ADDENDUM IN FURTHER SUPPORT OF FACTS AND REASONS

ADDENDUM IN FURTHER SUPPORT OF FACTS AND REASONS FOR COMPLAINT

 

Case chronology.

 

  1. On August 31, 1972 at 12:21 am, nine-year-old Don Macallister witnessed drunk driver Sir Michael Smurfit commit DUI MURDER of Don’s mother Maureen Agnes O’brien.

 

  1. Sir Michael Smurfit voluntarily consumed alcoholic beverages knowing he was about to operate a motor vehicle and drove an overloaded Bentley on the incorrect side of the road at nearly twice the posted speed limit and caused the head on collision that killed Maureen Obrien while returning from an Irish party yet was only cited for dangerous driving and allowed to leave the scene of a fatal crash without being tested for alcohol. Drunk driver Sir Michael Smurfit filed false statements that Don’s mother (whose body tested negative for alcohol at the morgue) was driving COMPLETELY on the wrong side of the road.

 

  1. Following the crash, Don spent years in a series of group homes and an orphanage fighting to survive physical and sexual abuse following Michael Smurit’s DUI MURDER of his mother.

 

  1. After being released from the foster care system, Don Macallister opened a nonprofit organization to train foster teens ages 14-18 how to obtain their first jobs. Don was twice nominated to testify before the US House of Representatives and iwa awarded a US Congressional Tribute for training tens of thousands of foster care teens ages 14-18 how to obtain their first jobs.

 

  1. In December 2008, Smurfit admitted to Don that he voluntarily drank alcoholic beverages to the point of intoxication knowing he would be operating a motor vehicle before he caused the collision that killed Maureen. “Don, I consumed alcohol knowing I would be the driver, I caused Maureen’s death I, lied to police and I provided post-crash payments to Maureen’s Trustee after he withheld evidence that may have led to my prosecution.” “Don, may I offer a settlement if you will agree to not speak publicly about this matter”? Don declined Sir Michael’s offer to participate in the continued cover up of how Maureen really died.

 

  1. In 2010, Maureen’s Trustee Denis O’brien Senior admitted that he accepted post-crash payments from Irish diplomat Sir Michael Smurfit in return for withholding evidence that may have led to Sir Michael Smurfit’s prosecution for the drunk driving murder of Don’s mother Maureen O’brien.

 

  1. In 2010, Don Macallister retained two forensic crash experts including Colm Finn the former Chief of Forensics for the Irish Garda and Mike Kennedy of CRASHTEAMS Inc to re-investigate the crash.

 

  1. BOTH forensic crash reconstruction experts concluded that Sir Michael Smurfit caused the collision that killed Maureen by ‘driving an overloaded Bentley (with SEVEN passengers in a car designed for 5 passengers) at nearly twice the posted speed limit from the incorrect side of the roadway and caused the collision that killed Maureen Agnes O’brien’.

 

  1. On December 10, 2012, (in the middle of the Garda corruption scandal), Don Macallister filed a DUI MURDER complaint against Irish Honorary Consul to Monaco Sir Michael Smurfit within the three years required by the Statute of Limitations.

 

  1. The Irish Garda Commissioner Martin Callinan responded to Don Macallisters DUI MURDER complaint against Irish diplomat Sir Michael Smurfit by launching an illegal, corrupted and abbreviated non-investigation of Don Macallister’s DUI MURDER complaint.

 

  1. Irish Garda Commissioner responded to Don Macallister’s DUI MURDER complaint against Irish diplomat Sir Michael Smurfit by corruptly assigning two loyal graduates of the UCD Michael Smurfit School of Business to tamper with, delay and damage Don Macallister’s DUI MURDER complaint against Sir Michael Smurfit.

 

  1. An Irish police whistleblower later informed Don during the investigation that the loyal graduates of the UCD Michael Smurfit School of Business sent the lead forensic investigators conclusions back “three times” until the conclusions exonerated Sir Michael Smurfit from being held responsible for the drunk driving killing of Maureen O’brien and near killing of Maureen’s son Donald.

 

  1. In January 2015, (during the Garda scandal that brought down two Irish Garda commissioners in a row, caused Ireland’s justice minister to resign, and caused Ireland’s Taoiseach to publicly apologize), the graduates of the UCD Michael Smurfit School of Business in charge of supervising Don Macallister’s DUI MURDER complaint against Irish diplomat Sir Michael Smurfit informed Don that there would be ‘no prosecution’ of the namesake of the UCD Michael Smurfit School of Business.

 

Particulars of the Corrupt actions of the Irish Gardas

 

  1. The Irish Gardas corrupt actions that tampered with, delayed and permanently damaged Don Macallister’s DUI murder complaint against Irish diplomat Sir Michael Smurfit happened in the middle of the Irish Garda scandal. The corruption is evidenced as follows:

 

  1. The ‘non-investigation’ took four times longer than normal, according to the former Chief of Forensics for the Irish Garda.

 

  1. Irish Garda denied the plaintiff a normal trackable PULSE case number.

 

  • Irish Garda excluded the lead forensic Gardas original conclusions.

 

  1. Irish Garda excluded available eyewitnesses starting with Don Macallister.

 

  1. Irish Garda excluded crucial physical and forensic evidence.

 

  1. Following the close of the Garda’s preferential illegal non-investigation in March 2015, forensic Garda Edward Davin who led the Gardas forensic reconstruction of the crash informed Don as follows: “Don, my first conclusion was the same as Colms until they sent it back three times”.

