National Union of Journalists - Stitch-Up - Abuse of Process
Séamus Dooley, Barry Fitzpatrick and John Fray
From each according to their inabilities, to each according to their greed.
Introduction
The issues in a frivolous and vexatious disciplinary complaint by Jeremy Dear, NUJ General Security and Michelle Stanistreet against Paul Trummel an NUJ member (the Journalist) now effectively classify as sub judice. The NUJ complaint retaliated for the Journalist demanding his member and human rights.
Referrals to several UK police divisions presently await investigation of Dear, Stanistreet and other NUJ employees for criminal activity. Dear and Stanistreet exacerbated the situation by trying to preempt criminal proceedings. They have orchestrated a string of sycophants who have convened a National Executive Council committee hearing using jurisdictional arbitrage in violation of NUJ rules and UK laws. [A Patent Stitch-up]
They have unlawfully used international arbitrage in an abuse of process by ignoring the fact that the issues effectively became sub judice after police referral. Those referrals will now involve investigation by Independent Police Complaints Commission (UK) and Crown Office and Procurator Fiscal Service (Scotland) due to dereliction by, and alleged collusion among, NUJ officials and UK police officers.
[Law Enforcement Railroading]
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Justice relies upon principles and procedures founded in law and precedent; otherwise, a state of anarchy exists which has no place in a democracy. NUJ member apathy and anarchy has resulted in illegal actions by an extreme left splinter group (NUJ-Left). NUJ officials and officers using railroading techniques with a total disregard for rules, law, and mandated procedures have prevented resolution of legitimate complaints by the Journalist.
Choreographed by a psychopathic (sociopathic) general secretary and a rogue lawyer with the support of sycophants, they have, by subverting NUJ rules and UK law, forced the Journalist to exhaust all ethical avenues and to bring criminal charges to protect his human and civil rights. NUJ has now resorted to jurisdictional arbitrage in a further abuse of process. As in financial arbitrage, judicial arbitrage depends on political and financial expedience. [Sociopath]
NUJ switches legal process between jurisdictions to confuse and manipulate due process of law: an abuse of process that denies justice to its members. Jurisdiction “shopping” or arbitrage primarily denies due process by taking advantage of discrepancies in law among competing jurisdictions.
Jurisdictional arbitrage unlawfully changes a legal venue by denoting various international geographical locations that suit the arbitrager. NUJ has unlawfully devolved the issues presently subject to criminal investigation under English law to Scotland and Republic of Ireland. By that, they have attempted to preempt that investigation and to manufacture evidence to pervert justice.
Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the power of the branches of government. A practical authority granted to a formally constituted legal body or to a political leader, it deals with and makes pronouncements on legal matters. Jurisdictional arbitrage and international anarchy negate those processes. [Anarchy and Apathy]
A political concept, anarchy holds all forms of authority unnecessary and undesirable. It advocates a society based on voluntary cooperation and free association of individuals and groups despite rules and laws to the contrary. It destroys democracy in favor of special interest splinter groups or cabals.
NUJ has descended to a level which neglects to control lawlessness and disorder. It has ignored trade union principles and laws and shown the absence of a political authority and cohesive principles that predicate upon a common standard or purpose.
Anarchy does not exist as an essential component or characteristic of international relations; instead, it defines as a construct within a state or a federation of states. As with domestic anarchy, international anarchy does not conform to any particular practice or laws. The anarchistic ideology effectively leaves individual countries and federations leaderless without a legitimate government.
Consequently, no coercive power exists to resolve disputes, enforce law, or order the system to comply as in domestic politics. This does not signify a world in chaos, disorder, or conflict; instead, it reflects order without central authority or government control. It allows jurisdictional shopping which denies domestic due process of law: an abuse of process in any one of the federated states.
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Arguably, both Séamus Dooley, NUJ Irish Secretary and John Fray, former NUJ Deputy General Secretary (DGS) report directly to Jeremy Dear, NUJ General Secretary: the principal perpetrator of the latest scam. NUJ rules state that: the General Secretary shall be the chief officer of the union and shall perform such duties as required by law or NUJ rules.
Those rules state that Dear shall engage in furthering the objects of the union in negotiations as a spokesperson and representative of the union (as directed by either a Delegate Meeting (DM) or the National Executive Council (NEC)). The rules do not permit him to form or allow political splinter groups to harass NUJ members for political expedience.
