Martha thanks her solicitor Frank Gearty, during a phone call

On Monday, September 24, Martha called her attorney – Frank Gearty.
During the call, she thanked the attorney for his prompt action to protect her car from being destroyed.
Martha fully supports the actions of her current attorney – Frank Gearty.
She’s grateful for every action and preparations for next battles for clearing her from the absurd accusation.

The family thanked the attorney via e-mail on Tuesday, September 25.

Securing Martha’s car is very important.
We must only trust that Irish GARDA will follow clear and unambiguous dispositions of Martha’s attorney.
Probably enough strange things happened in Martha’s case already…
Maybe it’s time for some… normality…

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Quick response of the new attorney to an attempt of destroying Martha’s car – thank you

We thank very much to Martha’s current attorney – Frank Gearty, for very quick response to an attempt of destroying Martha’s car.
The attorney firmly turned to GARDA’s Superintendent.
He unambiguously obliged GARDA to properly secure the car.
Under no circumstances may the vehicle be destroyed, or any of important traces be erased which will be analyzed soon.
The car is a  very important evidence both in submitting the case to ECHR, and in re-submitting the case to the Court of Appeal in Ireland.

We thank very much for very quick and very firm response.

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Does GARDA seek to destroy evidence? – An attempt to destroy Martha’s car

Martha’s car was never thoroughly examined.
Examining it was and still is very important for the case.
Even now, after many years, it can be done.

Things that weren’t checked and examined:
– fingerprints on the steering wheel,
– fingerprints on the dashboard,
– fingerprints on the button which opens the window on the driver’s side,
– fingerprints on the handbrake,
– it wasn’t checked if the ABS system worked,
– it wasn’t checked if the ABS system was destroyed in the moment of hitting the electric box (first thing that car hit),
– it wasn’t determined WHO was braking and with WHAT: it wasn’t determined if it was Martha who was braking, ad if it was with a foot brake or a handbrake (despite the facts it was assumed that it was Csaba, who was braking with a handbrake – the handbrake wasn’t pulled in the car when it was pulled out of water)

GARDA Superintendent informed, that if he doesn’t get other suggestions, then Irish GARDA will have to destroy (dispose of) the car as of October 1.
Tt was justified by a large costs of storing of the car.
Is this only a cover?
Doesn’t  GARDA, under the pretext of high costs, want to destroy all evidence, which could be used to clear Martha of unjustified accusation?

(Information about the will of destroying the car was sent by the same GARDA Superintendent, who agreed to prolong Martha’s arrest during interrogation)

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Is Martha forbidden to give anything to others? On what basis?

On Friday, July 6, 2018, an unpleasant situation took place in Dochas Centre prison in Dublin.
Martha had already informed that when two friends will come to visit her, she will prepare next things to take.
Two, because one person would have problems to take all the things.
Previously, friends took some things on May 25.

Already at the entrance, two friends didn’t have to say anything, they even didn’t have to say their names. They’ve heard that they have things from Martha to take.
When Martha gave a large box to the officer, she asked: “Please, be careful, please, please”.
The officer took the box from Martha and thrown it on the floor.
Among others there were two clay works of Martha.
One of them broke immediately.
The officer said only: “I didn’t make it on purpose”.
Martha took broken work and she will try to glue it together.

After visit, the friends received the things on exit.
Large box and 4 paintings (new, painted by Martha).
They already had them in hands and only the last door remained…
Suddenly the officer stopped them.
She made a call, and it suddenly appeared that… Martha can’t give anything.
What’s more, that Martha was never permitted to give anything.
(Of course it’s not true, because in the beginning there was no problems)
Friends reminded, that they had take some things on May 25.
The officer replied, that they shouldn’t have been.

Of course Martha’s friends were very nervous.

What conclusions should we draw from that?
That GARDA does whatever it wants we know since long ago.
it doesn’t counts with anybody or anything.
It doens’t count with no law or rule.
It’s no new thing to us, that Martha is being discriminated.
Although we hoped that “climate had warmed” already, and that “normality” returned.

We’re not inside, we don’t know who is a good officer, and who is a mean officer? Who is a good person, and who “feels good” when he or she is mean to others?
Or maybe there is something else to it:
What someone is “officially”?
If we praise one of the prison officers, then later, in a way that is obvious to everyone, does he or she wants to manifest, that is treating Martha badly?
Is there still a need for pushing Martha around in Dochas Centre prison in Dublin?

We feel sorry for people who can’t be good persons.
We feel even more sorry for those GARDA officers, that draw satisfaction and joy from being mean…
One needs to be human all the time…
Not just from time to time…

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Second Enormous Request – WE ASK YOU VERY MUCH for valuable advice regarding preparing the application for European Court of Human Rights

Due to preparing of Martha’s case for submission before European Court of Human Rights in Strasbourg, WE ASK YOU VERY MUCH for help.
We ask people with experience for professional advice.
Maybe we have missed something important.

It’s no secret what arguments will be used.
It will be at least 3 main points:
1. Lack of translator in the beginning and accepting by the court of a single, unconfirmed testimony of a witness, about the words allegedly spoken by Martha.
2. Lack of a solicitor in the starting period of testimonies before GARDA.
3. … (this we don’t to reveal at this stage).

At least three main points, the rest is a background.
The background of the case is:
media campaign against Martha,
sentencing Martha by the media before the trial,
carelessness of the investigation
,
the way and the length of interrogation by GARDA,
interpreting all the circumstantial evidence to the detriment of Martha,
skipping the facts that could disprove the validity of these circumstantial evidence,
discrimination on every stage.

