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Mr Lyons was yesterday committed to life imprisonment for his unfailing support of his Family and his Faith
Ireland 31 July 2009
Yesterday was a dark day for those who espouse the belief that Ireland is a civilised country where justice prevails in the courts.
Mr Justice Birmingham in the High Court had the seizing of Maurice Lyons’ application for a writ of Habeas Corpus in which the State were required to show that they had lawful cause for his arrest from his home and detention in the Midlands Prison for the past 30 days.
The law requires that all matters of keen public interest, such as why a man is in prison who has not been found to have committed any crime, must be carried out in public so that justice can be seen to be done.
It is especially pertinent where a man is in prison, as Maurice Lyons is, for simply wishing to remain faithful to and uphold his Marriage.
After Maurice was brought into court still wearing handcuffs, disgracefully Justice Birmingham cleared the court and members of the public were told that if they remained in the courtroom they would face imprisonment for contempt. Mr Justice Birmingham refused to answer any questions from the public as to why they were being excluded from hearing the case. Mr Justice Birmingham told the public that he wished to take a portion of the case in private but that the public would then be readmitted.
The public reluctantly left and took Mr Justice Birmingham at his word that they would be allowed back to observe the substantive issues of the Habeas Corpus application.
After a short time the judge’s clerk came out and said that Maurice had asked for me to assist him as a McKenzie friend. I said that could not be true as a Mckenzie friend is a legal term used only where there were Family Law proceedings taking place and that Maurice was here only to have his Habeas Corpus application heard.
They took my refusal to be a McKenzie friend back to the Judge. This was plainly an attempt to ambush Maurice into accepting the court’s jurisdiction in Family law matters.
Their trick failed so after another short time they returned to say that the judge had confirmed that he was not to hear Family Law and when I then went in to assist Maurice the Judge reiterated to me what he had assured Maurice – that he was not exercising any Family Law jurisdiction.
However immediately after I had sat down counsel – presumably for the Attorney General – claimed that I should not be admitted because I had broken the “in-camera” rule by posting on the Internet details of proceedings that had taken place under the Judicial Separation Act. She handed up to Mr Justice Birmingham a copy of some print-out without furnishing me with a copy. I asked if I could show that she was telling a lie because I have only sent out private emails in relation to this case and I had never posted anything about the case on the Internet.
The rules of justice require that the judge hears both sides. However Mr Justice Birmingham would not allow me to talk and make my “defence”. He would only allow Maurice to talk and Maurice can not vouch for my actions one way or the other. He then ruled in favour of the Attorney General and required me to again leave.
Before I left Maurice made the argument that the judge had not yet heard his legal argument which was that there had never been any valid proceedings because the State/Court doesn’t obtain jurisdiction for there to be valid proceedings until there is an Appearance from both Spouses and he had declined to make an Appearance and participate. He said that if the judge ruled at that point in favour of the Attorney General that there had been valid proceedings he was pre-judging the case and acting prejudicially and with bias against him. Mr Justice Birmingham reaffirmed his order in favour of the Attorney General and required me to leave.
When I came out I asked Mr Harry Rea to assist Maurice as best he could in the circumstances as he was not briefed as I was. The rest of the members of the public continuously asked of the judge’s clerk to be readmitted as they were promised by Mr Justice Birmingham. However after another short while the court emptied and Maurice was led out again in handcuffs. The judge had found against Maurice and was in effect committing him to a sentence of life-imprisonment until he accepts that the State had authority to break up his Marriage without his authority even where he remained open to Reconciliation. In order to be released he must sign a document that says he is asking the Court to grant him a Judicial Separation. In other words he is being asked to dishonour the covenant of Marriage he made with God as well as his wife. He will never do that and no State/Court has any authority to demand it by force of imprisonment.
Importantly it must be noted that Mr Justice Birmingham, by not allowing the public back into the hearing as he promised, was reneging on the assurance he gave to the public that they would be allowed to witness the State/Court showing their bona fides. The writ of Habeas Corpus is there for the benefit of the State/Court, not for the prisoner. It allows the State an opportunity to show that it is acting on behalf of a civilised State and within the law where it detains a man against his will. The public will be assured by this process that the State/Court is not acting in an arbitrary and biased manner against a particular person or class of person by being able to prove to the satisfaction of the public the validity of any Orders or warrants it has employed.
By excluding the public from the totality of the hearing the State/Court have yet to show they have just cause and the public must presume that the State/Court is acting in an arbitrary and biased manner against Maurice because of his commitment to the Family founded on Marriage. It failed to assure citizens that it does not operate a secret “Star Chamber” like the Diplock courts or as it is alleged occurred in Guantanamo Bay.
