possible feeding them papers etc - but is NOT allowed to speak.
HOWEVER - under current "Common Informer" legislation, a person can go into a court room and as a "Lay Litigant" with official permission gained from an injured party, may speak for the injured party.
In the case of Gerry Tobin (and family) - about to lose home because the state is unquestioningly breaking constitutional law - he had Damien Fagan and myself to speak for him.
We knew the laws that were being broken like the back of our hand. We had the evidence. We knew how to use the functioning (or dis-functioning?) court system is supposed to legally work.
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Let us be clear here.
1. WE WERE NOT ASSISTING Mr Tobin for he to present his case - so the Makensie Friend rule does NOT legal apply.
2. WE WERE PRESENTING HIS CASE FOR HIM - to the judge - under already much used Irish "common informer" legislation that has been used on a daily basis, by others for years/decades.
Why is this important? Mr Tobin - by his own admission - is not able to speak for himself in the court room. When it comes to the law and his ability to speak of it, he says he would be completely lost. Totally understandable.
If you see the weight of documents (and legal research to back it all up which also has to be given to the court in a heavy book of exhibits), you would understand why an average person is unable to speak for themselves and present a case.
So Damien Fagan and myself offer to do this - completely free - and entirely within Irish legislation and European Human rights laws - a right to have representation and a case thus presented on their behalf. This has been done for years by other lay litigants, many times - till yesterday under Judge Noonan.
Judge Noonan, yesterday, having walked out of a courtroom, refusing to hear a case that he was also ordered by another judge to hear, also didn't want to hear that he had just broken such laws. He just got up and walked out - while he was being politely spoken to.
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REAL LIFE SITUATION.
Now, imagine a person that is injured (physically or mentally not capable) lying in hospital and thus cannot speak for themselves in a court room, unable to present a legal case. They are entitled by current Irish and EU law (including the International Charter of Human Rights - article 21, 47 and 48) to have someone legal represent them in a court room to present their case.
Judge Noonan didn't give a crap about those laws either. As we also tried to explain politely that the injured party Gerry Tobin, was unable to present his own case, as is his legal right, we, as fully authorised lay litigants were doing so for him freely.
That didn't matter either to Judge Noonan. He still walked out. The Garda was called on us. Despite us minutes later receiving yet ANOTHER court instruction (from a different court) to AGAIN return to Judge Noonan's court room so the case should be heard - we all returned to find that the judge was gone. Court room empty and locked. Everyone vanished from a court that should have been operating for another three hours.
Gerry Tobin, not allowed representation, will now likely lose his home because the state is massive breaking constitutional law (through #JobPath) and because of a judge refusing to hear his case - that exposes MASSIVE state law breaking.
We suspect that, as we knew the laws well, as we had the clear evidence of serious laws being broken by the state - and certain people didn't want Jerry Tobin's case going forward - his case had to be stopped by any legal or illegal means.
Gerry Tobin is an innocent man - this can be proved easily - but he and his kids now will likely lose their home because of the actions that went on yesterday in the Dublin Highcourts.
This whole scandal cause yet again by JobPath - as we have repeatedly said, a law breaking racket that is RIGHT NOW, a future inquiry in the making today.
