Rate-Your-Solicitor.com Forum

Jacinta Tierney · 2008-09-25 08:55:55

Walnut Tree Close
Sands
High Wycombe
Buckinghamshire
HP12 4DE
England

For the Personal Attention of
Mr Dermot Ahern
Minister for Justice, Equality & Law Reform
94 St Stephen's Green
Dublin 2
Ireland
20th May 2008

Dear Mr Ahern,

As members of the Irish Victims of the Legal Profession Society, which to the shame of Ireland, is a rapidly growing, world renowned group, we welcome you as the new Minister of Justice, Equality and Law Reform.

I enclose letters and documents which outline my experience of how Justice is typically misadministered in the Courts of Ireland in the 21st Century.

I have returned the Judgement served on me on the 2nd May 2006 at the Circuit Court in Kilrush, by the "Honourable" Judge Cornelius Murphy back to him. He ‘donated’ (for want of a better word) my Registered Property, which I had owned since 1961, to a woman who lives in Galway, Mrs Bridgette Brew Quinn.

Furthermore, you will note from the Judgement, she had to pay costs and I had an injunction served on me barring me from my Property! (This has now been demolished and replaced with a shop and apartment). I regard this Judgement as non valid, malicious and insulting, and at least bizarre and at worst a very serious miscarriage of justice. Evidence was ignored. My superb barrister, Mr Patrick Nicholas was shouted down by the Judge – who did not want to hear anything about human rights or European laws or anything else which proved my Rights to MY Property that I was in possession of.

I, like all the members of the VLPS have been a respected member of my community.

The experience of that Court illustrated the sheer audacity of Solicitor Michael Nolan – a zealous witness for his client Mrs Bridgette Brew Quinn in this case, along with Mr Nolan, a personal friend and Mr O'Rourke, a totally unreliable witness.

The Court Case, as in all the aggrieved Court Cases of members of the VLPS, had a foregone conclusion before the evidence was even presented. In May 2006, my son and I thought we had experienced personal prejudice... not so. It did not take long to discover the VLPS. Mr John Gill, Public Relations Officer has been a tireless campaigner for other victims of this ‘white collar crime’. When he was robbed and cheated by colleagues, who were then condoned by many members of the Legal Profession and the Irish State, having lost his livelihood as an accomplished builder, he did not stop to ‘lick his wounds’. He publicised his experiences, revealing all the details, and he soon had a loyal flock. Like the Pied Piper of Hamelin, a mass of supporters soon were and are following him. Be aware – the Victims of the Irish Legal Profession are FIGHTING BACK.

For years, people crushed by oppressive and insulting experiences in the Courts of Ireland have been too terrified to stand up for themselves because of fear of recrimination to them and their families. I myself have evidence, and experienced threats and slander from Solicitor Michael Nolan. The Law Society urged my own Solicitor to register and endorse a complaint against him. When a colleague has an office one or two doors away, in a small town – that becomes an impossible situation.

Similarly, the most serious collusion occurs in the more rural areas, where Solicitors, the Gardai, local Councillors and Auctioneers gang together for their own personal gain, against an innocent victim. I have personal experience of this, as Ms Fiona Mooney, Town Clerk in Kilrush gave the alleged adverse possessor of my registered property, Ms Bridgette Brew Quinn a Grant and permission to demolish my Property whilst the Court Case was pending. This, despite the fact that my Solicitor, Mr Desmond O'Brien had sent the Council a cautionary Submission objecting to this Application. Also, Ms Fiona Mooney had seen my Original Title Deeds. This was ignored by the Council – a total biased disgrace.

So much needs to change in how such procedures are carried out. You Sir, are the man to initiate such changes.

In over one hundred years, no one on this small island has dared to confront and challenge those who abolish human rights, causing suffering, distress and gross financial loss. Mr John Gill will go down in Irish history as a man of courage and charisma who, disregarding his own wellbeing, brought hope and encouragement to those who were oppressed by those who were designated to be the ‘pillars of society’.

He, together with Mr Larry Sweeney, our Press Officer, who is a highly respected businessman, refused to succumb to the perjury, insults and false arrests he was subjected to. After going through the Irish legal system, finally on the 21st April 2008 he represented himself – and in so doing became a hero. The "Larry Effect" and what happened in his most recent Court Case will live on in the memories of those who were in Cavan Circuit Court for years to come.

