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A Reply to Senator Mansergh A REPLY TO SEN at O R Mart IN MA N S E R GH ON THE Cas E OF (PR E S IDEN T ) Mar Y MCALEE S E VS. BR END A N CLIFFO R D by Brendan Clifford CONTENTS Introduction 3 Statement Of Claim 7 Reply 9 Commentary 18 A London Lawyer 19 Response To Reply 20 Swearing 22 Law In Belfast 23 Sequence Of Action 25 Judge Or Jury 28 Action Abandoned 29 Fair Employment 30 Malone Interlude 33 Protestants, North And South 34 David Trimble And Others 35 McAleese Biographies 40 Charles Brett 44 The Authorised Presidential Biography 49 Appendix 55 January 2007 ISBN 1-874157-17-0 or 9-781874-15717-5 Some earlier issues of A Belfast Magazine (since the McAleese suppression)— Lord Downshire: A Proposal For A Union Of Ireland And Britain (1751) No.13 Orange Terror, by ‘Ultach’ (1943) No. 16 Linda Kearns: In Times Of Peril (1922) No 16a George Giffard: Orange: A Political Rhapsody (1798) No.17 Ireland by Lionel Curtis (1921) No. 20 The Casement Diary Dogmatists No. 22 Traitor-Patriots In The Great War: Casement And Masaryk. With a No.23 review of the Rise and Fall of Czechoslovakia The Politics Of Pre-War Europe. From The Catholic Bulletin, 1937-39 No. 24 Union Jackery: the pre-history of Fascism in Britain No. 25 August 1969: Ireland’s Only Appeal To The United Nations No. 26 Britain’s Great War, Pope Benedict’s Lost Peace No. 27 The Grammar Of Anarchy by J.J. Horgan No. 28 Military Aspects Of Ireland’s Arms Crisis Of 1969-70 No. 29 All these and other Athol Books publications can be ordered securely online through the Athol Books website: http://www.atholbooks-sales.org 2 A Reply To Senator Martin Mansergh On The Case Of (President) Mary McAleese vs B. Clifford "EMPLOYM E NTS FALL INTO A HI E RARCHICAL GRADATION OF R E PUTABILITY . THOS E WHICH HAV E TO DO IMM E DIAT E LY WITH OWN E RSHIP ON A LARG E SCAL E AR E TH E MOST R E PUTABL E … NE XT TO TH E S E IN GOOD R E PUT E COM E THOS E E MPLOYM E NTS THAT AR E IMM E DIAT E LY SUBS E RVI E NT TO OWN E RSHIP AND FINANCI E RING —SUCH AS BANKING AND LAW . BANKING E MPLOYM E NTS ALSO CARRY A SUGG E STION OF LARG E OWN E RSHIP … TH E PROF E SSION OF TH E LAW DO E S NOT IMPLY LARG E OWN E RSHIP ; BUT SINC E NO TAINT OF US E FULN E SS , FOR OTH E R THAN COMP E TITIV E PURPOS E , ATTACH E S TO TH E LAWY E R 'S TRAD E , IT GRAD E S HIGH IN TH E CONV E NTIONAL SCH E M E . TH E LAWY E R IS E XCLUSIV E LY OCCUPI E D WITH D E TAILS OF PR E DATORY FRAUD , E ITH E R IN ACHI E VING OR IN CH E CKMATING CHICAN E , AND SUCC E SS IN TH E PROF E SSION IS TH E R E FOR E ACC E PT E D AS MARKING A LARG E E NDOWM E NT OF THAT BARBARIAN ASTUT E N E SS WHICH HAS ALWAYS COMMAND E D M E N 'S R E SP E CT AND F E AR ." (Veblin: The Theory Of The Leisure Class). 1. INTRODUCTION . a letter to the Irish News in If that paragraph had which I replied as follows on been published, I would Senator Martin Mansergh this point: have considered the matter wrote as follows in a letter closed—unless McAleese, to the Belfast Irish News, "He gives the wrong or somebody on her behalf, which was published on 25th title to the Institute of disputed my statement of the September 2006: which Mary McAleese was facts, which would have been appointed Director, and it unlikely as the facts were "Clifford implies that he makes all the difference. easily ascertainable. While the was always strongly anti- She had no "professional" paragraph did not explain the Trimble, notwithstanding experience of legal significance of the facts stated the inspiration provided practice. The appointment in it, I would have let the matter to him by the two-nations was made in breach of rest if the bare facts which it theory. If so, it is difficult Fair Employment rules. states were published. But to explain why in a Though she had not they were not published. Belfast magazine in 1987 made the appointment, he strongly criticised she started a libel action The Editor of the Irish News, the integrity of Mary against me over it and did Noel Doran, having published McAleese's appointment not merely issue a "threat" Senator Mansergh's false to the post of director of it. I had to conduct my assertions did not publish my of the Institute of Legal own defence against her rebuttal. By failing