No, I have not misspelled the word in the title here.
Yesterday in the High Court in Dublin the High Court Judge, Justice Sean Ryan granted us an Isaac Wunder Order: "An Isaac Wunder order is an order issued by an Irish court restricting the ability of a vexatious litigant to institute legal proceedings without leave from that or another court, whether for a specified period of time or indefinitely. It is named after Isaac Wunder, an Irishman who became notorious for instituting a number of actions that were subsequently deemed by the court to be frivolous or vexatious.".
This Order prohibits Daniel Gallagher and Elva Gallagher, or either of them from instituting any further Court proceedings against us (Sean and Catherine McGlynn) or either of us without the leave or consent of the Court.
In other words if Daniel and/or Elva Gallagher decide they want to issue any more proceedings against either of us they must first apply to a Judge of the High Court for his or her consent to issue the proceedings. Effectively this means that the Court will have to be satisfied that the Gallaghers have reasonable grounds for issuing the proceedings and that there is some substance to the proceedings and they are not simply a repeat of the copious proceedings that already have been dealt with by the Court (on many occasions).
The Judge in his Judgement said Sean and Catherine McGlynn should not continue to be subjected to this Chinese Water Torture (referring to the drip drip nature of proceedings and documents).
The Order prevents the further abuse and harassment of us by the Gallaghers and prevents them from wasting any more valuable Court time ~ AND wasting the time of the Court staff who all have better things to do.
Needless to say being told enough is enough, the Gallaghers, and in particular Daniel lost the plot and reverted to the thug that he clearly is. Leaving the Court, just outside the Court door in fact, he harangued my husband threatening to punch his teeth down his throat.
He was stopped from actually punching my husband by none other than John Gill who clearly has a modicum of intelligence that Daniel Gallagher does not possess and knew that it would look very, very bad for Daniel and Elva Gallagher, not to mention the much depleted band who call themselves "Victims of the Legal Profession" if one of their members resorted to Neanderthal behaviour in front of anyone let alone in the High Court.
But his behaviour just typifies the mentality of the Daniel Gallagher. He is a man possessed and bereft of any degree of rationality and this, combined with his wife Elva's vastly inflated notion that she has any idea of the law is a dangerous combination. John Gill really should consider the company he keeps if he wants to keep the few remaining members of their "Society".
Showing posts with label sean mcglynn. Show all posts
Showing posts with label sean mcglynn. Show all posts
Tuesday, November 6, 2012
Monday, May 28, 2012
TELEPHONE CALLS AND TEXT MESSAGES UPDATED
Those who read this blog will be aware of my post about a member of "The Victims of the Legal Profession" contacting me by telephone and text numerous times. Yes, the person did spill a lot of the secrets of this ridiculous little band of people but the person then decided to get nasty.
Of course I reported this to the Gardai (Police) and it seems the pest is exactly the person I thought it was.
Now this person will have to think a little before they decide to abuse anyone by phone again.
I will reveal more at a later date.
In the meantime, anyone who did not see the initial post can catch up HERE.
Of course I reported this to the Gardai (Police) and it seems the pest is exactly the person I thought it was.
Now this person will have to think a little before they decide to abuse anyone by phone again.
I will reveal more at a later date.
In the meantime, anyone who did not see the initial post can catch up HERE.
Friday, November 18, 2011
BREEDING PUPS
I noticed a post their cesspit site (vlps/crookedlawyers.com) saying I was running a puppy farm, breeding pups for sale.
This is just another of their nasty lies.
1. We have NEVER bought a pup from a puppy farm nor a pet shop.
2. All the dogs we have had were bought as pups from reputable breeders whom we had checked out at length prior to purchasing. By checking out, we made sure that they were Kennel Club (either Irish or British) registered, not because that is a total safety valve, but rather that we could see how many litters they had bred from their dogs and how regularly.
3. We have had many pedigree dogs over the years and have NEVER bred as much as one pup. My opinion is that there are far too many dogs in the world as it is and that is the reason I have never had our dogs bred. And believe me, were I the type to do it, I would have made quite a sum of money as they were all expensive dogs.
4. We have never even allowed our male pedigree dogs to be used at stud. Our Shar-Pei at the time could have earned £800 per breeding and although we were asked by owners in Galway to use our dog, we refused because we a) did not buy our Shar-Pei to make money and b) as stated previously there are far too many puppies being bred.
5. Our dog now is an English Bull Terrier and we have had him now for over seven years. We had him neutered when he was a few months old despite the fact that he could be used at stud as an adult for up to £1,000 a time.
So, no, we have never had a puppy farm and have never bought from one, and more, have never even seen a puppy farm (other than TV progs. of course).
But just another example of the hate campaign and lies against us on their cesspit sites.
To end on a happy note though, here's our fabulous Alf. A charming, loving, clever and very loyal eight stone mass of solid muscle.
This is just another of their nasty lies.
1. We have NEVER bought a pup from a puppy farm nor a pet shop.
2. All the dogs we have had were bought as pups from reputable breeders whom we had checked out at length prior to purchasing. By checking out, we made sure that they were Kennel Club (either Irish or British) registered, not because that is a total safety valve, but rather that we could see how many litters they had bred from their dogs and how regularly.
3. We have had many pedigree dogs over the years and have NEVER bred as much as one pup. My opinion is that there are far too many dogs in the world as it is and that is the reason I have never had our dogs bred. And believe me, were I the type to do it, I would have made quite a sum of money as they were all expensive dogs.
4. We have never even allowed our male pedigree dogs to be used at stud. Our Shar-Pei at the time could have earned £800 per breeding and although we were asked by owners in Galway to use our dog, we refused because we a) did not buy our Shar-Pei to make money and b) as stated previously there are far too many puppies being bred.
5. Our dog now is an English Bull Terrier and we have had him now for over seven years. We had him neutered when he was a few months old despite the fact that he could be used at stud as an adult for up to £1,000 a time.
So, no, we have never had a puppy farm and have never bought from one, and more, have never even seen a puppy farm (other than TV progs. of course).
But just another example of the hate campaign and lies against us on their cesspit sites.
To end on a happy note though, here's our fabulous Alf. A charming, loving, clever and very loyal eight stone mass of solid muscle.
 |
| Alf says "hello" |
DANIEL GALLAGHER'S FATHER'S WILL
Let's clear some things up here.
Daniel Gallagher, represented by his wife Elva (the close friend and constant companion of John Gill, (St. John aka The Lone Ranger aka Dick Turpin) continually bangs on about the Will of Madge Friel and his "ancestoral home" and his imagined entitlements thereto ...