Many of the members of the VLPS are like myself in retirement or on the verge of retirement, who instead of enjoying the fruits of their labour are struggling to attend Courts which make a mockery of Irish Justice. Whilst those who should be administering the law await their demise, and too often rob them of their assets..

I returned the Judgement served on to Judge Cornelius Murphy, together with all my compelling evidence as an ‘aide de memoir’. He has not even had the courtesy to validate this with an acknowledgement. I am please to say that my letter of support of Mr Larry Sweeney to Judge O'Hagan was acknowledged by your Private Secretary, and was to be passed on to you.

I now enclose a copy to you of the Mission and Values Statement of your Office. I, AND ALL the members of the VLPS request that you study these, use your position as the new Minister to enforce that these Values and Statements are followed in every Court, in every town and every city in Ireland.

Be the politician whose name will go down in Irish Political History as the man who had the courage to purge those in the Irish Judiciary who ignore the correct legal process and give back Irish Citizens the dignity and justice they deserve as members of the European Community.

Yours faithfully,

Michael Mescall
Member VLPS London and South East England

CC:
Mr John Gill, PRO VLPS
Mr Larry Sweeney, Press Officer VLPS
His Honour Judge Cornelius Murphy
His Honour Judge John O'Hagan
The Law Society

ENCLOSURES

The Judgement of His Honour Judge Cornelius Murphy at Kilrush Circuit Court on the 2nd May 2006, Bridgette Brew Quinn v Michael Mescall.

Letter from Mr Desmond O'Brien (my solicitor) Proving Ownership and being in possession of my Property in Vandeleur Street, Kilrush (1961 May 2006).

Submission of Mr Desmond O'Brien (my solicitor) to Kilrush Council opposing Planning Permission/Demolition of MY Property in Vandeleur Street, Kilrush.

Several letters from my wife and myself to the presiding Judge and to Mr John Gill, PRO VLPS, as well as a letter of support for Mr Larry Sweeney to Judge John O'Hagan.

Statement of Facts - received from a Kilrush businessman, unknown to me, but very concerned about the corruption in the town.

Details of Case Histories of other VLPS members.

A copy of the Mission and Values Statement of the Department of Justice, Equality and Law Reform.

Last edited by Jacinta Tierney (2008-09-26 04:59:40)

Jacinta Tierney · 2008-10-19 14:11:22

Has anyone else written to the Minister for Justice?

Jacinta Tierney · 2008-10-30 09:19:14

T H E R E P L Y

Office for the Minister for Justice, Equality and Law Reform
94 St Stephens Green, Dublin 2, Republic of Ireland
Tel. 01 602 8202

16 June 2008

Dear Mr Mescall,

I am directed by the Minister for Justice, Equality and Law Reform, Mr Dermot Ahern, T.D. to refer to your letter of 20 May 2008. The position is that the Courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions. Accordingly, the Minister cannot comment or intervene in any way in relation to how particular proceedings are conducted or on the outcome of those proceedings.

Any concerns you may have regarding the conduct of particular court proceedings should be referred to the President of the relevant court.

The Minister has asked me to outline that work on the proposed Judicial Council Bill is at an advanced stage of development in the Department. It is intended that the proposed Bill will provide a code of ethics for judges, a process for the investigation of complaints against the judiciary and a mechanism for judicial education and exchange of information among judges.

A working group has now been established to advance the Judicial Council Bill. The Group comprises a nominee each of the Department and of the Chief Justice. It is expected that this approach will ensure that the details of the proposed Bill can be finalised in the reasonably near future.

I might also mention that the Legal Services Ombudsman Bill 2008 was published on 31 March 2008. It is expected that the Bill will bring about important changes in the law governing the legal professions and ensure real improvements in the quality control of the delivery of legal services and the manner in which the public perceives such control to exist. Any developments will be announced in the usual manner in due course.

Yours sincerely,

Barry O'Donnell
Private Secretary

catherinesara · 2008-11-08 14:05:24

It is like having a chicken in charge of a den of foxes, with this so called Minister for Justice not doing anything about the lawyers.

Law is not Justice as any true Irish person will tell you.

We had a far superior Justice system ourselves hundreds of years ago, under Brehon Law.

Oh those were the days of Justice for man and woman alike.

And when the Breitheamh got it wrong he/she paid the price.

