About the correspondence, which can not be supervised it is written:
“Can I send any letters which will not be inspected?
Yes. Letters to certain organisations or bodies will not be opened before they are sent and will be posted without delay. These include letters to:
your solicitor (legal advisor),
the Minister for Justice,
the Prison Visiting Committee,
the Inspector of Prisons,
the European Court of Human Rights,
the Irish Human Rights Commission,
the Parole Board,
the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), and
the International Red Cross.
Incoming mail from your solicitor or any of the organisations or bodies listed above will only be opened to make sure that it is from your solicitor or one of the listed organisations. If any letter addressed to you is to be examined, it must be opened while you are there.” (bolded by us).
The only consignment, that Martha received before Christmas, were “wishes from the prosecutor”. The prosecutor “wished” Martha, that Supreme Court would not consider Martha’s case anymore, because everything was all right. There were 11 pages of such “wishes”.
The prosecutor filed such a letter to the Court on 25th of December 2018. On 18th of December, Martha’s current solicitor forwarded her the letter, and it was delivered to her last day before holidays – on 22nd of December. It was the only consignment delivered to her before Christmas.
The letter is in English, and Martha understands little of it. It’s probably a position of prosecutor’s office regarding Martha’s application to Supreme Court. The prosecutor’s office presented their position, that Martha’s case shouldn’t be processed by Supreme Court, because everything was all right. Martha thinks that this is what it’s about, because “the letter has the same tables” (Martha’s words) as her application, which she was acquainting with.
Is this a proper treating of Martha and her family by current solicitor? Shouldn’t Martha, in such important matter, receive a letter in polish language? Shouldn’t Martha’s family, especially her sister which holds all powers of an attorney, receive the letter along with translation?
All of this does not prevent Martha’s current solicitor to rest, celebrate, maybe have a good fun on New Year’s Eve, and get back to work in some day after New Year’s Day. And Martha and her family has to live in uncertainty, what letter Martha received from prosecutor’s office. Martha’s life is at stake, and nobody provides even basic information.
Christmas is especially family time, for families, that for different reasons can not be together, they are time which is “difficult to endure”. When you get such a letter from prosecutor’s office, on the last day before holidays…
Martha fought for her life with storm, she fought against the tide, today she struggles with unfeeling irish system, which so easily gives highest sentences to foreigners.
On friday, 22nd of december, Martha received an information from Prosecutor’s Office, that the office doesn’t agree for the case being reviewed by the Supreme Court in Ireland.
On 11 pages the position of Prosecutor’s Office was presented, that Martha “should not get an appeal” (Martha’s words). Martha received that only in english. She didn’t received it translated to polish language, and she doesn’t understand the material.
Martha’s sister, who holds all powers of attorney, didn’t get any information.
Neither from Prosecutor’s Office, nor from Martha’s current solicitor.
If the letter received by Martha is a letter from Attorney General, then it means that one of three people who are deciding about case being reviewed by Supreme Court, just made a negative decision.
The position of Prosecution’s Office wasn’t and still is no surprise for nobody. On this stage it would be surprizing, if Prosecutor’s Office would want to admit to any mistake they made.
Was delivering of such information to Martha just before Christmas planned, or it simply came out that way??
On friday Martha reveived a draft of appeal to the Supreme Court translated to Polish language.
Martha consulted and talked with her sister by the telephone.
Later Martha’s sister informed Martha’s current solicitor about agreeing for submitting the appeal to Supreme Court in proposed wording.
It was a very difficult decision.
The solicitor was supposed to submit the appeal to the Supreme Court the same day.
On wendsday, 29th of november, Martha’s sister, who has every power of attorney to represent her MArtha, called Martha’s solicitor to deliver a final draft of appeal to Supreme Court translated to Polish language.
She indicated that the right to get acquainted with such a project is Martha’s constitutional right.
Considering lack od such translation, Martha can not refer to it.
The importance of the case requires also, that Martha has a reasonable amount of time, to get acquainted with the document.
If the lawyer fails to do so, he obliges the lawyer to submit an appropriate application to the Court to postpone or extend the time to submit the appeal to the Supreme Court.
Yesterday evening Martha held a meeting with her current solicitor, barrister, and translator.
The meeting was particularly difficult. She recalls she almost fainted.
Martha didn’t get the proposal of the appeal to Supreme Court in Polish, a language she understands.
On friday Martha’s sister asked Martha’s solicitor questions regarding the date of submitting the appeal to Supreme Court. The same day the solicitor sent by email few answers (thank you) to question asked earlier.
In one of the letters, as we understand it, he informed that on 6th of november he received a correct justification of the verdict of the previous instance and that from that day there is 4 week for submitting the appeal to Supreme Court.