... this post will be completed later today ... hang in there!
Daniel Gallagher, represented by his wife Elva (the close friend and constant companion of John Gill, (St. John aka The Lone Ranger aka Dick Turpin) continually bangs on about the Will of Madge Friel and his "ancestoral home" and his imagined entitlements thereto ...
... this post will be completed later today ... hang in there!
Thursday, November 10, 2011
"A NASTY, SCRUFFY, HORRIBLE, LITTLE BULLY"
From the VLPS/crookedlawers guestbook:
"Date: 21/10/2011, 19:56:16 ~ Name: Truth ~ Number: 3,091
Have Victims of The Legal Profession become Victims of John Gill.
The VLPS has been taken control of by a Nasty Scruffy Horrible Little Bully.
The dysfunctionality of The VLPS a victims support group is extrordinary. This guestbook controlled with messages regularly removed, The Rate Your Solicitor Site closed to new postings, public meetings for victims prohibited, no membership registration, no democratically elected management structure, not a single AGM in 10 years and not one genuine victim assisted through the courts to a successful outcome.
Who is John Gill and why is he controlling The VLPS ? ? ?."
Dear Truth
Of course they are all victims of John Gill. But the site has not been taken control of by him, the site is owned, run and more importantly, controlled by him.
John Gill (aka St. John, The Lone Ranger, Dick Turpin), with his friend and close companion, Elva Gallagher, only really want to bang, albeit impotently, their own drums. They care not a jot about other members there other than to take a few quid off them (tax free of course).
Sadly, there are people out there who are innocent enough to actually think this little man can do anything for them. Well, other than land a few of them in jail ~ himself included ~ that is.
John Gill has got exactly nowhere in his own quest to right what he perceives as wrongs against him and now he has the added bother of someone pursuing him for his slanderous rantings. His cup positively overflows.
But he is not totally alone. He always has constant companion and close friend Elva (wife of Daniel Gallagher) but he also has a few "birds of a feather" around him.
People, some of whom are almost illiterate (as evidenced by their writings on his guestbook), and people too who will jump on any bandwagon going to tear others apart ~ as long, of course, as they have the anonymity of the internet and a screen in front of them.
These people, his little band of followers, worship the ground he prances around on as he continues his quest for victory, old, saggy, wrinkly thing by his side (I refer here not to his close friend and constant companion Elva, but rather, his large satchel) over every person and every organisation that ever slighted him in any way. The fact that some of these slights may be figments of his florid imagination is neither here nor there to John Gill.
He is a little man with many big chips scattered between and on both shoulders and a little man who will not give up, driven as he is by his own demons, and cheered on by said band of followers. Some of whom are starting to wonder exactly what they got into when they first believed his diatribes.
But "a nasty, scruffy, horrible little bully"? Well, people can make up their own minds on whether that is a close despcription of him or not.
I tend to think of him as a sad, little man to whom both life and mother nature have dealt some hard blows and because of these he can no longer think, speak nor work with any semblence of rationality.
"Date: 21/10/2011, 19:56:16 ~ Name: Truth ~ Number: 3,091
Have Victims of The Legal Profession become Victims of John Gill.
The VLPS has been taken control of by a Nasty Scruffy Horrible Little Bully.
The dysfunctionality of The VLPS a victims support group is extrordinary. This guestbook controlled with messages regularly removed, The Rate Your Solicitor Site closed to new postings, public meetings for victims prohibited, no membership registration, no democratically elected management structure, not a single AGM in 10 years and not one genuine victim assisted through the courts to a successful outcome.
Who is John Gill and why is he controlling The VLPS ? ? ?."
Dear Truth
Of course they are all victims of John Gill. But the site has not been taken control of by him, the site is owned, run and more importantly, controlled by him.
John Gill (aka St. John, The Lone Ranger, Dick Turpin), with his friend and close companion, Elva Gallagher, only really want to bang, albeit impotently, their own drums. They care not a jot about other members there other than to take a few quid off them (tax free of course).
Sadly, there are people out there who are innocent enough to actually think this little man can do anything for them. Well, other than land a few of them in jail ~ himself included ~ that is.
John Gill has got exactly nowhere in his own quest to right what he perceives as wrongs against him and now he has the added bother of someone pursuing him for his slanderous rantings. His cup positively overflows.
But he is not totally alone. He always has constant companion and close friend Elva (wife of Daniel Gallagher) but he also has a few "birds of a feather" around him.
People, some of whom are almost illiterate (as evidenced by their writings on his guestbook), and people too who will jump on any bandwagon going to tear others apart ~ as long, of course, as they have the anonymity of the internet and a screen in front of them.
These people, his little band of followers, worship the ground he prances around on as he continues his quest for victory, old, saggy, wrinkly thing by his side (I refer here not to his close friend and constant companion Elva, but rather, his large satchel) over every person and every organisation that ever slighted him in any way. The fact that some of these slights may be figments of his florid imagination is neither here nor there to John Gill.
He is a little man with many big chips scattered between and on both shoulders and a little man who will not give up, driven as he is by his own demons, and cheered on by said band of followers. Some of whom are starting to wonder exactly what they got into when they first believed his diatribes.
But "a nasty, scruffy, horrible little bully"? Well, people can make up their own minds on whether that is a close despcription of him or not.
I tend to think of him as a sad, little man to whom both life and mother nature have dealt some hard blows and because of these he can no longer think, speak nor work with any semblence of rationality.
GIVE THEM ENOUGH ROPE ...
Give them enough rope, as the saying goes.
I haven't been on their cesspit sites for sometime but spent a while recently reading posts and I am glad I did spend a while there.
Now I have both Elva Gallagher and her close friend and companion, John Gill (aka St. John, The Lone Ranger and Dick Turpin) on open forum setting leaving themselves open to defamation action on many counts.
How strange, yet perfect, that these two very close friends, whilst basking in their own self importance and tied up in their mutual admiration, should be so blinded by the glow of their friendship that they completely lost the run of themselves and their fingers and forgot for a moment that there are other people in the world.
Others who might just have the intelligence to pick up their massive errors.
Yes, enough rope is now given.
I haven't been on their cesspit sites for sometime but spent a while recently reading posts and I am glad I did spend a while there.
Now I have both Elva Gallagher and her close friend and companion, John Gill (aka St. John, The Lone Ranger and Dick Turpin) on open forum setting leaving themselves open to defamation action on many counts.