Furthermore the law requires in Ireland and under the European Convention on Human Rights that ALL orders and judgements MUST be given in public. Even where it be deemed necessary for parts of the case to be heard in private ie in certain rape cases or child abuse or some aspects of Family law, the Judge is MANDATED by law to give his decision IN PUBLIC. Yesterday the public were excluded from a public hearing.
The actions of Mr Justice Birmingham appear to me to bring the administration of justice into disrepute by:
A) acting in a biased manner against me by ruling against me whilst not allowing my side to be heard when an accusation was made against me of breaching the in-camera rule
B) acting in a prejudicial and biased manner against Maurice Lyons by ruling that there were valid proceedings in the Judicial separation application BEFORE Maurice had an opportunity to make his case that there had not been any valid proceedings
C) wrongly excluding the public from witnessing a matter of public interest and importance
D) misleading the public by stating that a portion of the hearing would be heard in public but by concluding it without allowing the public entry
E) failing to make his Order in public
Not enough can be said by all those who know the situation and who were there in the High Court yesterday to admire the courage and commitment of Maurice Lyons. Despite the obvious atrocity that is being committed against him and his Family he is keeping his Faith and presented his case as well, if not better than any senior counsel. Even when the judge found against him without giving any reasons he somehow managed to keep calm and polite. As he was led away by the prison warders in the Round Hall of the Fore Courts a spontaneous and ear-splitting round of applause erupted that took over the entire building and Maurice was able to turn to the assembled crowd and raise a last fleeting smile that at once showed his appreciation and spirit and signalled his determination to continue to do the right thing for his Family.
Maurice has asked me to convey his heartfelt thanks to everyone who has supported him throughout this ordeal. He is grateful for the letters of encouragement he has received in prison, albeit after the authorities have read through everything and have delayed him receiving them for a week. Please keep them coming and your phone calls to the Prison Governor to remind him politely (as it is not his fault) that he has the safekeeping of an innocent man. He was able to tell the assembled ranks at the High Court yesterday of his gratitude and asked once more earnestly that you keep him and his Family in your prayers.
God bless, Roger Eldridge
Chairman, National Mens Council of Ireland
Executive Director, Family Rights and Responsibilities Institute of Ireland
National Office: Knockvicar, Boyle, Co. Roscommon
Website: www.family-men.com Email: familymen@eircom.net Telephones: 00353 (0) 7196-67138 00353 (0) 86-8180146
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After what happened in the High Court yesterday to Maurice Lyons it is even more vital that a delegation from Ireland addresses the World Congress of Families Congress conference in Amsterdam next week to expose what is happening to Maurice and to those in Ireland who support the Constitutional legal institution of the Irish Family Unit founded on Marriage and to explain to the assembled pro-Family delegates from every country in the world how they can identify and so hopefully halt the destruction by the State/Courts of the Family founded on Marriage in their own jurisdictions.
We need to know today who can go and who can make a donation, no matter how small to cover the expenses of those who are willing to go.
At present Harry Rea is committed to travelling with me.
We are prepared to pay our way as best we can and we have had some donations from kind-hearted people already but we are still a way short of the target.
Please do what you can and please don’t stop praying. The Truth will always shine bright in the darkness.
Here are the details of the conference.
God bless, Roger
Program
Important: all information on this page is provisional.
Day I ( August 10 ) – Modern Families, Traditional Values – Children’s Program
10.00 AM – 12.30 PM: Opening Ceremony.
– Welcome Video Message – Minister Andr� Rouvoet
– Introduction: Why We Are Here – Simon Polinder
– How We Got Here: A History of the Natural Family – Allan Carlson
– Report from WCF Dialogue of Civilizations Nigeria Conference – Theresa Okafor
– Report from WCF Latvia Family Forum Conference – Marika Bertule
12.30 PM – 01.30 PM: Lunch and Exhibits.
01.30 PM – 03.30 PM: Plenary Sessions – Chairpersons Sheri Dew and Tom Minnery
– How Traditional Are Modern Families in the Netherlands: Praise to the Part-time Culture – Peter Cuyvers
– Changing Social and Cultural Values Since the Sixties: The Value of Traditions in Modern Times – Bart-Jan Spruyt
– The Family as the Cornerstone of Society – Chief Rabbi Binyomin Jacobs
– The Value of Marriage as the Basis of Family Life – Glenn Williams
– The Work of Pro-Family Associations in View of the Cultural and Sociological Challenges of our Day – Cardinal Antonelli represented by mgr. Carlos Simon
