LEGAL AID lawyer, secret courts and social workers collude(d) to adopt (two) boys

13 11 11 Sunday ExpressInteresting, I changed the title of this article in the Sunday Express only slightly to match my observations over a number of years and cases: Legal aid lawyer, secret courts and social workers ‘collude’ to adopt two boys.

The two boys adopted by a gay couple despite their mother not consenting is one of many, many examples of parents expressing their grief and rage over injustice, cruelty and inhumanity.

‘The system’ uses dishonest money to pay people to ‘just do their job’. It makes use of

In Melissa Laird’s case, Claire Montgomery said:

You better prepare yourself for us to take your child, for there is no court in the land that will refuse us. And I will see to it that you’ll never see him again.

There are many groups on Facebook where parents grieve over their stolen children and tell the stories of their social workers and judges.

Hence I had to ask myself: do judges and social workers park their conscience or put it on hold?

About Sabine Kurjo McNeill

I'm a mathematician and system analyst formerly at CERN in Geneva and became an event organiser, software designer, independent web publisher and online promoter of Open Justice. My most significant scientific contribution is now a solution to the Prime Number problem: https://primenumbers.store/
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6 Responses to LEGAL AID lawyer, secret courts and social workers collude(d) to adopt (two) boys

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  5. Louise Harper says:

    Martin McGartland. The British Security Service, MI5, and the Home office use Secret court hearing in duty of care, aftercare case.

    Martin McGartland’s Solicitor said …. Nogah Ofer, the couple’s solicitor, argues that Mr McGartland’s role has already been confirmed.

    She said: “This attempt to keep secret what has already been openly admitted by the relevant Government agencies is profoundly shocking.” ……..

    Regarding her client’s case, Ms Nogah Ofer said: “There is no issue of national security because this case is nothing to do with his former work – it is purely about aftercare. It is about not paying for him to see a psychiatrist and not making disability payments.”

    Martin McGartland, who was shot seven times in Whitley Bay in 1999, is suing the Home Office after MI5 withdrew medical support and benefits
    Martin McGartland IRA Informer

    The case of an IRA mole who is suing the Home Office for compensation after MI5 withdrew medical support and benefits payments should be heard in secret, lawyers acting for the Government said yesterday.

    Martin McGartland, who was shot seven times in Whitley Bay, North Tyneside, in 1999, and his partner Jo Asher are taking action in a test case surrounding controversial new secrecy rules that deny defendants access to the evidence against them.

    A two-day hearing, partially heard in secret in London’s High Court at the end of this week, began after the Home Secretary Theresa May applied to have the case heard behind closed doors – known as a closed material procedure.

    These allow the judge and one party to a civil dispute to see sensitive evidence but prevent claimants and the public from knowing precisely what is being alleged. They were introduced by the Justice and Security Act, which came into force late last year.

    Ms May also wants to follow the “neither confirm nor deny” policy regarding whether Mr Gartland was ever an informant or agent of the state or not.

    Nogah Ofer, the couple’s solicitor, argues that Mr McGartland’s role has already been confirmed.

    She said: “This attempt to keep secret what has already been openly admitted by the relevant Government agencies is profoundly shocking.”

    Mr McGartland was shot as he sat in his car in Duchess Street, Whitley Bay, on June 17, 1999. But miraculously he survived, despite being shot six times at close range.

    No-one has ever been charged with the attempted murder, which double-agent Mr McGartland insists was carried-out by IRA hitmen.

    He has since written two books about his undercover work, Fifty Dead Men Walking – named after the estimated number of lives he is said to have saved during his time as an IRA mole – and Dead Man Running.

    The former was turned into a 2008 film starring Jim Sturgess and Ben Kingsley. Mr McGartland has also featured in a BBC documentary.

    He fell under suspicion by the IRA and was “arrested” by republicans in 1991 and interrogated for eight hours, finally escaping by jumping head first through a third-floor window. He was given a new identity and moved to England. Ms Asher, who is Mr McGartland’s fulltime carer, resettled with him after he was tracked down and shot seven times by an IRA hit squad at their home in Whitley Bay in 1999.

    Papers lodged with the court list instances in which Mr McGartland’s role has been confirmed by the Government or its agencies. Speaking outside court Ms Ofer said that the neither confirm nor deny policy should not apply in his case as precedents had already been set. She gave other examples of Northern Ireland-based government informants that have been publicly confirmed.

    One was Brian Nelson, a military intelligence agent within the Ulster Defence Association whose role was admitted by his commanding officer in court proceedings.

    Regarding her client’s case, Ms Ofer said: “There is no issue of national security because this case is nothing to do with his former work – it is purely about aftercare. It is about not paying for him to see a psychiatrist and not making disability payments.”