Joe Ferris · 2008-12-29 17:16:39

Taoiseach Brian Cowen is a Solicitor, Minister of Finance Brian Lenihan is a Barrister and Minister of Justice Dermot Ahern is a Solicitor. What chance has Michael Mescall, a 'decent Irish man' of getting justice?

I met both Michael and his wife Zofia in High Wycombe last year. Zofia said that the "Republic of Ireland has good laws on paper but the practice of Law is disgraceful in any civilised society". As Michael Mescall remarked:- "The fact that the group of Victims of the Legal Profession exists is proof of legal corruption" in the Republic of Ireland.

What are the Taoiseach, Minister of Finance and Minister of Justice going to do so that 'decent Irish people' can have confidence in the Legal and Judicial System of the Republic of Ireland?

admin · 2009-06-04 06:45:50

26th May 2009
Oaksey Dene
Walnut Tree Close
Sands, High Wycombe
Bucks, HP12 4DE
ENGLAND

For the attention of Mr Aidan Comerford
Munstergroup Property
The Square, Kilrush
County Clare
Ireland

Dear Sir,

RE: Commercial Property For Sale, The Glen, Kilrush, Co. Clare, E450,000
General/Private Treaty

It has been brought to my attention today the 26th May 2009, that you are selling this property in Kilrush on behalf of Mrs Bridgette Brew Quinn of 15 The Parklands, Galway.

BE AWARE that I, MICHAEL MESCALL of the above address, am the Owner of this Property which was stolen from me, and I shall be taking action. I am putting you ON NOTICE as of today to remove your For Sale signs immediately.

I am reporting this matter to the Fraud Squad in Dublin, and other relevant parties.

Yours faithfully,

Michael Mescall

CC:
* The Bureau of Fraud Investigation, Dublin
* The Minister of Justice, Mr Dermot Ahern
* Mr John Gill, Public Relations Officer, Victims of the Legal Profession Society
* The Superintendent, Gardai, Kilrush
* Mr Desmond O'Brien, Solicitor, Kilrush
* Judge Cornelius Murphy
* President of the Circuit Court

Joe Ferris · 2009-06-05 14:22:33

Michael & Zofia, it looks like the 'thieves' who stole your property are anxious to attempt to dispose of the 'loot'. Now is the time for the VLPS to catch the 'thieves' and prevent them from making any profit from their crime of stealing. Joe

admin · 2010-06-13 11:27:29

Letter to the Liquidators of George Brew & Company Ltd

For the Attention of Mr Matt Gaule
Matt Gaule & Bermingham & Company
61 O'Connell Street
Limerick City
County Limerick
Ireland

Dear Mr. Gaule,

Re: Liquidator – for Mr George Brew and Mrs Rita Brew following meeting at the West Country Hotel, Ennis, County Clare on the 27th April, 2010 at 11 a.m.
George Brew & Company Limited of 64 Henry Street, Kilrush, County Clare, Ireland.

Please be aware that on the 27th of November 1961, I purchased my property in Vandeleur Street, Kilrush, County Clare, and am the registered owner and holder of the Title Deeds to this property.

It was brought to my attention in August 2002, that this property had been put up for sale by the Brew family, despite the fact that they had full knowledge that it was my property. I immediately put them On Notice. They ignored this and Mrs Rita Brew offered to buy my Title Deeds. This I refused, as this was to be my and my wife's Zofia Mescall retirement apartment.

They then proceeded to apply for the building to be demolished, despite a submission to the Council by my Solicitor that this was my building, and that I had never ceded ownership. It was awaiting refurbishment by me, but had been well secured against intruders, and checked on regularly by me. The roof was leaking, and the power supply had been disconnected. The building could not be used in any way, and certainly not for any business or storage.

I was in full possession and have documents and photographic evidence to prove this. Subsequently, Mrs Rita Brew passed this on to her daughter, alleging that it had been in her husband's Will. This is not true, as I had not sold it to him, or to anyone else, and the property described in his Will does not describe my property. It is my opinion (and other witnesses to the Court Case of 2nd May 2006) that Mrs Bridgette Brew Quinn, daughter and sister of Mrs Rita Brew, and Mr George Brew falsely claimed it was hers. She had never even entered the building, and was and is living in Galway.

Is this property in the Brews' Statement of Affairs, for it is up for sale for E375,000? I have incurred an enormous loss, as had I fulfilled my building plans I would certainly have realised at least E200,000 if not more..