03.30 PM – 04.00 PM: Coffee Break.
04.00 PM – 06.00 PM: Action Sessions
Family and Education – Chairpersons Rudolf Schmidheiny and Miguel Moreno
– Parents, Your Partners � For the Benefit of Society – Jet Weigand
– The Effects of Child Care for the Social and Psychological Development of Children – Pat Fagan
– The Right of Parents in School / Homeschooling – Joke Sperling
– Defending the Right to Homeschool: Recent Experience in California, Germany, England and Beyond – Michael Farris
Family Counseling and Professional Help – Chairpersons Don Schmierer and Shelly Locke
– The Sovereignty of the Family – Rob van Pag�e
– The Value of Faith and Family Approach in Counseling – Fr. Jaroslaw Szymczak
– Counseling Families in Crisis – Rob Hondsmerk
– Threats to the Family from Addiction to Pornography – Marie-Claire Hernandez
Marriage, Sex and the Rights of Families – Chairpersons Randy Hicks and Gil Crouse
– The Rights of Families and Parents – Bill Saunders
– Developing Partnerships to Strengthen Marriages and Families – Susan Dutton Freund
– The Rights of Children – Jaap Doek
– Transforming Your Community by Strengthening Marriages and Families – Julie Baumgardner
07.30 PM – 10.00 PM – Political Youth Session
08.00 PM – 10.00 PM – Screening of Fireproof: Never Leave Your Partner Behind. Offical trailer
01.30 PM – 03.30 PM – Dutch Parallel Program Monday Afternoon
IN THE INTEREST OF THE FAMILY: THE BALANCE BETWEEN INDIVIDUAL, FAMILY AND SOCIETY – Jet Weigand
– Tensions Between Care and Labor – Peter Schalk
– Successful Fatherhood – Rob Hondsmerk
– My Family My Best Undertaking – Mariangeles Nogueras
THE POWER OF THE FAMILY: THE FAMILY AS SOCIAL PARTNER – Chairperson to be announced
– The Rights of the Family – Jaap Doek
– The Rights of Parents Concerning Their Childrens’ Education – Joke Sperling
– Trust in the Power of Family and Social Networks – Rob van Pag�e
Day II ( August 11 ) – Families in Developing Countries
09.00 AM – 10.30 AM: Plenary Sessions – Chairpersons John Vining and Catherine Vierling
– The Power of African Families – Moise Napon
– The Family as the Foundation of Social and Economical Development – Bishop Paul Mususu
– A Family Approach to HIV Prevention – Moira Chimombo
– Demography and Family: Lessons for Developing Nations – Phillip Longman
10.30 AM – 11.00 AM: Coffee Break.
11.00 AM – 12.30 PM: Action Sessions
Strengthening Families in Situations of Poverty – Chairpersons Fr. Maxim Obukov (representing Patriarch Kirill) and Lech Kowalewski
– The Role of Church, Synagogue, Temple and Mosque in Stimulating Stable Families – Francisco Tatad
– The Role of Communities in Supporting Families in Need – Marie Panayotopoulos-Cassiotou
– The Economic Sustainability of Families – Constantin Asavoaie
The Influence of Modern Media on Family and Life – Chairpersons Chris Carmouche and Don Feder
– The Impact of Hollywood and MTV on Family Values: The Media-Wise Family – Ted Baehr
– The Contribution of Modern Media to Promotion of Healthy Family Life – Gilbert Okoronkwo
– The Contribution of Modern Media to Social and Economic Development – Brent Bozell
Intergenerational Solidarity Within Families – Chairpersons Carol Soelberg and Anatoly Antonov
– Understanding Different Family Structures All Over the World – Roel Kuiper
– The Role of Mothers and Fathers – Babette Francis
– The Consequences of the Governmentalization of Social Care for Family Solidarity – Dele Olowu
12.30 PM – 02.00 PM: Lunch and Exhibits.
02.00 PM – 04.00 PM: Plenary Sessions – Chairpersons Paige Patterson and Joseph Meaney
– Gender Issues in South Asia with Special Reference to Indian Families – Challenges in the New Millenium – Rekha Pande
– The Effects from the Absence of Fathers (Labor, Migration) – King Adamtey I of Ghana
– The Role of Faith and Churches in Keeping Families Together – Richard Land
– The Role of Health Professionals in Keeping Families Together: Disease Prevention – Rene Bullecer
