Irish 'involved' in Bolivia 'assassination attempt'

[cactusflower]

But which version of the facts will the Bolivian government offer? The authorities have given a few conflicting accounts, but not one that tallies with any witness statements. The hearsay basis of much alledged evidance would never stand up in an Irish court (and I suspect not a Bolivian one either). Add to that that the evidance chain is contaminated beyond anything that a could be used in any proper court. It was collected by a team that already has given information at odds with autopsy findings.

If anyone is hoping for some vindication for La Paz and comdemnation for Dwyer, brace yourself for disappointment. If, and its a big if, the La Paz government chooses to co-operate they have less than a month to do what they have not been able to do in six, and thats get their story streight.

I'm not really sure what you're asking for. The Bolivians have a cross party enquiry under way and a trial process, which seems to me to be moving forward as quickly as it can, and has been subject to legal challenge, which would suggest that the judiciary is reasonably independent.

Neither of the processes as far as I'm aware complete, so I assume you are going on press reports, some of which are from papers that are extremely hostile to the Government.

Would you rely on British tabloids for information on an Irish case?

It is too early to know whether or not the trial and investigation is fair or not, so it looks like prejudice when people keep jumping the gun and complaining about the trial.

[Galtee]

On Friday last, Rossport resident Monica Muller won her case and judge Mary Devins convicted Shell of contempt of a court order, sentencing is adjourned to the 17th September. Remember it was the conviction of contempt that jailed 5 of Monica's neighbours back in 2005! This will have serious repercussions for Shells plans to lay their pipeline through Rossport (probably under the protection of IRMS).
The decision means that in the eyes of the courts Shells hands are now dirty and it will be interesting when Shell seek the protection of the courts in future. Shell have been convicted of showing total disregard for Irish law and disrespect for the Irish courts, I wonder if there are any other aspects of their project where they have shown similar contempt for the law?

[Thac0man]

I'm not really sure what you're asking for. The Bolivians have a cross party enquiry under way and a trial process, which seems to me to be moving forward as quickly as it can, and has been subject to legal challenge, which would suggest that the judiciary is reasonably independent.

I am not sure where you get the impression that a trial process is under way. Those arrested when Dwyer was murdered are still rotting in jail without having a day in court while the Bolivian government persues people who allegedly are associated with them. Those people are persued and publically condemned on the basis of "evidance" that has not seen the inside of any courtroom.

You are right in saying though that the Judiciary in Bolivia does seem to be challanging these politically motivated Kangaroo persecutions. I would say "Kangeroo courts", but it seems the Morales government is prepared to circumvent judicial procedure, as they did when they killed Dwyer, to hound down their opponents at any cost. Thus the government appointed prosecuter has become judge and jury.

All this based on a plot that is still only an allegation. The alledged plot is a pretext to find anything to attack Morales demorcatic opponents in Boliva and that is what the investigation has turned into.

It seems Flores was engaged in an illegal act but by his own admission that was settting up a self defence militia for Santa Cruz. The hard evidence to date does support that, but only that. But even that illegal act cannot be judged to be immoral (though it was illegal) given the Morales governments demonstrated ability to execute at will, circumvent due process and tamper with evidence. Given the Morales government has its own Militia of 25,000 Poncho Rojas, who it seems are not to be investigated for the bombing of the cardinals house, its hard for the Morales government to claim any highground, legal or otherwise.

[toxic avenger]

Advierten postura policial en caso de terrorismo en Bolivia

07 de septiembre de 2009, 16:24La Paz, 7 sep (PL) El ministro de Gobierno de Bolivia, Alfredo Rada, advirtió hoy que la Policía Nacional ejecutará las órdenes de aprehensión emitidas por la Comisión de Fiscales al frente de la investigación sobre la banda terrorista desarticulada en abril último.

Rada señaló que aunque exista la intención de algunos jueces prevaricadores de llevar el caso a otros distritos, la acción está y seguirá radicada en La Paz.

Sobre el empresario y ex dirigente radical del Comité Cívico Pro Santa Cruz, Branco Marinkovic, expresó que aún está incluido en un proceso judicial en curso.

Cuando exista una orden de detención ajustada a la ley, la policía hará cumplir lo que disponga el Ministerio Público y el juez Cautelar de la causa en contra de Marinkovic.

Tanto el nombre del ex dirigente cívico como el del prefecto cruceño, Rubén Costas, fueron mencionados en la pesquisa sobre el caso, como los presuntos financiadores del grupo armado, neutralizado por la policía en abril último en la ciudad de Santa Cruz.