I am of the firm opinion that this is an asset Mr George Brew and Mrs Rita Brew transferred, when it was not theirs to do so. Had the Judge Cornelius Murphy viewed it, as he was invited to do, he would have realised he had been hoodwinked on the 2nd May 2006 into granting adverse possession.

Furthermore, this has now become a very high profile case, in which correspondence has taken place between myself and my wife and the Minister of Justice, the President of the Court, the Fraud Squad and others, and I would invite you to view the Case of Michael and Zofia Mescall on the Victims of the Legal Profession website; also on the Rate Your Solicitor Forum where you will find letters to the Minister Mr Ahern, and his reply. This has been viewed by many thousands of people all over the world.

These authorities have been sent documented evidence of my ownership, and I have respected independent witnesses to this evidence.

It has been brought to my attention, that there is great support for me against this miscarriage of justice in the town of Kilrush, where this theft of my registered property took place covertly, whilst the outside remained boarded up, exactly the way I had always secured it. Also, that Mrs Bridgette Brew Quinn made a threatening telephone call to Mr John Gill on Saturday 29th May 2010, which he immediately reported to the local Gardai. The Gardai arrived promptly and just as he was making his Statement to them in his home, Mrs Bridgette Brew Quinn rang again – when he informed her the Gardai were present and witness to her call, she changed her tone, but suggested that she meet with him for a "round the table chat".

I firmly believe that the truth prevails. I expect to be credited with realistic and just proceeds from this property, transferred to her illegally, by her mother Mrs. Rita Brew, partner in the Brew Company, and am registering a claim for you to include my request in your investigations and reimbursements and request a copy of the Statement of Affairs and list of Creditors names.

Yours sincerely,

Michael Mescall

CC:
* Mr Dermot Ahern, Minister for Justice
* Mr Matthew Deery, President of the Circuit Court
* Chief Commissioner Fachtna Murphy
* Superintendent Michael Comyns
* Mr Des O'Brien Solicitor, Kilrush
* Mr Patrick Nicholas, Barrister at Law
* Judge Cornelius Murphy
* Mr John Gill, VLPS Public Relations Officer

Joe Ferris · 2010-06-14 17:00:35

Equitable Charges

[It is possible in equity to make the discharge of a debt or some other obligation a charge upon land or other property without changing the ownership of the property in law or in equity.

An equitable chargee does not have the same rights as a mortgagee, but an equitable charge is an effective form of security.

It arises where there is a clear intention to burden certain property with the discharge of an obligation, made or evidenced in writing or by will, otherwise than by way of mortgage: Matthews v Goodday (1861). No special form of words is necessary: Coonan v O’Connor (1903).]

Pearce, R.A., Mee, J. (2000) Essential Law Texts Land Law Second Edition, Dublin: Thomson Roundhall Sweet & Maxwell. ISBN – 1-85800-192-7

Michael & Zofia, I have been given the loan of the above book, which included the section on registering a charge against property.

Perhaps you may have already done this, but if not, you might consider contacting the Property Registration Authority (formerly Land Registry) in Dublin and register a charge against your property that was stolen by the ‘Irish Legal Sharks swimming in the dirty water of Kilrush’. Regards, Joe.

admin · 2010-07-12 09:24:38

Reply from Matt Gaule, Liquidator for George Brew & Company Ltd,
9th June 2010 Ref MG/MK

Dear Mr Mescall

GEORGE BREW & COMPANY LTD.
(IN VOLUNTARY LIQUIDATION)

Many thanks indeed for your letter of 25th ult.

I was appointed Liquidator as you state in your letter to George Brew & Company Ltd on 27th April last.

I have secured the assets of George Brew & Company Ltd.

There is no property held within the company.

Therefore, I have no further function whatsoever, certainly that I am aware of as Liquidator, in relation to the contents of your letter.

I have however noted same.

I only have a function if the asset is held in George Brew & Company Ltd. which is not the case.

Kind Regards

Yours faithfully,

For and on behalf of George Brew & Company Ltd (in Voluntary Liquidation).

Matt Gaule CPA
Liquidator

Gaule & Bermingham
61 O'Connell Street
Limerick
County Limerick

admin · 2010-07-15 10:10:07

Letter in reply to Matt Gaule, Liquidator for George Brew & Company Ltd,
17th June 2010

Mr Matt Gaule CPA
Gaule & Bermingham & Co.
61 O'Connell Street
Limerick City
County Limerick

Dear Mr Gaule,

Property at Vandeleur Street, Kilrush, County Clare
George Brew & Company Ltd. (In Voluntary Liquidation)

Thank you for your letter of 9th June 2010.

