NOTICE OF INTENT TO SUE

XXXX

[Enter Address]

June ___, XXXXX

[The European Union]

[Enter Address]

[The Government of Ireland]

[Enter Address]

[Sir Michael Smurfit]

[Enter Address]

 

RE:     NOTICE OF INTENT TO SUE

Dear Sir/Madam,

 

This letter serves as my formal notice of intent to file a lawsuit against you on the ground that you violated my rights under the European and Irish Constitutions. Below, I have outlined in pertinent detail the factual and legal grounds of my intended Complaint against you.

 

  1. Brief Facts

 

The substance that forms the basis of my complaint against you began when I was nine years old where I witnessed a drunk driver, Sir Michael Smurfit, drive an overloaded vehicle at twice the recommended speed limit, and on the wrong side of the road. The said reckless driving caused the collision that killed my mother Maureen Agnes O’brien and nearly killed me. Consequently, Michael Smurfit presented false statements to the Irish police.

Following the crash, I was prevented from providing my eye witness testimony or attending my mother’s funeral. I was further instructed by my mother’s Trustee, Denis O’Brien Senior, to “never speak of this horrific event again.” I then spent years in an orphanage where I fought to survive physical and sexual assaults and post-crash PTSD after witnessing Michael Smurfit DUI murder my mother. In 1981, I was released from the orphanage at 18 years of age.

In 2008, my cousin, Judas O’brien, confessed that his father, Maureen’s Trustee, informed him after the crash that he made a deal with Michael Smurfit to withhold evidence that Michael Smurfit voluntarily drank alcoholic beverages to the point of intoxication knowing he would be operating a motor vehicle immediately prior to the collision that killed Maureen. Judas further informed me that in exchange, Smurfit gave Maureen’s Trustee Denis O’brien Senior and his son Judas millions of dollars to start a company that they sold for a $350 million profit. Judas O’brien offered to buy me a real estate property if I would drop the charges, but I refused and pledged to file a DUI murder complaint against Michael Smurfit and accessory to DUI murder complaints against Maureen’s Trustee and his son. Judas then threatened to kill me. An attempted out of court dispute resolution proved futile.

In December 2008, Smurfit admitted to me 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”? I declined Sir Michael’s offer to participate in the continued cover up of how Maureen really died.

In 2009, I confronted my mother’s Trustee in Ireland. The Trustee confessed to withholding evidence that Michael Smurfit voluntarily consumed alcohol immediately prior to driving his overloaded vehicle on the incorrect side of the road at nearly twice the speed limit and causing the collision that killed my mother. Denis O’brien Senior admitted that he accepted a bribe from Smurfit. In effect, Maureen’s Trustee Denis O’brien Senior confessed to serving as an accessory to Smurfit’s DUI murder of my mother by withholding evidence and accepting post-killing payments from Michael Smurfit.

I then decided to publicly re-investigate the crash. In 2010, I retained the former Chief of Forensics for the Irish police who concluded that Sir Michael Smurfit caused the collision that killed Maureen Agnes O’Brien. On December 10th 2012, within the three years required by Ireland’s Statute of Limitations, I filed a DUI murder complaint with Irish Garda Commissioner Martin Callinan against Irish diplomat Sir Michael Smurfit and accessory to DUI murder after the fact for unjust enrichment complaint against his mother’s Trustee Denis O’brien Senior.

Unknown to me, Martin Callinan, the Irish Garda Commissioner, (during the garda whistleblower scandal) corruptly assigned loyal graduates of the UCD Michael Smurfit School of Business to exonerate Sir Michael Smurfit from my 12-10-2012 DUI murder complaint. 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 my DUI murder complaint against Irish diplomat Sir Michael Smurfit.

Martin also exonerated Maureen’s Trustee Denis O’brien Senior from withholding evidence and accepting post-crash payments from Michael Smurfit. On January 6th, 2015, the two UCD Michael Smurfit School of Business graduates who supervised my DUI murder complaint against Sir Michael Smurfit informed me that there would be no prosecution of Sir Michael Smurfit or Maureens Trustee Denis O’brien Senior. In March 2015, the lead Irish Garda forensics investigator informed me that he reached the same conclusion as Colm (his former boss), “until they (the loyal graduates of the UCD Michael Smurfit School of Business) sent my conclusions back three times”.

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.

  1. Legal Basis

Having outlined the facts, it is my contention that you are liable as follows:  First, you are in violation of my Constitutional rights to equal justice before the law under Articles 20 of the EU Constitution and Article 40.1 of the Irish Constitution.  Article 20 of the European Constitution provides for equality before the law. Further, Article 40 of the Irish Constitution provides that all citizens, as human persons, shall be held equal before the law.

The death of my mother as a result of Sir Michael Smurfit’s voluntarily drinking alcoholic beverages to the point of intoxication, knowing he would be operating a motor vehicle before causing the collision that killed Maureen, is commensurate with the crime of DUI murder. Murder is a deprivation of life which is forbidden under the European Convention on Human Rights Article 2. Accordingly, the actions of Sir Michael Smurfit ought to be brought to prosecution.