How strange, yet perfect, that these two very close friends, whilst basking in their own self importance and tied up in their mutual admiration, should be so blinded by the glow of their friendship that they completely lost the run of themselves and their fingers and forgot for a moment that there are other people in the world.
Others who might just have the intelligence to pick up their massive errors.
Yes, enough rope is now given.
Tuesday, November 8, 2011
WHO'S A NAUGHTY BOY?
My husband, that's who.
Unlike me, my husband is normally very even tempered and well mannered. However, recently he was a very naughty boy and I just LOVE him to bits for being so naughty.
After years of ridiculous court appearances in relation to the flogging of a dead horse by Elva Gallagher, and her constant companion and close friend, John Gill (aka St. John, The Lone Ranger, and Dick Turpin), oh and her husband, the much jailed, Daniel, he finally got frustrated with their carry on and he flicked a V at Daniel (he's the husband, not the close companion and friend).
HURRAH! GO SEAN!
I would have done it long ago, but then I am not at all as nice as he.
So, what happened?
In Letterkenny court (High Court on Circuit) recently, and after the Judge had given his decision, Daniel Gallagher (the husband, not the close companion and friend) kept talking at Sean. Sean got annoyed at Daniel's ridiculous behaviour and his loss of the run of himself, and gave him the V.
This threw Daniel into a total tail-spin and he started spluttering and yelling at the Judge whilst pointing to Sean "HE MADE A RUDE GESTURE TO ME!!!". (Not half rude enough in my opion). It was straight from some comedy sketch.
Daniel, the man shocked by a rude gesture, who not more than a number of months ago came to our office with his wife and threatened physical violence, only leaving when the threat of the gardai being called was told to him.
The man too who has refused for the last five years to vacate lands to which he is clearly not entitled, despite several court orders.
And this man and his wife (Elva, the close companion and friend of John Gill) have the cheek to say my husband has no respect for the law?
My husband has every respect for the law but none whatsover for the likes of Daniel and Elva Gallagher who totally ignore it and abuse it.
Unlike me, my husband is normally very even tempered and well mannered. However, recently he was a very naughty boy and I just LOVE him to bits for being so naughty.
After years of ridiculous court appearances in relation to the flogging of a dead horse by Elva Gallagher, and her constant companion and close friend, John Gill (aka St. John, The Lone Ranger, and Dick Turpin), oh and her husband, the much jailed, Daniel, he finally got frustrated with their carry on and he flicked a V at Daniel (he's the husband, not the close companion and friend).
HURRAH! GO SEAN!
I would have done it long ago, but then I am not at all as nice as he.
So, what happened?
In Letterkenny court (High Court on Circuit) recently, and after the Judge had given his decision, Daniel Gallagher (the husband, not the close companion and friend) kept talking at Sean. Sean got annoyed at Daniel's ridiculous behaviour and his loss of the run of himself, and gave him the V.
This threw Daniel into a total tail-spin and he started spluttering and yelling at the Judge whilst pointing to Sean "HE MADE A RUDE GESTURE TO ME!!!". (Not half rude enough in my opion). It was straight from some comedy sketch.
Daniel, the man shocked by a rude gesture, who not more than a number of months ago came to our office with his wife and threatened physical violence, only leaving when the threat of the gardai being called was told to him.
The man too who has refused for the last five years to vacate lands to which he is clearly not entitled, despite several court orders.
And this man and his wife (Elva, the close companion and friend of John Gill) have the cheek to say my husband has no respect for the law?
My husband has every respect for the law but none whatsover for the likes of Daniel and Elva Gallagher who totally ignore it and abuse it.
Wednesday, November 12, 2008
RATE YOUR SOLICITOR/CROOKED LAWYERS
I suppose the idea for the site rateyoursolcitor.com, where people could award a solicitor with stars for good work and less stars for what they considered not so good work thereby allowing potential clients to view the rating of a solicitor prior to engaging him or her, was a reasonable idea.
In theory that would have been fine. However, the site, rate your solicitor, has now sunk into one of the most disgusting places on the net simply because it is run in a totally unprofessional manner where posters are allowed to post the most gratuitous, nasty, and personal comments about anyone in the legal profession. Perhaps they should consider changing the site name to slateyoursolicitor.com?
A selection of comments and inuendo about members of the legal profession allowed on that site, which comments and inuendo have absolutely nothing to do with the persons ability as a lawyer:
"... is a serial criminal full stoip (sic), and my family has the scars to prove it...pure venim!
"and car park activities after company nights"
"what a wagon"
"...isn't it a pity that all solicitors have skeletons in their cupboards..."
"... stay out of those 5 * hotels for your liaisons!!"
"spends most of his days drinking and chasing women in local lap dancing club"
"He drives around town in a large Mercedes looking like lord muck of the manor, at the same time shafting and sticking the two fingers up to the ordinary law abiding citizen."
"SUBSTANTIAL REWARD FOR INFORMATION LEADING TO CRIMINAL CONVICTIONS. IF ANYONE HAS INFORMATION OF ANY WRONG DOINGS ON THE PART OF THIS FIRM OR INDEED ANY SOLICITOR, PLEASE MAKE YOURSELF KNOWN IN CONFIDENCE TO JOHN GILL"
"after consuming two (sic) many of those cheap bottles off booze he buys in lidl."
"Avoid like the plague, also noted for getting up womens' skirts!"
"... out to S*** in your lawn or plant guns"
"A joke, an idiot, unprofessional, cycles to court and shows up looking like a cross between a cabbage and Worzel Gummidge"
"I am waiting darling, game on, bring it on....hell ain't half full yet ..."
"... would gladly handle a few months in the slammer for what you might do to him, that is!"
"... this alcoholic, egotistical, psychotic and frankly criminalised joke of a solicitor ..."
And some absolutely appalling comments from their sister site, crookedlawyers.com's guest book:
"In India throwing Acid in someone (sic) face is perfectly acceptable means of figting (sic) crime. Ireland needs a similar method." This appeared on their guestbook on the 10th September 2006 and is still there as at the 12th of November 2008.
"... the best way to get my point across is to kidnapp (sic) and torture crooked Solicitors. I find that to be the best method to deal with these Rats." This appeared on their guestbook on the 7th of September 2006 and is still there as at the 12th of November 2008.
"In America if a Solicitor/Lawyer stole from a client he or she would be hunted down and killed and then the client would then commit suicide." This appeared on their guestbook on the 10th of July 2006 and is still there as at the 12th of November 2008.
And as one poster rightly posted after reading some of the vile comments:
"After reading some of the comments I would believe that being a Solicitor in Ireland now is one of the most dangerous professions."