These are our initial thoughts in case of Martha.
We will be grateful for every advice and conclusions.

We ask very much for every suggestion that can be useful during preparing the application for European Court of Human Rights.

We ensure confidentiality.
Valuable suggestions please send to the e-mail addres:
help@helpformartha.org

We thank you fro the heart for help.
We will accept any suggestion with appreciation.

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Expected, disgraceful decision? – Irish Supreme Court doesn’t want to take up the case of Polish woman – Martha Herda

On Monday, May 21, 2018, a disgraceful, unfavorable decision was made.
Supreme Court in Ireland decided that it doesn’t want to take up Martha’s case.
In the afternoon, the same day, the family informed Martha about this.
They wanted to tell this to Martha themselves.
Although they had only 6 minutes of phone call for this.
On this day Martha was happy and excited.
She looked at the new cell, in which she will live.
Especially on this day Martha called the family earlier.
She was passing on good news.
The second phone call that day – was the family, passing on the information… completely differen…
Martha broke down…
“There is no more hope for me…”

Earlier the family couldn’t handle the knowledge themselves…
In their naivety everyone was a little bit counting for a minimum of honesty in Ireland…
The effort of so many kind people, internet sites, so many meetings, letters to the Court, actions of Polish Embassy, Polish ministries, and…
NOTHING.

The Supreme Court doesn’t want to take Martha’s case.
Why?
We don’t know the details yet.

Martha received a paper copy of the decision of the Supreme Court on Wednesday.
On Monday evening, as of now former attorney of Martha – Thomas Honan – sent her the decision by post.
(He sent it by post, although he knew, that Dochas Centre prison doesn’t respect the European Prison Rules, and opens the correspondence from the attorney).
The decision is written in English and Martha doesn’t understand it’s content.

Could such decision be expected?
Probably yes.
“The atmosphere” unfavorable for Martha.
The judgement issued earlier by the media.
Promotions and financial bonuses for the prosecutors.
So many meaningful and important people had set up against Martha.
Why change it?
Why undermine the decision of colleagues?
For a poor Polish woman?…

Doesn’t matter, that the world is laughing…
The charge of premeditated murder?
For a driver of a car falling into the water?
No logic, no thinking…
It seems you can survive it…
Maybe it’s easier to survive the giggles of thinking world, than to admit a mistake…
It doesn’t matter, that a poor Polish girl is suffering…
Maybe she deserved it…

Martha naively expected a JUSTICE from the court.
She went to the court for JUSTICE.
The prosecution came to the court for a VERDICT.
Verdict had to be most severe for Martha.
So it will guarantee points in the effectiveness ranking, fame, promotions, money…
And that it was at the expense of a poor young girl…

Is it time that Europe will get to know the judicial system in Ireland more?
Is it time that Europe too look at the paths, with which the “thought” (the word “thought” is a great misuse here, “nonthought” fits better) of Irish prosecutors, judges, GARDA, traveled before it came out to the light in a form of such ridiculous accusation?
And such a disgraceful verdict could be repaired in an “own” backyard…
Without international shame…

Maybe there is still a chance for that…
But how many chances can be given to the Ireland?…
How long one can have good intentions, and wait until someone comes to senses…
…apologizes, fixes…

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Contacts

Marta Herda Dóchas Centre
North Circular Road
Dublin 7
Ireland
Monika Łyżwa
Martha’s sister, procurator
monika@helpformartha.org
Rodzina Marty contact@helpformartha.org
Mary O’Connor
Prison governor
Dóchas Centre
North Circular Road
Dublin 7
Ireland
Patrick McCarthy
Judge leading the case
First jury
7 women and 5 men
Chairman of first jury
woman, she did not confess she was an employee of An Garda Síochána
Second jury
8 men and 4 women
Chairman of second jury
man
George Birmingham
Alan Mahon
Maire Whelan
Judges of Court of Appeal
Helena Kiely Head of prosecutor’s office
Brendan Grehan SC
(Junior Counsel 1989, Senior Counsel 2003)
Prosecutor
Paul Murray SC
(Junior Counsel 1985, Senior Counsel 2017)
Prosecutor
Thomas E Honan Martha’s solicitor
Michael Liam O’Higgins SC
(Junior Counsel 1987, Senior Counsel 2000)
Barrister only for the first day
Giollaiosa Ó Lideadha SC
(Junior Counsel 1989, Senior Counsel 2006)
Barrister
Niamh Foley BL
(Junior Counsel 2006)
Barrister

 

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How it was possible to not take fingerprints from Martha’s car?

Prosecutor, during the trial in court, said that Martha used the car as a “murder weapon”.

It’s probably the first case in history of European forensics, that nobody has taken fingerprints from the “murder weapon”.

Sticking to the terminology of the prosecutor:
Due to the lack of fingerprints taken from the car – the prosecutor doesn’t even knows who held this alleged “murder weapon”, who pulled the symbolic “trigger”.

Stating, that Martha’s car was used as a “murder weapon” is far from truth.

Why prosecutor’s statement, that Martha’s car was used as a “murder weapon” can’t be true?

Which argument convinces you? Select and vote (you can select more than one answer or provide your own).
3 votes · 0 answers
vote

Or maybe Garda’s actions were correct?
Fingerprints were not taken from the car, only water samples were taken: both from the river (site of accident) and from the sea (place where Csaba’s body was found).

The cause of Csaba’s death was not car but… water.

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