to publish Studies at Queens, where solicitors and barristers my reply, he associated the only other candidate for lack of funds. A week himself and his paper with the was David Trimble; before trial she settled Senator’s allegations. and why he joined and without a penny in costs supported the Unionist or damages. My criticism Senator Mansergh's hullabaloo over it. of her appointment was assertion was made in a not on the grounds that letter of about 720 words, in "How did he respond Trimble should have which many other assertions to the threat of legal got the job. I did not were made as well. I replied action by Mary McAleese know his application to what I took to be the most supported by Queen's? had been solicited. important assertions with a Clifford definitely has The appointment of letter of about 900 words. My form." either would have letter was cut down to about been in breach of Fair 430 words by the Editor of the On 28th of September I sent Employment rules." Irish News without consulting me. By far the most important 3 cut was my reply to the by publishing details of the who had an influence on me Senator's statement about the President's libel action, and by his dogged probing of the President's libel action. giving them what circulation I implications of Mansergh's can by my own resources. views—which amounted to The Editor of the Irish a re-writing of the history of News was under no obligation I cannot see how this will Fianna Fail in the Treatyite that I know of to publish the be more to the President's interest. Senator's allegation. The advantage than a paragraph Senator does not have a in a daily newspaper that When Mansergh brought controlling interest in the would have had a butterfly me into his argument with O paper. But, once the Senator's existence—here today, gone Comain I sent in a reply, and allegation was published, an tomorrow. But Senator I was surprised when it was impartial Editor would have felt Mansergh and Mr. Doran have published, and wondered if under obligation to publish the determined that it must be the leopard had changed its reply to it. so. It is not an option to allow spots. Mansergh responded oneself to be blackguarded by with further allegations, and my Doran chose to publish them. reply was published. the Senator's allegation. And then he chose not to publish I should explain the Mansergh then put in a my reply. But he published circumstances which led to third set of wild allegations, a butchered letter of mine Senator Mansergh writing beginning "I wish this letter to replying to lesser points in rambling, ill-informed letters close my side of a distasteful the Senator's letter, without against me to the Irish News. correspondence"—a any indication of Editorial correspondence that would cuts, thus giving his readers He has been in long- never have happened if he to understand that I had been term dispute in the Letters' had not provoked it—which given a right of reply and Column of the Irish News with included his allegation about that, since I had not disputed Liam O Comain, a Northern McAleese's libel action. And what the Senator said about Republican who is critical of the Irish News demonstrated, the President's libel action, the Good Friday Agreement. by censoring my reply, that it I accepted it as being in It seemed that the Senator had not changed its spots. accordance with the facts of set out to crush intellectual the matter. dissent from the Agreement In that censored reply I and somehow got the idea pointed out that Mansergh It was imprudent of Mr. that I was behind his failure used the wrong title of Doran to have raked up the to do so. I did not try to take McAleese's position. She was President's pettish libel action part in the argument. I was appointed to be Director of the against me by publishing the blackballed by the Nationalist Institute Of Professional Legal Senator's paragraphs. And it press back in 1970 because Studies. He omitted the word was stupid of him not to have of the unpopular stance I took "Professional". closed the matter by publishing then, and I accepted that my paragraph in reply. exclusion as a condition under Legal studies are conducted which I would have to function.
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