[Dooley Letter] [Fray Letter]
Dooley has not disputed the assertion that Dear and Stanistreet harassed a member by filing a false and misleading complaint against him. Despite tacit acceptance, Dooley has acted as a straw for former NUJ Deputy Secretary John Fray, who has claimed the title “servicing officer” and acts as principal in the extension of a kafkaesque stitch-up now under criminal investigation by five UK police divisions. [Franz Kafka]
NUJ Irish Branch has conspired with NUJ Scottish Branch to establish a pattern or practice of international arbitrage. Evasion of criminal charges already referred to UK and Scottish police divisions by unlawful arbitrage violates several sections of The Human Rights Act 1998 (HRA). HRA imposes an obligation on police divisions and domestic courts to give effect to primary legislation in a manner compatible with convention rights incorporated in that Act. [Human Rights Act]
Fray has convened a hearing by an NUJ/NEC disciplinary committee (04, 05, or 07 Oct 10) in contravention of convention rights, knowing that the Journalist cannot attend due to work assignments outside UK. The previous hearing held in absentia constituted one of the kangaroo courts for which NUJ and its rogue lawyer Roy M Mincoff have become notorious. [Mincoffs Flying Circus] [Kangaroo Courts]
Dooley has insinuated himself into NUJ UK affairs in an attempt to devolve responsibility for a stitch-up to the Republic of Ireland in the same way that the original hearing was devolved to Scotland. As NUJ Irish Executive Council (IEC), and by extension the Irish Secretary, has power only to deal with matters directly affecting NUJ Irish members (with certain exceptions not relevant to the current issues). Dooley’s latest actions attempt to grant Fray impunity through international arbitrage which defines as abuse of process.
Dooley claimed that “The Irish office is providing administrative support and a specific NUJ email address... has been set up to deal with all email correspondence.” That unlawful email alias constitutes a fraud known as “spoofing”.
In spoofing, the sender alters the address and other parts of the email header to appear as though the email originated from a different or anonymous source. The recipient does not know who sent the message; therefore, s/he does not know against whom to file a complaint.
NUJ frequently uses spoofing to hide the origin of email messages, effectively to protect itself from liability for content or give the impression that the email has come from a third party. If the spoofing involves intent to tamper with evidence in legal or disciplinary proceedings, then it classifies as a serious criminal offense.
Abuse of Process
Séamus Dooley, NUJ Irish Secretary and John Fray, former NUJ Deputy General Secretary have commenced another stitch-up. They have altered the original charges against the Journalist then convened an NEC panel to investigate them. By that, they have evaded the responsibility for Ethics Council to hear the charges and have referenced an NUJ rule not in evidence at the first hearing.
[A Patent Stitch-up]
Dooley and Fray have knowingly committed another abuse of process by unlawfully convening an NEC panel to investigate complaints already filed with both Metropolitan (Camden) and Strathclyde police divisions (now effectively sub judice). Fray has attempted to preempt legal process pending a filing with Independent Police Complaints Commission (UK) and Crown Office and Procurator Fiscal Service (Scotland) for dereliction of police duty of care and obstruction of justice. [Law Enforcement Railroading]
The term “abuse of process” defines as neglect to insure due process of law by subverting legal or disciplinary proceedings with intent to acquire jurisdiction over an NUJ member. NUJ officials and officers used unsubstantiated declarations to support evidentiary assertions. Moreover, they did not provide: notice of a hearing; documents substantiating their claims; reference to the NUJ rule under which they brought charges; minutes of relevant issues; and names and titles of hearing participants and witnesses. [Abuse of Process]
Dooley and Fray effectively established another kangaroo court outside English jurisdiction to unlawfully railroad an NUJ member: an infraction of NUJ Rules 2010. They have used an illegitimate finding of “a case to answer” fraudulently published by NUJ Scottish branch. By that, they neglected to conform to legal process and moral law and committed an abuse of process. [Mincoffs Flying Circus]
Arguably, Dear and Fray classified as state actors when NUJ accepted £262,000.00 of government funding in a conflict of interest. The term “state actor” gives the impression that it includes only officials directly employed by government. However, it also includes trade union officials who deal indirectly with government in the way cultivated by NUJ officials. Trade Union and Labour Relations (Consolidation) Act 1992 governs their behavior. [Quid Pro Quo]
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A Collusive, Coercive, Disingenuous Quintet |
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Straw |
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Sheinwald |
Miliband |
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David Miliband MP, Former Secretary of State for Foreign and Commonwealth Affairs; Sir Peter Ricketts, Permanent Under-Secretary and Head of the Diplomatic Service; Sir Nigel Sheinwald, British Ambassador to the United States; Jack Straw MP, Former Secretary of State for Justice and Lord Chancellor; and Gareth Thomas MP, Former Parliamentary Under-Secretary of State, Department for International Development colluded in a cover-up of HM Foreign and Commonwealth Office dereliction with Jeremy Dear, General Secretary, National Union of Journalists.