 

  1. In March 2015, Irish Garda Commissioner Martin Callinan, who presided over the Gardas corrupt non-investigation of Don Macallisters DUI MURDER complaint against Irish diplomat Sir Michael Smurfit, was forced to resign after a Garda whistleblower reported Garda Commissioner Martin Callinan routinely provided preferential treatment to hundreds of Irish Government officials and prominent Irish business persons facing prosecutions for road and traffic violations.

 

  1. In March 2015, the Taoiseach of Ireland was forced to publicly apologize, and the Minister for Justice was also forced to resign, for allowing the Irish Garda to corruptly retaliate against the Garda whistleblower who reported the Irish Garda were routinely providing preferential treatment to hundreds of Irish government representatives and prominent business persons facing prosecution for various road and traffic violations.

 

  1. In 2017, Garda Commissioner Martin Callinans replacement UCD Michael Smurfit School of Business graduate Garda Commissioner Noirin O’sullivan, who was one of two loyal graduates of the UCD Michael Smurfit School of Business corruptly assigned to exonerate Sir Michael Smurfit from Don Macallister’s DUI murder complaint against Irish diplomat Sir Michael Smurfit, was also forced to resign for providing preferential treatment to hundreds of Irish Government officials and prominent Irish business persons facing prosecutions for road and traffic violations.

 

  1. Finally for good measure, on June 16, 2022, the former lead forensic Garda Edward Davin who led the Garda forensic investigation of Don Macallister’s DUI MURDER complaint against Michael Smurfit provided an additional admission to Don MacAllister. He stated as follows: “Don, as God is my witness, my first conclusion after reviewing the evidence was Michael Smurfit’s main claim that a sober Maureen was driving completely on the incorrect side of the road with her door skimming a few inches from the wall is a LIE and contradicts the physical evidence at the scene and the Garda diagrams from the original crash report”.

 

  1. It is also important to state that I made exhaustive efforts to try to secure justice. Notably, before, during and after I filed my DUI murder complaint against Sir Michael Smurfit on December 10, 2012, I sent requests for assistance to Ireland’s Prime Minister and Ireland’s Minister for Justice. After the Irish police whistleblower tipped me off that the Irish Police had corrupted, tampered, delayed and permanently damaged my DUI murder complaint against Sir Michael Smurfit, I wrote continuously to the Irish Prime Minister, Irish Minister for Justice and finally to EU President Ursula von der Leyen. I intended to inform said individuals that my DUI murder complaint had been compromised under Irish Police Commissioners Martin Callinan and Noirin O’sullivan, who were both forced to resign due to providing preferential treatment to DOZENS of Irish government officials and prominent Irish business persons facing prosecution for road and traffic safety violations including Irish diplomat Sir Michael Smurfit. Unfortunately, I received no assistance.

 

Particulars of violation of the EU and Irish Constitutions

 

  1. The Irish Government and Irish Garda violated Maureen O’brien’s and Don Macallister’s Constitutional right to equal justice before the law under Article 20 the EU Constitution and under Article 40.1 of the Irish Constitutions by allowing the Irish police to corruptly assign graduates of the UCD Michael Smurfit School of Business to exonerate Irish diplomat Sir Michael Smurfit from Don Macallisters DUI MURDER complaint against Irish diplomat Sir Michael Smurfit.

 

  1. Evidence indicates that the illegal Irish Garda’s non-investigation of Don Macallister’s DUI MURDER complaint against Irish diplomat Sir Michael Smurfit was corrupted and violated multiple standard DUI MURDER investigation norms from start to finish by graduates of the UCD Michael Smurfit School of Business.

 

  1. The Irish Garda Whistleblower scandal involved allegations of corruption within the Gardaí. It included a smear campaign against whistleblower Sergeant Maurice McCabe. The scandal also permanently damaged Don Macallister’s DUI murder complaint against Irish diplomat Sir Michael Smurfit.

 

Requested relief

 

WHEREFORE, Don Macallister prays this Honorable Court to issue judgment as follows:

 

  1. Arrest and/or prosecute Irish diplomat Sir Michael Smurfit for the DUI MURDER of Maureen Agnes O’brien and attempted murder of then 9-year-old Don Macallister at 12:23 am on August 31, 1972.

 

  1. Arrest and prosecute EU President Ursula von der Leyen and Ireland’s Taoiseach Michael Martin, Ireland’s Minister for Justice Helen McEntee, former Irish Garda Commissioner Martin Callinan and former Garda Commissioner Noirin O’Sullivan for serving as accessories to the DUI MURDER of Maureen Agnes O’brien after the fact by allowing operation of an illegal, corrupt non-investigation to assist Irish diplomat Sir Michael Smurfit to avoid responsibility for the DUI MURDER of Maureen O’brien and near killing of Don Macallister.

 

  1. Financial compensation to Don MacAllister, the surviving victim of Sir Michael Smurfit’s DUI MURDER of Maureen Agnes O’brien, and near killing of Don Macallister, commensurate with the loss of his mother, his being nearly killed, his suffering through years in an orphanage, and suffering 42 years of physical, emotional and financial after effects. Don prays that the compensation be sufficient to ensure the EU Government, Irish Government and Irish Garda may never again allow the Irish Police to provide preferential treatment to Irish Government officials and prominent business persons facing prosecution for DUI MURDER and other offenses.

 

Sincerely,

 

 

_______________

Don MacAllister

US Congressional Witness

US Congressional Tribute Recipient

 

 

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