These sites allow anyone to add comments without any check being made on the poster. They allow people to lie freely and anonymously, for instance on our listing rateyoursolicitor.com (we're the only solicitors office in Donegal who have made their ridiculous 'Hall of Shame' due entirely to false postings by John Gill in various guises I suspect (more of which anon), the names added to the derogatory postings are unknown to us. They are not, and never have been, clients of our office.
I also know for an absolute fact that one person in particular tried on seven consecutive nights to post a non derogatory comment pointing out the inadequacies of their site along the lines of how they are demeaning ligitimate cases of complaint by their infantile bashing postings. This comment was never allowed to appear on their site.
Apart from them being nasty people, they are now listing The Irish Time, The Irish Independent, and the Tanaiste, Mary Coughlan. Since when did any of those supply legal advice? Perhaps they should consider opening sites: rateyournewspaper.com and rateyourtanaiste.com?
All in all, I think the rateyoursolicitor.com and crookedlawyer.com sites are a waste of webspace for all the above reasons. Who on earth could condone a posting avocading the throwing of acid in another human being's face? Which they have done by allowing such a posting at all. It is a pity that the people who run them have allowed it to sink into the cess pits they have become because I'm sure there are people with genuine complaints who had hoped it was a way to air concerns, and these people I'm sure, would not want to be part of the band of nasty people who run/post there.
In theory that would have been fine. However, the site, rate your solicitor, has now sunk into one of the most disgusting places on the net simply because it is run in a totally unprofessional manner where posters are allowed to post the most gratuitous, nasty, and personal comments about anyone in the legal profession. Perhaps they should consider changing the site name to slateyoursolicitor.com?
A selection of comments and inuendo about members of the legal profession allowed on that site, which comments and inuendo have absolutely nothing to do with the persons ability as a lawyer:
"... is a serial criminal full stoip (sic), and my family has the scars to prove it...pure venim!
"and car park activities after company nights"
"what a wagon"
"...isn't it a pity that all solicitors have skeletons in their cupboards..."
"... stay out of those 5 * hotels for your liaisons!!"
"spends most of his days drinking and chasing women in local lap dancing club"
"He drives around town in a large Mercedes looking like lord muck of the manor, at the same time shafting and sticking the two fingers up to the ordinary law abiding citizen."
"SUBSTANTIAL REWARD FOR INFORMATION LEADING TO CRIMINAL CONVICTIONS. IF ANYONE HAS INFORMATION OF ANY WRONG DOINGS ON THE PART OF THIS FIRM OR INDEED ANY SOLICITOR, PLEASE MAKE YOURSELF KNOWN IN CONFIDENCE TO JOHN GILL"
"after consuming two (sic) many of those cheap bottles off booze he buys in lidl."
"Avoid like the plague, also noted for getting up womens' skirts!"
"... out to S*** in your lawn or plant guns"
"A joke, an idiot, unprofessional, cycles to court and shows up looking like a cross between a cabbage and Worzel Gummidge"
"I am waiting darling, game on, bring it on....hell ain't half full yet ..."
"... would gladly handle a few months in the slammer for what you might do to him, that is!"
"... this alcoholic, egotistical, psychotic and frankly criminalised joke of a solicitor ..."
And some absolutely appalling comments from their sister site, crookedlawyers.com's guest book:
"In India throwing Acid in someone (sic) face is perfectly acceptable means of figting (sic) crime. Ireland needs a similar method." This appeared on their guestbook on the 10th September 2006 and is still there as at the 12th of November 2008.
"... the best way to get my point across is to kidnapp (sic) and torture crooked Solicitors. I find that to be the best method to deal with these Rats." This appeared on their guestbook on the 7th of September 2006 and is still there as at the 12th of November 2008.
"In America if a Solicitor/Lawyer stole from a client he or she would be hunted down and killed and then the client would then commit suicide." This appeared on their guestbook on the 10th of July 2006 and is still there as at the 12th of November 2008.
And as one poster rightly posted after reading some of the vile comments:
"After reading some of the comments I would believe that being a Solicitor in Ireland now is one of the most dangerous professions."
These sites allow anyone to add comments without any check being made on the poster. They allow people to lie freely and anonymously, for instance on our listing rateyoursolicitor.com (we're the only solicitors office in Donegal who have made their ridiculous 'Hall of Shame' due entirely to false postings by John Gill in various guises I suspect (more of which anon), the names added to the derogatory postings are unknown to us. They are not, and never have been, clients of our office.
I also know for an absolute fact that one person in particular tried on seven consecutive nights to post a non derogatory comment pointing out the inadequacies of their site along the lines of how they are demeaning ligitimate cases of complaint by their infantile bashing postings. This comment was never allowed to appear on their site.
Apart from them being nasty people, they are now listing The Irish Time, The Irish Independent, and the Tanaiste, Mary Coughlan. Since when did any of those supply legal advice? Perhaps they should consider opening sites: rateyournewspaper.com and rateyourtanaiste.com?
All in all, I think the rateyoursolicitor.com and crookedlawyer.com sites are a waste of webspace for all the above reasons. Who on earth could condone a posting avocading the throwing of acid in another human being's face? Which they have done by allowing such a posting at all. It is a pity that the people who run them have allowed it to sink into the cess pits they have become because I'm sure there are people with genuine complaints who had hoped it was a way to air concerns, and these people I'm sure, would not want to be part of the band of nasty people who run/post there.
Tuesday, November 11, 2008
MADGE FRIEL, DECEASED
11th November 2008 ~ Updated below on the 18th November 2008
Mrs. Madge Friel was a delightful lady who lived alone in her family home in Termon, County Donegal, a small rural community. Her husband had predeceased her and her late brother Anton lived with her until his death in 1985.
My husband was first contacted by the Garda (police) sergeant in her area and asked to call with Mrs. Friel in her home as she needed some advice. He subsequently visited Mrs. Friel and as a result Mrs. Friel became a client of our office.
Following an injury at her home, she was admitted to the 'Lagan Valley' nursing home in Ballindrait, County Donegal, as a long time resident due to the fact that her nephews, nieces and closest next of kin were all resident in the U.S.A. We became acquainted with her niece, Mrs. Helen McCoy and her husband Thomas McCoy who we understand travelled to Ireland on a regular basis to visit Mrs. Friel and during one of their visits to Ireland, Mrs. Friel indicated through Mr. and Mrs. McCoy that she wanted to make her Will.My husband, Sean, attended with Mrs. Friel and took her instructions. At Mrs. Friel's request, myself and my husband were named as Executors of her Will simply because she had no-one in Ireland she could entrust with this obligation. NOTE: You can read the Will at the end of this post.