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Dear and Fray became criminally liable as state actors through a pattern or practice of conspiring with government officials (despite Fray’s early retirement). They have deprived trade union members of their convention rights incorporated in The Human Rights Act 1998 and misappropriated government and union funds for that purpose.
“Pattern or practice” defines as, and manifests in, two or more organized acts or instances which indicate ensuant activity. Those acts include conspiracy to coerce NUJ members through wrongful use of language that evades their duty of care.
[Duty of Care]
NUJ officials ignore their responsibility to investigate both current and previous circumstances without bias. To establish a pattern, laws generally require at least two acts within a ten year period which indicate ensuant activity. The multiple abuse and denial of member rights described in this case has existed for almost a decade.
Human rights conventions seek to achieve a fair balance between conflicting rights of a trade union and fundamental rights of its members guaranteed by articles of convention. A doctrine of proportionality remains central to achieving that balance. It requires that any restriction of a convention right (where this is permissible) must be proportionate to the legitimate aim being pursued.
In order to satisfy that requirement, any trade union interfering with a convention right must show cause to a court that the actor’s actions did not classify as arbitrary or unfair; that the actor strictly limited the action to achieve a legitimate public policy; and that the restriction did not outweigh the benefit to the community. Neither Dear, Fray, or Stanistreet complied with those conventions nor have they shown probable cause for a complaint against the Journalist.
[Human Rights Act]
Unacceptably broad interference that imposes an excessive or unreasonable burden on individuals breaches convention rights. In cases involving a serious breach, an application to stay the proceedings as abuse of process succeeds in most courts. Dear’s repeated abuse of process falls into that category.
Fray, in a letter (which he neglected to sign after three requests to do so) stated: ”For your guidance I am enclosing all material made available to the NEC panel by the Glasgow branch and by the Officials chapel”. Despite repeated requests for PDF email attachments, NUJ officials have refused to send any documents and correspondence by that method. The refusal has allowed NUJ to hold hearings in absentia and evade a discovery process. The Journalist receives regular mail intermittently while on assignment abroad and cannot properly address the issues while traveling. [Correspondence]
Dooley effectively admitted document withholding for several months by claiming that he has now sent documents to a PO Box inaccessible to the Journalist before the hearing deadline. Then, he refused to send PDF copies as email attachments to enable the Journalist to comply with his request.
Dooley frivolously claimed that: “The pack runs to hundreds of pages and it would not be practical to attach all the material as PDFs”. Copying documents to send by regular mail utilizes the same scanning procedure and equipment to either make paper copies or PDFs. Moreover, instantaneous delivery of PDFs economizes in both time and materials.
The statements by Dooley and Fray tacitly admit that NUJ officials held previous hearings without providing substantiating documents to the Journalist. That precluded his legal right to a discovery process and to take depositions under an oath by his accusers. They deliberately withheld documents although repeatedly requested to release them to support their assertions.
Dooley’s admission makes the previous hearings moot due to abuse of process; moreover, if Dooley and Fray proceed, then they risk criminal indictment for jurisdictional arbitrage on issues that now pend UK criminal investigation. Those investigations preclude NUJ from holding any more hearings on the same or similar issues until an international court decides otherwise; moreover, previous complaints must first have a hearing in the order received.
Roy M Mincoff, NUJ In-house Solicitor repeatedly makes politically expedient decisions regardless of rules and law by preemption of due process and obstruction of justice. Unable to put words together themselves, Dear and Stanistreet parrot everything that Mincoff tells them and NUJ illegal activity (which includes fraud, computer crime and money laundering) has now reached proportions which could easily classify as organised crime normally investigated by Serious Organised Crime Agency (SOCA).
As a common law intentional tort, abuse of process involves misuse of the public right of access to the courts. It usually predicates upon the existence of an ulterior purpose or motive and improper use of legal process to subvert proceedings. By that, NUJ has extended a campaign of harassment against the Journalist to an unprecedented level and any further action becomes moot because it does not comply with NUJ rules and UK law.