I note your comments. However, would you please furnish me with the following information.

In the last five years, has there been any transfer of properties by George Brew & Company?

I understand that my property in Vandeleur Street, Kilrush, for which I hold Title Deeds and was in possession of until 2nd May, 2006, was granted by the Court, that day, by Judge Cornelius Murphy at Kilrush Circuit Court, on the grounds that it was being used and traded from by George Brew & Company Limited as their business.

This was sworn on oath by Mr George Brew quite emphatically, and by Mrs Bridgette Brew Quinn, and by their employee Mr O'Rourke of Ennis Road and even by their Solicitor Mr Michael Nolan of Toler Street. It is my opinion that they all perjured themselves.

The Court case was pending till 2006, and I was in Full Possession. I have remained Registered Titled Owner after that date.

It would appear that Messrs Brew & Company have failed to be totally honest in their dealings with you. This illegally acquired property (Asset) or proceeds from its sale, should be returned forthwith to Mr Michael Mescall as its legal owner.

I await a copy of the transfer information.

With thanks.

Yours sincerely,

Michael Mescall

CC:
* Mr Matthew Deery, President of the Circuit Court
* Superintendent Michael Comyns, Kilrush
* M. O'Shea & Co Solicitors, Kilrush
* Mr Patrick Nicholas, Barrister at Law
* Mr John Gill, VLPS Public Relations Officer

admin · 2010-07-15 10:38:13

Letter to Judge Cornelius Murphy, 2nd July 2010

For the Attention of His Honour Judge Cornelius Murphy, Cork Circuit Court

Your Honour,

On the 2nd May, 2006, you made a gross error of judgement when you donated my Registered Property in Vandeleur Street, Kilrush, County Clare, whilst it was in my sole possession pending conversion to Retirement Apartment, to the 'Brews'.

In April this year, 2010, the residents of Kilrush passed their own judgement on the Brew's Store, and after four generations of trading and despite the fact that during previous difficult times, this Store remained unaffected, so this is not merely a recession related closure, this business went into Liquidation. However, Mr George Brew and Mrs Rita Brew have quite typically failed to include this asset in their Statement of Affairs.

Nevertheless, I would urge you now to take the unprecedented action in admitting you were deceived, and endorse my Submission to Matt Gaule & Bermingham, Liquidators for the said George Brew & Company Limited. A proportion from the sale of this property, which is on the market for E375,000.00, in the region of E200,000.00 should be reimbursed to me, this being of amount owing to me.

Yours sincerely,

Michael Mescall
Member of the VLPS London and South East England

Rate-Your-Solicitor.com Forum

#1 2008-09-25 08:55:55

Michael Mescall's letter to Mr Dermot Ahern, Minister for Justice

#2 2008-10-19 14:11:22

Re: Michael Mescall's letter to Mr Dermot Ahern, Minister for Justice

#3 2008-10-30 09:19:14

Re: Michael Mescall's letter to Mr Dermot Ahern, Minister for Justice

#4 2008-11-08 14:05:24

Re: Michael Mescall's letter to Mr Dermot Ahern, Minister for Justice

#5 2008-12-29 17:16:39

Re: Michael Mescall's letter to Mr Dermot Ahern, Minister for Justice

#6 2009-06-04 06:45:50

Re: Michael Mescall's letter to Mr Dermot Ahern, Minister for Justice

#7 2009-06-05 14:22:33

Re: Michael Mescall's letter to Mr Dermot Ahern, Minister for Justice

#8 2010-06-13 11:27:29

Re: Michael Mescall's letter to Mr Dermot Ahern, Minister for Justice

#9 2010-06-14 17:00:35

Re: Michael Mescall's letter to Mr Dermot Ahern, Minister for Justice

#10 2010-07-12 09:24:38

Re: Michael Mescall's letter to Mr Dermot Ahern, Minister for Justice

#11 2010-07-15 10:10:07

Re: Michael Mescall's letter to Mr Dermot Ahern, Minister for Justice

#12 2010-07-15 10:38:13

Re: Michael Mescall's letter to Mr Dermot Ahern, Minister for Justice

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