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COMMON LAW JURISDICTION AND A DAY OF RECKONING

Monday, September 15, 2014 11:44

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http://awakenlongford.wordpress.com/2014/09/11/common-law-jurisdiction-and-a-day-of-reckoning/

September 11, 2014 · by nacainte ·

Ireland is a Common Law Jurisdiction or so we are told, but if you were to ask any Irish person who has had the misfortune to get into arrears on a home mortgage and has been dragged through the Irish Courts without exception they would relate a tale of woe which is far removed from the level of treatment one would expect from a Common Law Court, the reason for this is simple, the Civil Courts in Ireland bear no resemblance to Common Law.

As a Common Law Jurisdiction there are certain principles that apply to all men and women, first and foremost it is fact that:

“Every Man, Woman and Child is born and is by nature free. Accordingly, no-one can be subordinated to another or to any external authority, since every person’s inherent wisdom and liberty makes the complete and sufficient creations in themselves within a wider community of equals. Commonality endows all people with unalienable rights to establish among themselves their own governance, (apart from the principles of Common Law, our own Constitution reinforces these same principles), and to defend themselves against any tyranny or violence including that inflicted by external authorities.”

With regard to the Financial Crisis which, at this very moment, exposes the very real possibility that 10% of the population representing 126,000 Private Dwelling Houses, (family homes), are facing the possibility of Eviction, the next point must be canvassed with regard to Banker’s and the Civil Court system as it prevails in Ireland today.

“Natural Law gives rise to customary Common Law whose purpose is to protect the inherent liberties and sovereignty of men and women in a community by maintaining equity and peace among them. Common Law derives its authority from the people themselves and from the capacity of the people to know what is just and to judge right and wrong for themselves. This capacity is expressed in a Jury system of twelve freely chosen people who are the ultimate Judge, Jury and Authority under common law and its courts.”

This is the point at which we start to stray considerably into the area of inequality, unfairness and serious infringement of rights previously accepted and acknowledged as the normal status quo. Common Law and the right to a fair hearing before a Jury of our peers in Ireland exists only in the Criminal sphere, as does the automatic right to legal representation where an accused person, lacking the resources to secure adequate legal representation would be deemed to be at a fatal disadvantage and seriously prejudiced if legal representation was not available.

The Criminal system insists that Justice is seen to be done and this is the central provision which addresses the issue of inequity if an accused person is unrepresented in a trial, this is NOT the case in the Civil Court system we operate.

A person is presumed innocent in the Criminal system until proven guilty while in the Civil system the accused person bears the onus of proving they are innocent or the injured party following the swearing of an Affidavit alleging the person is culpable by a Bank employee who generally has never had any dealings with the accused nor even ever having met the accused, these affidavits are sworn based on evidence contained in the records of the Bank and generally remain unchallenged.

Bank’s move extremely quickly in Ireland by abusing the Summary Summons process which amounts to a rush to judgement whilst denying the Defendant and opportunity to object, in most cases when there is a statable defence but because of a lack of experience and the absence of legal representation for economic reasons the Defendant is placed in a position of extreme prejudice, the absence of a Jury amplifies the injustice and clears the way for summary judgement granting the orders requested by the Bank’s.

Civil Law in Ireland does not provide for a Jury Trial.

Civil Law in Ireland does not provide for “equality of arms” by providing legal representation to an accused defendant lacking the resources to provide their own representation.

The result of these inequalities is a blatant denial of basic Civil and Human Rights.

While a Defendant may well have an arguable defence to the allegations of a Bank, while the defendant might well have a robust cause of action to counter sue the Bank and / or have the original unenforceable Contract set aside or even a voidable, governing Contract which is relied upon by the Bank, the truth is, without the benefit of legal representation of the ability as a lay litigant to successfully represent themselves, such Defendants will surely lose.

This status suits the Bank’s hugely but it also suits the Legal Profession who stand to gain much much more by working for the Banks only and the Judiciary who seem to be intent on retaining the position which results in the Bank winning all the time.

At this stage in the Financial Crisis and with the benefit of a degree of hindsight, the cause of the Financial meltdown can be squarely attributed to both the professional (and possibly criminal) failure of the Banks themselves and the catastrophic failure of government regulation. With this in mind, it is a complete abomination to accept that the Bank’s should be afforded the absolute and total benefit of a legal system which is so detrimental to the distressed borrower and offends first principles of Common Law.

The effect of Civil Law as it operates in Ireland today, in fact demonstrates that Common Law and Civil Law are fundamentally opposed and in truth, are at war with each other.

We now exist in a Society which is harassed and penalised daily by Government while completely subjugated to corporate entities in the form of Bank’s, with the compliant assistance of a completely ineffectual Government, in that subjugation.

It is critically important that the People re-affirm our position and relegate corporate banking entities to their rightful position which is subservient to the People.

In every action going forward between a Bank and a distressed borrower, we must arrest the rush to judgement which has become the norm. The Summary Summons process should be returned to the status it was originally intended for and that was the exception rather than the rule, any matter between a Bank and a distressed borrower must be completely ventilated before a full Jury Court. This must happen in the interest of public confidence in a re-established Civil judicial System in Ireland.

We are a Common Law Jurisdiction and all the protections of such must be upheld for all men and women without exception.

The good news is, the Banks have, through their over-confident, greed fuelled, debt binge, and their refusal to acknowledge their central role on the destruction of so many lives, hopes and dreams, brought about their own demise, with the help of God and a few good people, the day is now imminent when the absolute truth of the level of criminal fraud, misrepresentation and government failure will become common knowledge in Ireland.

More details will be forthcoming as they become available.

In the meantime can I respectfully ask that your support is continued and increased for one particular group, and that is the Land League, for distressed borrowers this group may well be the last bastion of support and the last hope, and I remind you of a famous quote,

“All that is required for Evil to Triumph, is for good men to do nothing”

Source: http://thoughtactioneire.blogspot.com/2014/09/common-law-jurisdiction-and-day-of.html

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