Fitzpatrick brought false and misleading charges now under investigation by law enforcement agencies. Dooley and Fray have used jurisdictional arbitrage in an attempt to frustrate those investigations by convening an NUJ hearing to preempt both civil and criminal proceedings. By that, they have violated international law. The participants in that NUJ hearing could classify as accessories after the fact in a conspiracy to pervert the course of justice.
Both Dear and Fitzpatrick completely ignored NUJ Rules, Appendix C, Section 14 which grants NUJ members natural justice when they fabricated evidence to support their kangaroo court. They repeatedly referred to that appendix without citing a specific Rule. By that, they arguably broadened the scope in any hearing to allow use of the appendices by the member in a general context.
NUJ Rules, Appendix C, Section 14. Procedure for dealing with complaints against members for alleged breaches of the code of conduct. (i) Every effort should be made to ensure that every stage of these proceedings is conducted in accordance with the principles of natural justice.
Natural justice has two fundamental principles widely held in trade unions as essential to a fair hearing or valid decision in a disciplinary hearing. These are:
1. Nobody shall judge his own cause (nemo iudex in causa sua). That prevents bias or conflict of interest or duty.
2. Hear the other side (audi alteram partem). That guarantees accused members a fair opportunity to present their case including access to legal counsel.
Reasonableness has also become a further principle of natural justice. NUJ officials and officers have blatantly disregarded any reasonable approach with regard to the issues presently under consideration. Moreover, justice must not only be done, but be seen to be done.
Natural justice includes these notions of procedural fairness:
1. Obligations depriving individuals of their rights to advanced warning cannot be imposed retrospectively.
2. A member accused in a disciplinary issue, or at risk of damage or loss, must have adequate notice about the proceedings (including substantiated documentation of all charges and citations that support the complaint).
3. Officials and officers should declare any personal interest in proceedings and in the case of conflict of interest recuse themselves.
4. A person making a decision must remain unbiased and act in good faith.
5. Proceedings must allow for fairness to all the parties.
6. Each party to a proceeding has an entitlement to ask questions and contradict substantiated evidence presented by the opposing party. Appealing to personal considerations rather than to fact or reason (ad hominem) has no place in a union proceeding.
7. A decision-maker must take into account all relevant considerations and extenuating circumstances and dismiss irrelevant considerations.
8. If a decision satisfies the majority of union members after the issues have had fair and unbiased review in the union’s journal, then members will continue to place their faith in the union.
Conflict of Interest
NUJ rules state that: "If the respondent is a member of another branch the general secretary shall be notified by the complainant's branch and s/he will endeavour to select a neutral branch to decide whether a case has been made out for examination by the NEC".
Dear and Stanistreet (as members of an NUJ chapel variously named but not defined or ratified by NUJ rules as “Officer's Chapel” or “Official’s Chapel”) filed a frivolous complaint against the Journalist with London Central Branch (LCB). They did not send him a copy of the complaint or substantiating documentation. Glasgow Branch (GB) arbitrarily processed the complaint and found probable cause.
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Barry Fitzpatrick, NUJ Head of Publishing made a “formal complaint” to anonymous people addressed as “Rob and Charley” at London Central Branch (LCB) (08 Apr 10). That complaint did not cite any rule and consisted of a subliterate diatribe which contained unsubstantiated drivel. Evidently, LCB did not process the complaint; instead, GB falsely claimed
Dear and Fitzpatrick have not given credence to the position paper prepared by the Journalist to formulate the issues. They have totally ignored the content for political expedience.
[Position Paper - Précis] [Position Paper - Full Text]
Neither Fitzpatrick nor Dear can understand that verified and validated investigative reports do not in themselves constitute libel when the subjects, through their personal denial, do not want to accept the truth about themselves. If they contend libel, then they should refute or challenge words with words, not bring frivolous proceedings in an attempt to kill the messenger and destroy the message. The Journalist has published for sixty-six years and never had a libel complaint against him. Few investigative reporters can claim that record.
Dear has become so adept at taking information out of context and using illegal prior restraint that he believes the media should only publish NUJ propaganda and not reveal his alleged criminal activity and pathological lying. He does not realize that members pay him an extravagant salary to serve them. Unlawful political campaigns form no part of his remit.