    The Belfast Telegraph revealed in February that Mr McGartland was unable to collect state benefits because MI5 warned him not to admit the cause of his trauma or his gunshot wounds.

    MI5 made up the shortfall, but stopped doing so after he gave an interview to the Northern Ireland newspaper and psychological counselling was also withdrawn.

    Judgement has been reserved on whether Mr McGartland’s case will be heard in open court.

    http://www.chroniclelive.co.uk/news/case-former-ira-mole-who-7303767

    Theresa May< Home office and MI5 seeks evidence-giving in secret in the aftercare, breach of duty of care Marin McGartland case

    John Aston

    Published: 19 June 2014

    Updated: 21:29, 19 June 2014

    An assurance of "secrecy forever" lies at the heart of the relationship between the British Security Service and its agents, the High Court has heard.

    The assertion was made as the Home Secretary applied for a declaration that her lawyers should be allowed to give evidence in secret to defend a damages claim being brought by IRA mole Martin McGartland.

    Mr McGartland, together with his partner and carer Joanne Asher, are suing MI5 for breach of contract and negligence in his aftercare following a shooting by the IRA which left him unable to work.

    A former agent of the Royal Ulster Constabulary Special Branch, Mr McGartland claims the security services failed to provide care for post-traumatic stress disorder and access to disability benefits.

    The west Belfast man's best-selling book about his experiences, 50 Dead Men Walking, has been made into a film.

    He blames "years of neglect" by MI5 for leaving him traumatised and unable to work because of his secret life.

    According to media reports, his high-profile case is the first of its kind involving court action between an agent and his former employers in the domestic security services.

    Home Secretary Theresa May is asking Mr Justice Mitting at London's High Court to allow closed material proceedings (CMPs) to be used when his case comes on for hearing to protect national security.

    If the judge allows the application, Mr McGartland, aged 42, and his lawyers will not be able to hear parts of the case or to see "sensitive material".

    Special advocates will be appointed to protect his interests.

    Powers to hold secret hearings were introduced in July 2013 under section 61 of the Justice and Security Act 2013 so that trials can take place in civil courts without damaging national security.

    Mr McGartland's lawyers have described CMPs as "a serious aberration from the tradition of open justice".

    They contend Mr McGartland's claim for damages for personal injury does not pose a risk to national security and will not expose any aspect of his undercover work as an informant against the IRA.

    They are also challenging the Home Secretary's decision "neither to confirm nor deny" (NCND) that Mr McGartland is a former agent.

    Mrs May's stance has meant there has been no response to Mr McGartland's specific allegations that the Security Service withdrew funding for medical treatment, was negligent in the changing of "handlers" and broke promises with regard to financial payments, the installation of a phone line and access to state benefits.

    Mr McGartland's legal team are arguing her stance is absurd and unlawful as public statements naming Mr McGartland as an agent have already been made by official bodies including Crown authorities, the police, MPs and the Bloody Sunday Inquiry.

    James Eadie QC, for the Home Secretary, said in a written argument before the court: "An assurance of 'secrecy forever' lies at the heart of the relationship between the Security Service and its agents.

    "The strict maintenance of the NCND principle is one of the most important means by which the Security Service makes good that assurance."

    Mr Justice Mitting proposed a compromise in which the Home Secretary would agree to it being taken as proved – for the purposes of the court hearing only – that Mr McGartland was an agent, without her having to abandon her NCND policy.

    The judge said this would enable the courts to deal with the central allegations of negligence and breach of duty of care, which was "what this case is really all about".

    The court will hear tomorrow whether the judge's proposal has been accepted by Mrs May, and whether it is acceptable to all parties.

    Mr McGartland's solicitor, Nogah Ofer, said before today's hearing that attempting to rely on secret evidence in a civil claim for damages "represents a slippery slope towards ever increasing secrecy undermining fair and equal access to the courts".

    She said: "Hiding behind 'Neither Confirm Nor Deny' is absurd when there has been official public confirmation for over a decade of Mr McGartland's role including acknowledgement that he has given valuable service to the country."

    McGartland's claim is being brought against the background of the IRA uncovering, in 1991, the fact that he was an informant and he escaped from a kidnap by throwing himself through a third-floor window.

    He had a second escape in 1999 when an IRA hit team tracked him down to his "safe" home in Whitley Bay, North Tyneside, where he was ambushed and shot seven times, leaving him with debilitating post-traumatic stress disorder.

    During a confrontation with an IRA gunman, McGartland put his hands over the gun barrel and sustained injuries to prevent his attacker from firing into his upper body or head.

    ends

    http://www.standard.co.uk/news/crime/theresa-may-seeks-evidencegiving-in-secret-9550368.html?origin=internalSearch

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