As we understood that this was important to Mrs. Friel, we took the time out to visit her at the nursing home on the 28th of December 1994 during our Christmas closed period. We had prepared the Will in accordance with Mrs. Friel's instructions and arrived at the nursing home for her signature.
On arrival, we were met by Mrs. Violet Ayton, owner of the Lagan Valley nursing home, who was aware of our intended visit and the nature of it. Mrs. Ayton handed me a piece of paper, telling us that Mrs. Friel wished to add the people named on the piece of paper to her Will. Hence a hand written Codicil had to be written on the day to annex her Will to include the persons on the list, one of whom was Violet Ayton herself. Hence, a handwritten Codicil was prepared on the day in order to deal with these additional beneficiaries and it was signed and witnessed at the same time, and in conjunction with, the Will prepared on the previous instructions, which Will and Codicil were clearly and slowly read over to Mrs. Friel before she signed these. Her signature was then witnessed by myself and my husband, both present at the same time and in her presence.
It is a STRICT rule of law in Ireland that NO witness to a Will can benefit from that Will.
Mrs. Friel had also executed a Power of Attorney in favour of my husband, Sean McGlynn, in order that he could make the necessary arrangements with the Ulster Bank, Letterkenny, for payment of the fees which had to be paid for her upkeep in the Lagan Valley nursing home in addition to the pension she was receiving, which pension was paid directly to the Lagan Valley nursing home. No monies, other than those paid to the Lagan Valley nursing home were withdrawn from Mrs. Friel's bank accounts.
Mrs. Friel, although fully lucid and capable at the time of the making of her Will, a fact verified by a letter from her attending Doctor, eventually began to suffer from dementia. Payments were still being made on foot of a standing order from her current account but these funds eventually became depleted. She did have another account which was not accessible on demand and required notice and documentation to be executed by, or on behalf of Mrs. Friel. Because of the fact that she was now incapable of managing her own affairs, the Power of Attorney which she had executed was now of no legal effect and therefore the bank would not accept either the signature of Mrs. Friel or Sean McGlynn to release these funds. Payments to the Lagan Valley nursing home therefore ceased but on the basis of an assurance from Helen McCoy (niece of Mrs. Friel) that any fees due would be paid, Mrs. Ayton, to her credit, agreed to await payment.
In her Will Mrs. Friel had sought to benefit, among others, her first cousin Mr. Anton Gallagher, who resided at Ballindrait (in the vicinity of the Lagan Valley nursing home), by leaving him one of her farms in Termon and had left her other farms in Termon to various other relatives and her good and helpful friend, Dan O'Donnell a long standing neighbour of hers.
Her cousin, Mr. Anton Gallagher, died on the 4th of March 2001 approximately 3 weeks before Mrs. Friel. Under the terms of the law of succession in Ireland, a person named as a beneficiary who predeceases the person making the Will does not benefit as a result and that gift or benefit must then be distributed among the persons entitled to the residue of the estate. The executors of the Will MUST follow this rule and are obliged to so do in their role as executors.
On the death of Mrs. Friel my husband contacted the nieces and nephews of Mrs. Friel, all of whom were beneficiaries of the residue of her estate, furnishing them with a copy of her Will and also (although he was not obliged to do so) wrote to the widow of Mr. Anton Gallagher out of respect and courtesy to inform her that Mrs. Friel had intended to benefit her late husband but that due to the fact that he predeceased Mrs. Friel, the gift was void.
Correspondence was received from the solicitor for Mrs. Anton Gallagher asking if there was any way in which she could take her husbands intended benefit. But as there were several nephews and nieces entitled to the residue of the estate, this would only be possible if they were all agreeable to surrender their interests in favour of Mrs. Gallagher. It immediately became apparent to my husband, Sean McGlynn, that a number of the said nephews and nieces were not prepared to do this and so he had to proceed on the basis that this farm, or land, would have to be sold and the proceeds divided among all of the nephews and nieces.
After a short period of correspondence with the solicitors for Mrs. Anton Gallagher nothing further occured and the matters proceeded in the normal way on the basis that the residue would be divided among the nephews and nieces.
It was not until some 2 or 3 years later when the administration of the estate was being finalised, involving the proposed sale of that land that we first informed that a claim was being made by Daniel Gallagher and his wife Elva Gallagher of Craigadoes, St. Johnston, County Donegal, that they had some entitlement to this land. It was not clear as to how they purported to have an entitlement to the land, was it simply on the basis that Mrs. Friel had intended to benefit Mr. Gallagher's father? Or was there some other basis on which they thought they were entitled to this land?
At any rate, a solicitor from Donegal wrote on behalf of Daniel Gallagher and his brother objecting to the sale of the land and was invited to support their objections on a legal basis. Which they did not. But because of the objection, our office informed the said solicitor that if his clients did not withdraw the objections that Court proceedings would have to issue to determine whether or not these objections were valid. No response was received. As a consequence, my husband and I issued the necessary proceedings in order to have the question determined.
It was then that correspondence was received from a third firm of solicitors, this time in County Mayo, representing Daniel Gallagher and his brother.
The case was eventually brought to court before Judge John O'Hagan on the 9th of May 2006 when Daniel Gallagher, his wife Elva Gallagher, and his brother were all present and were entitled to, and allowed to address the court. Mr. Daniel Gallagher's brother, who had already indicated at an early stage that he was not contesting the matter, was released from all proceedings and all liability for costs. However, Mr. Daniel Gallagher, but more particularly his wife, Mrs. Elva Gallagher (who is not related to Mrs. Friel) prevaricated at length, but no avail, on behalf of her husband and herself (although she was not named as a party to the proceedings).
His Honour Judge O'Hagan, having read and understanding the facts of the matter, made his judgement in accordance with the law as he is bound to do, dismissed the unfounded and unsubstantiated claims of the defendant, Mr. Daniel Gallagher, and granted and order in favour of the plaintiffs (myself and my husband), allowing them to proceed to administer the estate of the late Mrs. Friel in accordance with her Will and the law.
As was indicated by Mrs. Elva Gallagher on behalf of her husband Daniel Gallagher, an appeal was lodged with the High Court in Dublin. Without going into fine detail, the appeal was eventually listed before His Honour Justice Edwards in the High Court when Mrs. Elva Gallagher appearing for her husband but without her husband, and accompanied by Mr. John Gill and the Victims of the Legal Profession (about a dozen in number) handed in to His Honour Justice Edwards a plethora of paperwork which His Honour Justice Edwards agreed to receive and read and give his judgement in the month of October 2007. This was in July 2007.