GB decided in absentia that probable cause existed for examination of the Journalist by NEC notwithstanding that complaints filed with Dear by the Journalist two years earlier had not received due process. Effectively, Dear referred his complaint to his own branch and Fitzpatrick recycled it to him as general secretary for action. Dear then selected Glasgow Branch in another jurisdiction to hear his complaint despite Fitzpatrick having filed the complaint with London Central Branch.
Dear and Stanistreet ostensibly formulated their own procedure which "endeavour[ed] to select a neutral branch to decide whether a case has been made out for examination by the NEC". Their choice of NUJ Glasgow Branch as a "neutral branch" classifies as international arbitrage and conflict of interest which makes that branch ineligible "to decide whether a case has been made out for examination".
That unlawful merry-go-round now forms part of harassment complaints to Metropolitan (Camden) and Strathclyde police divisions. Those complaints pend onward referral to Independent Police Complaints Commission (UK) and Crown Office and Procurator Fiscal Service (Scotland) respectively.
The onward referrals cite alleged harassment, also dereliction by, and collusion among, NUJ officials and UK police officers which has resulted in denial of due process of law. Despite the police investigations which technically should bring all NUJ hearings to a halt, Dear has unlawfully processed the GB finding by convening an National Executive Council (NEC) committee. [Law Enforcement Railroading]
An analysis of the officials and members of the proposed NEC disciplinary committee shows a distinct pattern of sycophancy (ass-kissing) detrimental to the Journalist. Instigated by Dear and his sycophants, that hearing has no legal validity. It attempts to evade and negate ongoing police investigation of criminal complaints filed by the Journalist.
London Freelance Branch (LFB), the Journalist’s branch, consistently blocked filing of member complaints against NUJ officers. LFB fudged both NEC and local elections to insure that predominantly people politically inclined toward, or intimidated by, Dear have retained office during the whole of his tenure. In return, Dear insures that they gain election or reelection unopposed, thereby evading mandated procedures. Dear’s own unopposed reelection reflects that situation.
Convenient for LFB officers, Dear claims that he has no responsibility for what branches do. By that, he has allowed LFB to change a prescribed democracy into an oligarchy. Officials have fudged the proceedings to insure that the people politically inclined toward Dear have retained office during the whole of his tenure.
When repeatedly requested to instruct LFB to cooperate, Dear claimed that he had no authority to require branch officers (to whom he refers as "laymen") to provide member access to information (minutes of meetings and branch financial accounts). The Journalist’s requests to officers at branch meetings and to Dear and his officials met with either dumb insolence or verbal abuse. The ongoing behavior started a downward spiral that has resulted in the current attempt at international arbitrage and prompted both verbal and physical assaults on the Journalist.
Fray claims that: “The NEC set up a panel to investigate the complaint in accordance with Appendix C of the Rule Book. The members of the NEC panel are: Jeff Apter, Jim Boumelha, John Brophy, and Barbara Goulden. The panel has now met and has elected Jim Boumelha as Chair of the panel. I have been appointed Servicing Officer and I will be assisted by Séamus Dooley, Irish Secretary”.
Séamus Dooley, NUJ Assistant Secretary (Ireland)
Séamus Dooley, Irish Secretary has responsibility for management of all NUJ activities in Ireland (except BBC) also NUJ activities in Northern Ireland. He holds responsibility for industrial relations policy in both Ireland and Northern Ireland and governmental policy in the Republic of Ireland. Arguably, he has no authority to act on disciplinary issues affecting NUJ UK members.
John Fray, former NUJ Deputy General Secretary
John Fray, former NUJ Deputy General Secretary (DGS), who retired in 2008, has returned to participate in an allegedly illegal jurisdictional arbitrage as NUJ “servicing officer”. In the past, Fray exhaustively claimed a good working relationship with Jeremy Dear as vital and wrote about his a key part for building a “...spirit of optimism among NUJ activists and staff”.
In a reciprocal statement, Dear praised Fray’s long dedication to the union. Dear claimed that Fray worked for NUJ for 18 years before his retirement. Prior to NUJ, Fray worked for The Broadcasting, Entertainment, Cinematograph and Theatre Union (BECTU), an independent trade union for broadcasting, film, theatre, entertainment, leisure, interactive media and allied areas.
Fray established a pattern of bias by his present involvement in arbitrage with Dear and Stanistreet. He acted as a principal booster for Stanistreet’s election to succeed him as DGS. For that purpose, he unlawfully used NUJ resources to widely claim that: “Michelle will bring fresh ideas to campaigns and the representation of freelance members".