La banda, encabezada por el croata-boliviano Eduardo Rózsa, pretendía desatar una sedición militar en la oriental región, con el objetivo de escindirla del resto de Bolivia, para lo cual, según la investigación, recibió apoyo de la élite local.

Rózsa murió en la operación policial, en la cual también perdieron la vida Magyarosi Arpád (húngaro-croata) y Michael Martin Dwyer (irlandés).

Dos días más tarde apresaron a Juan Carlos Gueder y al paraguayo Alcides Mendoza, miembros confesos de la Unión Juvenil Cruceñista, brazo de choque del opositor Comité Cívico de Santa Cruz.

lma/por

Noticias de Prensa Latina - Advierten postura policial en caso de terrorismo en Bolivia

Which babelfishes as this semi-gibberish, though you get the gist...

They notice police position in case of terrorism in Bolivia Pdf To print Email Monday, 07 of September of 2009 07 of September of 2009, 16:24 La Paz, 7 sep (PL) the minister of Government of Bolivia, Alfredo Road, noticed today that the National Police will execute the orders of apprehension emitted by the Commission of Public prosecutors to the front of the investigation on the disarticulated terrorist band in last April. Road indicated that although the intention of some prevaricadores judges exists to take the case to other districts, the action is and will follow been in La Paz. On the industralist and ex- radical leader of the Civic Committee Pro Santa Cruz, Branco Marinkovic, expressed that still it is including in a judicial process in course. When an order of halting fit to the law exists, the police will make fulfill what has the Public Ministry and judge Cautelar the cause against Marinkovic. As much the name of the ex- civic leader like the one of the prefect cruceño, Rubén Coasts, were mentioned in the investigation on the case, like presumed the financial ones of the armed group, neutralized by the police in last April in the city of Santa Cruz. The band, headed by the Croatian-Bolivian Eduardo Rózsa, tried to untie a military sedition in the Eastern region, with the aim of splitting it of the rest of Bolivia, for which, according to the investigation, it received support of the local elite. Rózsa died in the police operation, in which also they were killed Magyarosi Arpád (Hungarian-Croatian) and Michael Martin Dwyer (Irish). Two days later catched to Juan Carlos Gueder and the Paraguayan Alcides Mendoza, confesos members of the Youthful Union Cruceñista, arm of shock of the competing Civic Committee of Santa Cruz. lma/by

I like that 'disarticulated last April'...

[Galtee]

The Dublin county coroner, Dr Kieran Geraghty is to hold an inquest next month into the shooting by Bolivian special forces of Tipperary man Michael Dwyer. The coroner will have significant leeway in what direction his inquest will take, and Dr Geraghty has shown in the past his ability to cause ripples far beyond the walls of the coroners court. It is uncertain as to how far Dr Geraghty will go in relation to allegations of mercenary involvement, given the fact that Dwyer was ‘apparently’ (I have argued ‘definetly’) recruited for the Bolivian adventure by East European rightwingers with whom he was working with as a security guard for IRMS on Shells Corrib Gas pipeline. Given that the Gardai, the PSA and the Dept of Justice have demonstrated a complete lack of interest even when evidence to confirm these allegations has been brought to their attention, I think it would make good sense to compile a short letter from a few posters to the county coroner - maybe set up a secure google doc?

by the way look at todays Irish Times - Shell are Judge Devins are on a collision course - watch out for it

[cactusflower]

I am not sure where you get the impression that a trial process is under way. Those arrested when Dwyer was murdered are still rotting in jail without having a day in court while the Bolivian government persues people who allegedly are associated with them. Those people are persued and publically condemned on the basis of "evidance" that has not seen the inside of any courtroom.

You are right in saying though that the Judiciary in Bolivia does seem to be challanging these politically motivated Kangaroo persecutions. I would say "Kangeroo courts", but it seems the Morales government is prepared to circumvent judicial procedure, as they did when they killed Dwyer, to hound down their opponents at any cost. Thus the government appointed prosecuter has become judge and jury.

All this based on a plot that is still only an allegation. The alledged plot is a pretext to find anything to attack Morales demorcatic opponents in Boliva and that is what the investigation has turned into.

It seems Flores was engaged in an illegal act but by his own admission that was settting up a self defence militia for Santa Cruz. The hard evidence to date does support that, but only that. But even that illegal act cannot be judged to be immoral (though it was illegal) given the Morales governments demonstrated ability to execute at will, circumvent due process and tamper with evidence. Given the Morales government has its own Militia of 25,000 Poncho Rojas, who it seems are not to be investigated for the bombing of the cardinals house, its hard for the Morales government to claim any highground, legal or otherwise.