His Honour Justice Edwards delivered his considered and lengthy judgement (which was also committed to writing) on the 8th of October 2007. His Honour Justice Edwards not only furnished each party with a copy of the said judgement but also took the time read his judgement in it's entirety to the Court, which is not only attend by the parties to the action but all other persons who are involved in any matters on that day. His Honour Justice Edwards provided both parties (Sean McGlynn and Elva Gallagher) with his judgement and the formal order was issued thereafter to both parties.
Daniel Gallagher and his wife Elva Gallagher (his representative) refused to accept that His Honour Judge Edwards actually made an order, espousing since that he merely gave an opinion.
The fact is, we have an order of Mr. Justice Edwards dated the 8th of October 2007 which says otherwise, and to quote:
"IT IS ORDERED that:
1. The said appeal herein be and is hereby refused.
2. The said Order of the Circuit Court be and is hereby affirmed.
3. The Plaintiffs do recover as against the Defendants the costs of this Appeal when taxed and ascertained.
Mr. Justice Edwards accepted and read all of the documentation both of the Plaintiffs, Sean and Catherine McGlynn, and the plethora of documentation presented to him by Mrs. Elva Gallagher (assisted by Mr. John Gill) on behalf of her husband Daniel Gallagher and made his decision on a totally informed basis.
Yet. Mrs. Elva Gallagher on behalf of her husband does not accept that an Order was made by High Court.
Despite the Orders of Judge O'Hagan and Mr. Justice Edwards Mr/s Gallagher continue to occupy the land by having cattle on the land and having a lock and chain on the gate.
Tuesday 11th November 2008
Mr. Daniel Gallagher was brought before His Honour Judge O'Hagan on foot of an Order made by Judge O'Hagan in the Circuit Court sitting at Cavan town on the 14th of October 2008 (when Mr. Gallagher did not appear) to give an account of himself as to why he would not obey an Order of this Honourable Court made on the 9th of May 2006 and affirmed by the High Court of the 8th of October 2007.
Mr. Gallagher chose not to come to the court voluntarily although his wife, Mrs. Elva Gallagher, was there at an early hour. Mr. Gallagher waited for the Gardai acting on foot of the Order of His Honour Judge O'Hagan to bring him to the court and was duly brought to the court by the Gardai.
When the case was called Mrs. Elva Gallagher as usual espoused her mantra of "fraud", "deception" and so on but with no logical explanation or argument to back her mantra up. Mr. Gallagher when asked a question by His Honour Judge O'Hagan had this to say: "My wife represents me.". Even though he was the one going to jail. His Honour Judge O'Hagan alluded to a certain website on which his name had been placed in conjuction with this case and his name mentioned in the most insidious manner and although he did not put the blame on Mr. and Mrs. Gallagher he was acutely aware of the fact of the association of Mr/s Gallagher with the persons responsible for this website.
Judge O'Hagan found Mr. Gallagher to be in contempt of his Order and ordered that Mr. Gallagher be committed to prison and remain there until Tuesday next 18th November unless he "purge his contempt" (complies with the Order by removing his cattle and vacating the lands). He is to be brought before the Court in Carrick on Shannon on Tuesday next 18th November when if he does not purge his contempt Judge O'Hagan may sentence him to a further term in prison or impose a daily fine which will continue until the Order is complied with.
While all of this is going on the beneficiaries in the U.S.A. are being deprived of the balance of their entitlement and inheritance. They have received their respective shares of the monies left by Mrs. Friel a considerable time ago but they have had an extracted wait for their share of the proceeds of the sale of the land concerned the sale of which has been agreed but cannot complete due to the actions of Mr/s Gallagher.
THE WILL OF MRS. MADGE FRIEL
Here is the Will of the late Mrs. Friel. This Will is no longer a confidential document as the maker is deceased and the Will has been probabated and therefore is a document of public record.
Click on the photographs to enlarge if you wish to read the details.
NOTE: Since adding the photographs of the Will of the late Madge Friel here on my blog I see a (badly) typed copy of her Will has now appeared on crookedlawyers.com.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
TUESDAY 18th NOVEMBER 2008
Circuit Court sitting in Carrick-on-Shannon, Co Leitrim
As per the Order of Judge O'Hagan on the 11th of this month, Daniel Gallagher was brought before Judge O'Hagan sitting at Carrick-on-Shannon this morning, having spent the previous seven days in prison. Niall O'Neill, Barrister for Sean and Catherine McGlynn indicated that the lands were still not vacated as per the Order of the Court and that there still remained a chain and lock on the gate as put there by Mr. Gallagher. This was not disputed by Mr. Gallagher or his wife Elva Gallagher nor their companion John Gill of the VPLS.
Nothing having been put forward by or on behalf of Mr. Gallagher, Judge O'Hagan after indicating that he had considered the matter for the past week, decided to release Mr. Gallagher from custody but imposed a fine of €50 PER DAY for as long as he continues to be in contempt of the Order made by Judge O'Hagan on the 9th of May 2006. These fines will accumulate day by day. Judge O'Hagan indicated that he would review the matter in 3 months if Mr. Gallagher has still failed to comply and that Sean and Catherine McGlynn be at liberty to bring a further Motion for Attachment and Committal if necessary.
The daily fine of €50 is a fine payable to the State and does not in any way benefit the beneficiaries of the late Madge Friel. If the fines are not paid, it will be a matter for the Court to arrange for collection of same. By our calculations, at the end of 3 months the fine will total approximately €4,500.
On a further Application by Sean and Catherine McGlynn for Attachment and Committal, Judge O'Hagan has the power to commit Mr. Gallagher to prison again or to continue this fine, or such other fine as he decides, for a further period, and indeed, indefinately.
However, my husband and I are considering alternative or other options in order to complete the sale of the lands and the administration of the estate.
We will keep you posted.
Mrs. Madge Friel was a delightful lady who lived alone in her family home in Termon, County Donegal, a small rural community. Her husband had predeceased her and her late brother Anton lived with her until his death in 1985.
My husband was first contacted by the Garda (police) sergeant in her area and asked to call with Mrs. Friel in her home as she needed some advice. He subsequently visited Mrs. Friel and as a result Mrs. Friel became a client of our office.