Fray also wrote: “As a chapel rep she has an outstanding record of standing up for freelances - both individually and collectively” and "Michelle Stanistreet has all the professional qualifications, experience and capability needed and is ready to be our next Deputy General Secretary": hardly unbiased statements by a serving official.
Fray’s statements demonstrate sycophantic support for both Dear and Stanistreet. Those published statements make Fray totally unsuitable for an NUJ position as servicing officer in a disciplinary hearing that involves both Dear and Stanistreet and requires him to remain neutral and unbiased. Not only do Fray’s own statements show affinity with Dear and Stanistreet, they also demonstrate a pattern of unethical behavior by a sitting NUJ official using union resources for political expedience.
In the same documents, Deedee Cuddihy, formerly Secretary West of Scotland Freelance Branch, now named in Strathclyde police criminal complaint for her part in the international arbitrage, supported Stanistreet’s election as DGS. Moreover, Christopher Graham Wheal, an NUJ officer and violent thug, also supported election of Stanistreet.
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Will you piss off with your inane ramblings. My nephew was killed in a tragic accident on Tuesday and all I get is wank from you. Now take me off your email list, or better still, fuck off and die you complete and utter tosser*. One more peep from you and if I bring harassment charges you'll be lucky. I find you personally I'll fucking break your legs. [sic] Christopher Graham Wheal, NUJ Officer. |
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This reprobate describes himself as a journalist and writing instructor. *tosser. A derogatory term for a stupid, irritating, or ridiculous person.
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Wheal recently used an unprovoked and dastardly email attack to threaten grievous bodily harm when the Journalist referred criminal complaints to police. Metropolitan (Camden) police have received information claiming that Wheal committed a criminal offence by threatening grievous bodily harm in violation of Protection from Harassment Act 1997, Section 4. [The Plod Thickens]
Dooley claimed that Fray accepted the position of servicing officer in what has become an unlawful international arbitrage orchestrated by Dear and Stanistreet. NUJ rules call for neutral and unbiased representation by servicing officers at hearings.
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Fray, Dear, and Stanistreet have demonstrated by their own pens a relationship thicker than thieves. Fray has disingenuously come out of retirement to work as an integral part of a scam against the Journalist despite his own claim “to maintain stability and a united purpose for the good of the union and its freelance members”. Fray cannot by any stretch of imagination fulfil his ethical obligations by involvement in the hearing. Incidentally, James Doherty, NUJ Glasgow branch and Paul Holleran, NUJ Scottish Organiser, both named in pending criminal complaints relating to arbitrage, openly campaigned for Fray’s last reelection as DGS.
It sounds like payback time when a former NUJ official comes out of retirement and leaves himself open to criminal indictment by acting as servicing officer in an NUJ scam that supports frivolous disciplinary complaints against an NUJ member. By accepting that position, Fray (in a conflict of interest and abuse of process) has effectively agreed to supervise international arbitrage to help Dear and Stanistreet evade criminal proceedings in England. By that, he arguably became an accessory after the fact to crimes committed by them.
Jim Boumelha, IFJ President, Brussels, Belgium
The world congress of the International Federation of Journalists (IFJ) meeting in Cadiz, Spain, re-elected, by an overwhelming majority, NUJ NEC member Jim Boumelha as its president. First elected president at the IFJ's Moscow congress in 2007, Boumelha said: "I am proud to have been given a second mandate to lead the IFJ. Journalism is in crisis worldwide and journalists are organising themselves everywhere to defend their rights and save journalism. I am proud to lead that fight back." After many statements of that type, Boumelha has hypocritically accepted the chair of an NEC disciplinary committee against the Journalist and has taken no action on recent aberrant behavior of Aidan White, IFJ General Secretary.
Boumelha also showed his allegiance to Dear by pledging his support for Dear’s unopposed re-election. In the present context, that statement alone shows his bias. Accordingly, he must immediately recuse himself from participation in the arbitrage if he wishes to maintain a modicum of integrity and avoid potential criminal proceedings.
Aidan White, IFJ General Secretary has written: "Journalists travelling in conflict zones have testified to the benefits of the IFJ Press Card. It has helped many journalists get out of tricky situations in dealing with soldiers, police or officials. It opens doors to officials meetings. Holders can take advantage of the IFJ's official recognition within the European Union and within the agencies of the United Nations”.