04.00 PM – 04.30 PM: Coffee Break.
04.30 PM – 06.00 PM: Action Sessions
Migration and Family Life – Chairpersons Janice Crouse and Silvio dalle Valle
– Dislocation of the Family – Joel Voordewind
– The Consequences of Armed Conflict for Women and Girls – Missy Christie
– Human Trafficking (Women and Children) – Yuri Mantilla
HIV and AIDS and the Family – Chairpersons Sharon Slater and David Ferguson
– What Government and Civil Society Can Do to Support Families Affected by HIV and AIDS – Arend Huitzing
– The Position of Orphans and Other Vulnerable Children due to HIV and AIDS – Bep van Sloten
– The Position of Elderly People due to HIV / AIDS – Josien de Klerk
Family and Demography – Chairpersons Don Feder and Steven Smoot
– The Consequences of Cultural Preferences for Male Babies – Steve Mosher
– How Nations Choose ‘Demographic Winter’: Is America Doing So? – John Mueller
– Fertility and Human Dignity – Pierre Hernalsteen
07.30 PM – 10.00 PM – Sharing ‘best practices’ in family policy making – Kees van der Staaij, Joel Voordewind, Mirjam Sterk
07.30 PM – 09.00 PM – Music Entertainment – International Band – Mini-Rock Opera on Family
08.00 PM – 10.00 PM – Fertily Decline, Population Decline – International Premiere Screening of “Demographic Bomb: Worldwide Decline of Human Fertility Rates” (follow-up to the documentary “Demographic Winter”).
Day III ( August 12 ) – Family: Challenges and Hope for the Future
09.00 AM – 11.00 AM: Plenary Session – Chairperson Ignacio Arsuaga
Family: Challenges for the Future
– Solutions for the Future Depend on Respect for Human Life and Human Rights – Mgr. Wim Eijk
Law and Challenges for the Family: Special Panel
– The Influence of the United Nations, International and European Policies on the Family: Effects on Developed Nations – Austin Ruse
– The Influence of the United Nations, International and European Policies on the Family: Effects on Developing Nations – Farooq Hassan
– The Place of Family in Government Policies and Vice Versa – Andr�s G�bos
– Family Policies that Actually Work – Kevin Andrews
11.00 AM – 11.30 AM: Coffee Break.
11.30 AM – 01.00 PM: Action Sessions
Family and Ethics – Chairpersons Alex Schadenberg and Cindy Jones-Nosacek
– How Biotechnology and Ethics Affect the Family – Byron Calhoun
– How Cloning and Stem Cell Research Affect Family Life – Wanda Franz
– How Life Issues Affect Women – Janet Morana
– Euthanasia, Palliative Care and the Family – Henk Jochemsen
Family and Work – Chairperson Paige Patterson
– Who Still Wants to Be a Mother in this Time? – To be announced
– A Modern Paradigm for Motherhood – Dorothy Patterson
Family, Faith and the Freedom of Speech – Chairpersons Preston Noell and Evert-Jan Brouwer
– The Importance of Religious Liberty and Freedom of Speech to the Family – International Legal Developments – Benjamin Bull
– The Importance of Religious Faith to Family Life, Democracy & Social Development – James Kushiner
– The Importance of Inter-Religious Cooperation to Family Policy Development: UN, National and Local Level – Gwendolyn C. Landolt
01.00 PM – 02.30 PM: Lunch and Exhibition.
02.30 PM – 04.30 PM: Plenary Sessions
The Family: Hope for the Future – Chairpersons Paul Mero and Sheri Dew
– Family Diversity and Political Freedom: How Can People With Different Approaches to Family Life Live Together in Free Societies? – Pat Fagan
– Children: Our Hope for the Future – Janice Crouse
– Character Education and Values: The Key to the Future of the Family – Christine Vollmer
– The Family: The Hope for the Future of Nations – Russell and Wendy Nelson
04.30 PM – 05.00 PM: Coffee Break.
05.00 PM – 06.00 PM: Closing.
– Amsterdam Declaration – Simon Polinder and Larry Jacobs
– Conclusions and Closing – Allan Carlson
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The oldest human right defined in the history of English-speaking civilization is the right to challenge governmental power of arrest and detention through the use of habeas corpus laws, considered to be the most critical parts of the Magna Carta which was signed by King John in 1215.
Alexander Hamilton wrote in The Federalist #84 in August of 1788:
The establishment of the writ of habeas corpus are perhaps greater securities to liberty and republicanism than any the Constitution contains. The practice of arbitrary imprisonments have been, in all ages, the favorite and most formidable instruments of tyranny. The observations of the judicious [British eighteenth-century legal scholar] Blackstone, in reference to the latter, are well worthy of recital:
“To bereave a man of life” says he, “or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism, as must at once convey the alarm of tyranny throughout the whole nation; but confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten, is a less public, a less striking, and therefore a more dangerous engine of arbitrary government.”
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