Following an injury at her home, she was admitted to the 'Lagan Valley' nursing home in Ballindrait, County Donegal, as a long time resident due to the fact that her nephews, nieces and closest next of kin were all resident in the U.S.A. We became acquainted with her niece, Mrs. Helen McCoy and her husband Thomas McCoy who we understand travelled to Ireland on a regular basis to visit Mrs. Friel and during one of their visits to Ireland, Mrs. Friel indicated through Mr. and Mrs. McCoy that she wanted to make her Will.My husband, Sean, attended with Mrs. Friel and took her instructions. At Mrs. Friel's request, myself and my husband were named as Executors of her Will simply because she had no-one in Ireland she could entrust with this obligation. NOTE: You can read the Will at the end of this post.
As we understood that this was important to Mrs. Friel, we took the time out to visit her at the nursing home on the 28th of December 1994 during our Christmas closed period. We had prepared the Will in accordance with Mrs. Friel's instructions and arrived at the nursing home for her signature.
On arrival, we were met by Mrs. Violet Ayton, owner of the Lagan Valley nursing home, who was aware of our intended visit and the nature of it. Mrs. Ayton handed me a piece of paper, telling us that Mrs. Friel wished to add the people named on the piece of paper to her Will. Hence a hand written Codicil had to be written on the day to annex her Will to include the persons on the list, one of whom was Violet Ayton herself. Hence, a handwritten Codicil was prepared on the day in order to deal with these additional beneficiaries and it was signed and witnessed at the same time, and in conjunction with, the Will prepared on the previous instructions, which Will and Codicil were clearly and slowly read over to Mrs. Friel before she signed these. Her signature was then witnessed by myself and my husband, both present at the same time and in her presence.
It is a STRICT rule of law in Ireland that NO witness to a Will can benefit from that Will.
Mrs. Friel had also executed a Power of Attorney in favour of my husband, Sean McGlynn, in order that he could make the necessary arrangements with the Ulster Bank, Letterkenny, for payment of the fees which had to be paid for her upkeep in the Lagan Valley nursing home in addition to the pension she was receiving, which pension was paid directly to the Lagan Valley nursing home. No monies, other than those paid to the Lagan Valley nursing home were withdrawn from Mrs. Friel's bank accounts.
Mrs. Friel, although fully lucid and capable at the time of the making of her Will, a fact verified by a letter from her attending Doctor, eventually began to suffer from dementia. Payments were still being made on foot of a standing order from her current account but these funds eventually became depleted. She did have another account which was not accessible on demand and required notice and documentation to be executed by, or on behalf of Mrs. Friel. Because of the fact that she was now incapable of managing her own affairs, the Power of Attorney which she had executed was now of no legal effect and therefore the bank would not accept either the signature of Mrs. Friel or Sean McGlynn to release these funds. Payments to the Lagan Valley nursing home therefore ceased but on the basis of an assurance from Helen McCoy (niece of Mrs. Friel) that any fees due would be paid, Mrs. Ayton, to her credit, agreed to await payment.
In her Will Mrs. Friel had sought to benefit, among others, her first cousin Mr. Anton Gallagher, who resided at Ballindrait (in the vicinity of the Lagan Valley nursing home), by leaving him one of her farms in Termon and had left her other farms in Termon to various other relatives and her good and helpful friend, Dan O'Donnell a long standing neighbour of hers.
Her cousin, Mr. Anton Gallagher, died on the 4th of March 2001 approximately 3 weeks before Mrs. Friel. Under the terms of the law of succession in Ireland, a person named as a beneficiary who predeceases the person making the Will does not benefit as a result and that gift or benefit must then be distributed among the persons entitled to the residue of the estate. The executors of the Will MUST follow this rule and are obliged to so do in their role as executors.
On the death of Mrs. Friel my husband contacted the nieces and nephews of Mrs. Friel, all of whom were beneficiaries of the residue of her estate, furnishing them with a copy of her Will and also (although he was not obliged to do so) wrote to the widow of Mr. Anton Gallagher out of respect and courtesy to inform her that Mrs. Friel had intended to benefit her late husband but that due to the fact that he predeceased Mrs. Friel, the gift was void.
Correspondence was received from the solicitor for Mrs. Anton Gallagher asking if there was any way in which she could take her husbands intended benefit. But as there were several nephews and nieces entitled to the residue of the estate, this would only be possible if they were all agreeable to surrender their interests in favour of Mrs. Gallagher. It immediately became apparent to my husband, Sean McGlynn, that a number of the said nephews and nieces were not prepared to do this and so he had to proceed on the basis that this farm, or land, would have to be sold and the proceeds divided among all of the nephews and nieces.
After a short period of correspondence with the solicitors for Mrs. Anton Gallagher nothing further occured and the matters proceeded in the normal way on the basis that the residue would be divided among the nephews and nieces.
It was not until some 2 or 3 years later when the administration of the estate was being finalised, involving the proposed sale of that land that we first informed that a claim was being made by Daniel Gallagher and his wife Elva Gallagher of Craigadoes, St. Johnston, County Donegal, that they had some entitlement to this land. It was not clear as to how they purported to have an entitlement to the land, was it simply on the basis that Mrs. Friel had intended to benefit Mr. Gallagher's father? Or was there some other basis on which they thought they were entitled to this land?
At any rate, a solicitor from Donegal wrote on behalf of Daniel Gallagher and his brother objecting to the sale of the land and was invited to support their objections on a legal basis. Which they did not. But because of the objection, our office informed the said solicitor that if his clients did not withdraw the objections that Court proceedings would have to issue to determine whether or not these objections were valid. No response was received. As a consequence, my husband and I issued the necessary proceedings in order to have the question determined.
It was then that correspondence was received from a third firm of solicitors, this time in County Mayo, representing Daniel Gallagher and his brother.
The case was eventually brought to court before Judge John O'Hagan on the 9th of May 2006 when Daniel Gallagher, his wife Elva Gallagher, and his brother were all present and were entitled to, and allowed to address the court. Mr. Daniel Gallagher's brother, who had already indicated at an early stage that he was not contesting the matter, was released from all proceedings and all liability for costs. However, Mr. Daniel Gallagher, but more particularly his wife, Mrs. Elva Gallagher (who is not related to Mrs. Friel) prevaricated at length, but no avail, on behalf of her husband and herself (although she was not named as a party to the proceedings).
His Honour Judge O'Hagan, having read and understanding the facts of the matter, made his judgement in accordance with the law as he is bound to do, dismissed the unfounded and unsubstantiated claims of the defendant, Mr. Daniel Gallagher, and granted and order in favour of the plaintiffs (myself and my husband), allowing them to proceed to administer the estate of the late Mrs. Friel in accordance with her Will and the law.