“IFJ provides support and services to press card holders, including access to the work of the International News Safety Institute, which campaigns for journalists' safety worldwide and the IFEX network which is a coalition of press freedom and journalists' groups that monitors the state of press freedom the world over. Regular bulletins from the IFJ and updates on actions in defence of journalists are available to all card holders."
Dear claimed in writing that White arbitrarily declined to renew the Journalist’s international press card. That left him at risk when working in the international arena. White knowingly committed an arbitrary, discriminatory act against the Journalist, a long-term, working, international journalist.
White must not deny IFJ services without reasonable cause. By his arbitrary act, White became a joint and several accessory before and after the fact in the discriminatory campaign and illegal actions that Dear conducted against the Journalist and several other NUJ members.
Due to White’s neglect to address issues that impacted upon IFJ, the Journalist visited Brussels to try to mitigate them. White kept him waiting 21 days for an appointment (26 Nov 08 through 17 Dec 08). He then refused to meet with him although he sat in an adjacent office while the Journalist spent time with his assistant Ernest Sagaga (a lawyer).
White’s dumb insolence matched the psychotic behavior of Dear on a previous occasion when the Journalist tried to mitigate the issues in London. When a reasonable person considers the Journalist contributed toward White’s salary for many years and has both academic and trade union seniority, White’s behavior classifies as outrageous. The trip to Brussels cost in excess of 1,800 euros and the Journalist had to foot the bill.
Sagaga met with the Journalist about eight times during that period and courteously dealt with the issues although he claimed that making decisions was "above his pay scale". He has a complete copy of the relevant files.
White has continued his neglect to address the issues since the Washington Supreme Court unanimous decision by nine judges (30 Mar 06) which found in the Journalist’s favor. IFJ and NUJ allowed the Journalist to use their name as amicus curiae participants in that action although they did not contribute in any way. Dear falsely claimed credit for the result.
White’s inaction has exacerbated the juvenile delinquency and cover-up of criminal activity by Dear to a point that forced the Journalist to file criminal charges for harassment and demand a public inquiry. By opening the door as IFJ President and participation in the current international scam, Boumelha has automatically reintroduced the matter of White’s behavior.
Boumelha must immediately arrange reinstatement of the Journalist’s international press credentials and recuse himself from the scheduled hearings. Boumelha must then initiate through IFJ an EU public inquiry to mitigate the damage caused by Dear and White. UK MEPs have already received details and presently keep a watching brief.
In a final attempt to mitigate, the Journalist travelled at his own expense to the Annual Delegate Meeting held at Southport where Dear and Doherty refused him his rightful entry. Dave Rotchelle, LFB chair stalked him around the convention centre the whole time he spent there.
Jeff Apter, Recruitment and Retention Officer, NUJ Paris, France
According to Alison Culliford, Secretary, NUJ Paris branch forms one of three NUJ continental branches with Brussels and Netherlands. These European branches each have their own representative on the NUJ NEC and a Continental Europe Council (CEC) enables them to meet.
Paris branch represents almost 300 English-speaking and largely British journalists working on the Continent. Apter has held positions which include secretary, chair and newsletter editor of that branch. A former CEC chair and member of NUJ NEC, he rejoined as a job share.
Since standing down as branch chair in 2008, Apter has acted as Paris branch recruitment and retention officer to set up chapels and recruit new members. He works as a freelance journalist specializing in industrial and social issues, maritime matters, and aerospace.
Apter publicly pledged his support for Jeremy Dear’s unopposed re-election. That makes him ineligible to take part in any NUJ disciplinary hearing against the Journalist especially when it relates to police referrals against Dear. Apter has presently agreed to take part in unlawful jurisdictional arbitrage proceedings instigated by Dear against the Journalist in arguably in violation of English law.
John Brophy, NUJ NEC, Dublin, Ireland
John Brophy has insinuated himself into the NUJ hearing without cause. As a foreign national he has no legal right to sit on a committee to discipline a UK citizen. Irish Journalist 2008 reported that: The recent election for geographical seats on the NEC were a sedate affair. Outgoing Republic of Ireland members Barry McCall and the job share of John Brophy and Bernie Ní Fhlatharta returned unopposed.
Barbara Goulden, NUJ Chapel, Coventry Newspapers, Coventry, West Midlands, UK
According to Press Gazette, Barbara Goulden holds a position as Mother of the Chapel, Coventry Newspapers. She claims to have worked as a journalist for 30 years and pledged her support for Dear’s unopposed reelection.