In Bolivia the system is adversarial as in France. From the reports posted here, considerable work has been done by the prosecuting team and there have been a number of public hearings. These were stopped by the moves from the Santa Cruz rightists to have the trial heard in Santa Cruz.

I agree that there is overwhelming evidence thatan illegal militia has been set up by Flores and his associates. There is also evidence that he was involved in bombing the cardinals house.

On the ponchos rojas, that is not correct. Morales government ordered them to disarm (from the photos, their arms are first world war in any event).
Personally, I disagree with that and think they should be legitimised and properly trained and accountable. The peasants have come under so many appalling attacks and they need self-defence capacity in remote areas.

If you want to put a bit of perspective on this, the British have just sentenced some people in the north for having pipe bombs after holding them in jail for two and a half years.


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[El Libre]

The Dublin county coroner, Dr Kieran Geraghty is to hold an inquest next month into the shooting by Bolivian special forces of Tipperary man Michael Dwyer. The coroner will have significant leeway in what direction his inquest will take, and Dr Geraghty has shown in the past his ability to cause ripples far beyond the walls of the coroners court. It is uncertain as to how far Dr Geraghty will go in relation to allegations of mercenary involvement, given the fact that Dwyer was ‘apparently’ (I have argued ‘definetly’) recruited for the Bolivian adventure by East European rightwingers with whom he was working with as a security guard for IRMS on Shells Corrib Gas pipeline. Given that the Gardai, the PSA and the Dept of Justice have demonstrated a complete lack of interest even when evidence to confirm these allegations has been brought to their attention, I think it would make good sense to compile a short letter from a few posters to the county coroner - maybe set up a secure google doc?

by the way look at todays Irish Times - Shell are Judge Devins are on a collision course - watch out for it

Anyone here with legal knowledge who could advise on whether a citizen with no direct involvement in a case can provide information to a coroner in advance of an inquest? Would it be counterproductive or would it be considered interference with the course of justice?

[cactusflower]

Its possible that a phone call to the Court might get a reply on that.

[toxic avenger]

There's a brief mention of the coroner's role on page two or three of the current Phoenix, pretty much word for word what Galtee posted above. I'm not quite sure how it would be possible for a coroner to go beyond cause of death into such a question as what he was doing out there. I would highly doubt it would go beyond 'he was shot at close range' kind of thing. Either way, I imagine the coroner would be savvy enough to know that politically-motivated petitioning is inevitable, he'd probably ignore most of it.

[El Libre]

There's a brief mention of the coroner's role on page two or three of the current Phoenix, pretty much word for word what Galtee posted above. I'm not quite sure how it would be possible for a coroner to go beyond cause of death into such a question as what he was doing out there. I would highly doubt it would go beyond 'he was shot at close range' kind of thing. Either way, I imagine the coroner would be savvy enough to know that politically-motivated petitioning is inevitable, he'd probably ignore most of it.

The article in the current Phoenix refers to Clane Hospital. Here is what the Independent of 24 September 2008 said:

Dr McDonagh agreed with the Coroner Dr Kieran Geraghty that Mr Higgins would have been better off having "such an operation" in a general hospital than in a hospital like Clane, in the event of complications arising.

Coroner Dr Kieran Geraghty said he would write to the Department of Health and request an assessment of Clane Hospital.

This is not the only example of this particular coroner moving a bit beyond 'cause of death' in the course of an inquest. Now for understandable reasons Michael Dwyer's family may want the coroner to concentrate on the question of whether their son was unlawfully killed, which is a perfectly legitimate avenue of enquiry. The powerful interests we have mentioned here might also find it convenient that evidence heard should not stray too far from this area. Who then would place before the coroner the kind of evidence we have assembled and reviewed on this thread, indicating that Dwyer was a member of a paramilitary group recruited at least partly in Ireland from among serving and former employees of IRMS working on the Shell Corrib project? Or that this group went to Bolivia to work with the fairly infamous Balkan War veteran Eduardo Rozsa Flores in order to destabilise the government of Evo Morales, being effectively caught in arms by the authorities on April 16th last? And who would respectfully ask the coroner to consider as pertinent evidence the following photograph of Dwyer and Flores posing with weapons and celebrating the new year just passed with a clear threat of violence (note again the arrow from 2009 to the bullet)?

Una pregunta para los bolivianos: ¿que dará pruebas al forense en Dublín, Irlanda, el 13 de octubre para mostrar por qué Michael Martin Dwyer fue baleado por sus fuerzas de seguridad?