As was indicated by Mrs. Elva Gallagher on behalf of her husband Daniel Gallagher, an appeal was lodged with the High Court in Dublin. Without going into fine detail, the appeal was eventually listed before His Honour Justice Edwards in the High Court when Mrs. Elva Gallagher appearing for her husband but without her husband, and accompanied by Mr. John Gill and the Victims of the Legal Profession (about a dozen in number) handed in to His Honour Justice Edwards a plethora of paperwork which His Honour Justice Edwards agreed to receive and read and give his judgement in the month of October 2007. This was in July 2007.
His Honour Justice Edwards delivered his considered and lengthy judgement (which was also committed to writing) on the 8th of October 2007. His Honour Justice Edwards not only furnished each party with a copy of the said judgement but also took the time read his judgement in it's entirety to the Court, which is not only attend by the parties to the action but all other persons who are involved in any matters on that day. His Honour Justice Edwards provided both parties (Sean McGlynn and Elva Gallagher) with his judgement and the formal order was issued thereafter to both parties.
Daniel Gallagher and his wife Elva Gallagher (his representative) refused to accept that His Honour Judge Edwards actually made an order, espousing since that he merely gave an opinion.
The fact is, we have an order of Mr. Justice Edwards dated the 8th of October 2007 which says otherwise, and to quote:
"IT IS ORDERED that:
1. The said appeal herein be and is hereby refused.
2. The said Order of the Circuit Court be and is hereby affirmed.
3. The Plaintiffs do recover as against the Defendants the costs of this Appeal when taxed and ascertained.
Mr. Justice Edwards accepted and read all of the documentation both of the Plaintiffs, Sean and Catherine McGlynn, and the plethora of documentation presented to him by Mrs. Elva Gallagher (assisted by Mr. John Gill) on behalf of her husband Daniel Gallagher and made his decision on a totally informed basis.
Yet. Mrs. Elva Gallagher on behalf of her husband does not accept that an Order was made by High Court.
Despite the Orders of Judge O'Hagan and Mr. Justice Edwards Mr/s Gallagher continue to occupy the land by having cattle on the land and having a lock and chain on the gate.
Tuesday 11th November 2008
Mr. Daniel Gallagher was brought before His Honour Judge O'Hagan on foot of an Order made by Judge O'Hagan in the Circuit Court sitting at Cavan town on the 14th of October 2008 (when Mr. Gallagher did not appear) to give an account of himself as to why he would not obey an Order of this Honourable Court made on the 9th of May 2006 and affirmed by the High Court of the 8th of October 2007.
Mr. Gallagher chose not to come to the court voluntarily although his wife, Mrs. Elva Gallagher, was there at an early hour. Mr. Gallagher waited for the Gardai acting on foot of the Order of His Honour Judge O'Hagan to bring him to the court and was duly brought to the court by the Gardai.
When the case was called Mrs. Elva Gallagher as usual espoused her mantra of "fraud", "deception" and so on but with no logical explanation or argument to back her mantra up. Mr. Gallagher when asked a question by His Honour Judge O'Hagan had this to say: "My wife represents me.". Even though he was the one going to jail. His Honour Judge O'Hagan alluded to a certain website on which his name had been placed in conjuction with this case and his name mentioned in the most insidious manner and although he did not put the blame on Mr. and Mrs. Gallagher he was acutely aware of the fact of the association of Mr/s Gallagher with the persons responsible for this website.
Judge O'Hagan found Mr. Gallagher to be in contempt of his Order and ordered that Mr. Gallagher be committed to prison and remain there until Tuesday next 18th November unless he "purge his contempt" (complies with the Order by removing his cattle and vacating the lands). He is to be brought before the Court in Carrick on Shannon on Tuesday next 18th November when if he does not purge his contempt Judge O'Hagan may sentence him to a further term in prison or impose a daily fine which will continue until the Order is complied with.
While all of this is going on the beneficiaries in the U.S.A. are being deprived of the balance of their entitlement and inheritance. They have received their respective shares of the monies left by Mrs. Friel a considerable time ago but they have had an extracted wait for their share of the proceeds of the sale of the land concerned the sale of which has been agreed but cannot complete due to the actions of Mr/s Gallagher.
THE WILL OF MRS. MADGE FRIEL
Here is the Will of the late Mrs. Friel. This Will is no longer a confidential document as the maker is deceased and the Will has been probabated and therefore is a document of public record.
Click on the photographs to enlarge if you wish to read the details.
NOTE: Since adding the photographs of the Will of the late Madge Friel here on my blog I see a (badly) typed copy of her Will has now appeared on crookedlawyers.com.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
TUESDAY 18th NOVEMBER 2008
Circuit Court sitting in Carrick-on-Shannon, Co Leitrim
As per the Order of Judge O'Hagan on the 11th of this month, Daniel Gallagher was brought before Judge O'Hagan sitting at Carrick-on-Shannon this morning, having spent the previous seven days in prison. Niall O'Neill, Barrister for Sean and Catherine McGlynn indicated that the lands were still not vacated as per the Order of the Court and that there still remained a chain and lock on the gate as put there by Mr. Gallagher. This was not disputed by Mr. Gallagher or his wife Elva Gallagher nor their companion John Gill of the VPLS.
Nothing having been put forward by or on behalf of Mr. Gallagher, Judge O'Hagan after indicating that he had considered the matter for the past week, decided to release Mr. Gallagher from custody but imposed a fine of €50 PER DAY for as long as he continues to be in contempt of the Order made by Judge O'Hagan on the 9th of May 2006. These fines will accumulate day by day. Judge O'Hagan indicated that he would review the matter in 3 months if Mr. Gallagher has still failed to comply and that Sean and Catherine McGlynn be at liberty to bring a further Motion for Attachment and Committal if necessary.
The daily fine of €50 is a fine payable to the State and does not in any way benefit the beneficiaries of the late Madge Friel. If the fines are not paid, it will be a matter for the Court to arrange for collection of same. By our calculations, at the end of 3 months the fine will total approximately €4,500.
On a further Application by Sean and Catherine McGlynn for Attachment and Committal, Judge O'Hagan has the power to commit Mr. Gallagher to prison again or to continue this fine, or such other fine as he decides, for a further period, and indeed, indefinately.
However, my husband and I are considering alternative or other options in order to complete the sale of the lands and the administration of the estate.
We will keep you posted.
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