Goulden belongs to NUJ-Left, an unlawful left-wing splinter group with connections to the Socialist Workers Party and other extremist political groups. NUJ-Left has no recognized place within NUJ which must by law remain nonpartisan.
As a political splinter group, NUJ-Left must not participate in any UK trade union; however, it has misappropriated the NUJ name for its own purposes. Arguably, Goulden's membership of that group shows bias and makes her ineligible to sit on any NUJ disciplinary committee.
Cherry-Picking
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Dooley and Fray have obviously cherry-picked all the disciplinary committee members to the advantage of Dear and Stanistreet and to the detriment of the Journalist. In an anarchistic sense, all these people have effectively professed neutrality: however, they have shown bias by obsequious loyalty to their leaders. If they proceed with this kafkaesque stitch-up, then they will probably martyr themselves by sacrificing their integrity (if they ever possessed any) for a totalitarian cause.
Conclusion
As protagonists or principals in this work of fiction, Dear and Stanistreet have set up unlawful procedures to evade prosecution for criminal activity. Dooley and Fray have colluded with them as straws. Dooley ranks as a citizen of a foreign country.
All this strengthens the call by the Journalist for a public inquiry. If they knowingly proceed with this farce, then they will become liable to prosecution in EU courts for fraud and evasion of pending charges of criminal activity in UK courts.
The Journalist, formerly a Pacific Northwest Delegate, National Writers Union (NWU) and member of National Union of Journalists (NUJ) has challenged many court decisions that violated constitutional and journalism rights in the 62 years since he first joined a Fleet Street union and started to read law.
As CEO of one of the 10% largest (by number of employees) publishing/printing corporations in the US and a professor of communication he has seen it all before but not to the criminal extent that exists within NUJ. Electoral incest and rogue lawyers exist in almost all trade unions regardless of country; however, most participants temper their machination with a sense of self-preservation.
In any legal action against NUJ, the Journalist will show that he has done everything possible to reduce damage in a way that lessens severity or intensity: a fruitless task when dealing with a psychopath and his sycophants. This article gives yet another chance to NUJ officials and officers to mitigate intentional tort before NUJ becomes embroiled in multiple law suits which by their machination they have elevated to the international arena.
Invoice
NUJ has effectively bankrupted its member through barratry, dereliction, and denial of member services. The cost of responding to recent malicious barratry (the offence of vexatiously persisting in inciting lawsuits and quarrels) amounted to £15,050.00 which the respondent has charged to NUJ. Dear and Stanistreet have ignored several requests for payment which will soon be subjected to a recovery process. Meanwhile, ongoing intentional tort has increased that amount to £60,050.00 and costs continue to mount incrementally.
The additional £45,000.00 charges cover journalism research, writing, editing, web page design, and publishing to meet an expedited response to alleged judicial arbitrage which included legal research into: The Human Rights Act 1998; Trade Union and Labour Relations (Consolidation) Act 1992; and European Union law.
The charges include revision of the original article and research to reflect the latest machination by NUJ. That required research of Belgium, England, France, Ireland, and Scotland domestic law and responses to correspondence and deadline demands by Séamus Dooley, NUJ Irish Secretary and John Fray, former NUJ Deputy General Secretary acting in behalf of NUJ as a servicing officer.
[Invoice] [Barratry]
This credential information counters false and misleading information published by Jeremy Dear, NUJ General Secretary.
Paul Trummel PhD (RPI ABD), PhD (UW ABD), MS (RPI), MSc (UK), BSc (UK)
UK equivalencies in graphic communication recognized by Boston University, Northeastern University, Rochester Institute of Technology, Fitchburg State College, San Jose State University, Rensselaer Polytechnic Institute, and University of Washington with comparability twice certified by International Education Research Foundation (IERF), a credential evaluation service accredited by US Department of Education
Associate Professor, Communication and Rhetoric (Retired)
Special Doctor of Philosophy Program (SPhD), University of Washington
Fellow, International Society of Typographic Designers (FISTD)
Fellow, Institute of Paper Printing and Publishing (FIOP)
Member, Society of Authors, London
International Federation of Journalists, Brussels (International Press Card)
Arbitrarily and fraudulently cancelled 2009 by Jeremy Dear and Aidan White without cause or due process under NUJ/IFJ rules.
National Union of Journalists, London (UK Press Card)
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© Copyright 2010 by Paul Trummel |
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