However, the EU and Irish Governments allowed the Irish Garda to corrupt, tamper, delay and permanently damage my lawfully filed DUI murder complaint against Sir Michael Smurfit on December 10th 2012.

It follows; a Constitutional imperative has been given with regards to the right to sue under Article 20 of the EU Constitution and under Article 40.1 of the Irish Constitution.

  • Conclusion

 

It is evident that my rights were violated by the respondents following the depriving of my mother’s life. It is also evident that corruption, which impeded my quest for justice was a breach of my fundamental Constitutional right to seek redress equally before the law. In light of the failed attempts to settle this dispute outside court, I intend to seek the following remedies from the honorable court:

  1. An order acknowledging the gross violations by Sir Michael Smurfit and the EU and Irish Governments.
  1. An order of arrest and life imprisonment of Sir Michael for committing the crime of DUI murder, lying to police and obstructing justice by giving money to Maureen’s Trustee after Maureen’s Trustee withheld evidence which may have led to the prosecution of Sir Michael Smurfit, and attempted murder of then 9-year-old Don Macallister.
  1. An order of Arrest and prosecution of 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. An order granting me compensation commensurate with the drunk driving killing of my mother, attempted murder, years of forced servitude in orphanages followed by 32 years of severe physical, emotional and financial after-effects prior to my filing the DUI murder complaint against Sir Michael Smurfit and accessory to DUI murder complaint against Maureen’s Trustee Denis O’brien Senior December 10, 2012. 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.
  1. Evidence Attached

 

I have attached the following evidence that shows the barricades erected by the Irish police to impede justice:

 

  1. Irish Garda Commissioner Martin Callinan admitted to giving preferential treatment to dozens of Irish government officials and prominent Irish businessmen, including Irish diplomat Sir Michael Smurfit, the man who killed my mother. This violated my right to equal protection under the law.
  1. Irish Garda Commissioner Martin Callinan admitted to corruptly assigning loyal graduates of the UCD Michael Smurfit School of Business to exonerate his friend, Irish diplomat Sir Michael Smurfit, from DUI murder charges. This is a clear case of corruption and abuse of power. Callinan and his cronies put their own interests ahead of the law and the public good. They must be held accountable for their actions.
  1. The Irish police, under the corrupt leadership of Commissioner Martin Callinan, denied Maureen O’Brien and I, justice by refusing to assign a normal trackable PULSE case number to my lawfully filed DUI murder complaint against Irish diplomat Sir Michael Smurfit. This is a clear case of corruption and injustice. My mother Maureen O’Brien and I were denied their right to equal protection under the law, and the police improperly tampered with and corrupted my DUI murder charges against Irish diplomat Sir Michael Smurfit. Callinan and his cronies must be held accountable for their actions.
  1. Irish Police Corruptly Delayed and Denied Justice for Murder Victim Maureen O’brien. The Irish police, under the corrupt leadership of Commissioner Martin Callinan, delayed and denied justice for Maureen O’Brien and I by taking four times longer than normal to investigate their DUI murder complaint against Irish diplomat Sir Michael Smurfit, according to the former Chief of Forensics for the Irish Garda.
  1. According to a Garda whistleblower, Irish Garda Commissioner Martin Callinan ordered the lead forensic Garda to change his conclusions three times until they exonerated Smurfit. The Irish police maliciously excluded crucial eyewitness testimony, physical and forensic evidence. This is a clear case of corruption and injustice. Macallister and O’Brien were denied their right to equal protection under the law, and the police took corrupt actions to exonerate Irish diplomat Sir Michael Smurfit from being held accountable for driving drunk and causing the death of Maureen O’brien. Callinan and his cronies must be held accountable for their actions.
  1. In March 2015, Irish Garda Commissioner Martin Callinan was forced to resign for publicly admitting to retaliating against the Irish Garda whistleblower who reported Irish police were providing preferential treatment for dozens of Irish Government officials and prominent Irish business individuals including Irish diplomat Sir Michael Smurfit and Maureen O’brien Trustee Denis Obrien Senior.
  1. In March 2015, Ireland’s Prime Minister was forced to publicly apologize for allowing the Irish Garda under Commissioner Callinan to provide preferential treatment to DOZENS of Irish government officials and prominent Irish business persons including Irish diplomat Sir Michael Smurfit and Maureen O’brien Trustee Denis Obrien Senior.
  1. In 2017, Irish Garda Commissioner Martin Callinan’s replacement of UCD Michael Smurfit School of Business graduate Noirin O’sullivan (who directly oversaw my DUI MUDER complaint against Irish diplomat Sir Michael Smurfit) was also forced to resign for retaliating against the same Irish Garda whistleblower who reported the Irish Garda provided preferential treatment to DOZENS of Irish Government officials and prominent Irish business persons including Irish diplomat Sir Michael Smurfit and Maureen O’brien Trustee Denis Obrien Senior.

Sincerely,

______________

Don Macallister

At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )