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Notice of Appeal



L30/13/1772

I Aidan Moore Aidan Moore aidan.moore@ombudsman.gov.ie info@lobbying.ie (01) 6395711 (087) 9175186 (01) 639 5684 Peter Tyndall Peter Tyndall Peter Tyndall Office of the Ombudsman Irish Office of the Ombudsman The Irish Ombudsman Office of the Information Commissioner Standards in Public Office Commission Investigates complaints about public officials. 18 Lower Leeson Street Dublin D02 HE97 Ireland (1890)253238 (01)6395689 (01)6395674 (01)6395676 Dáil Éireann The Government of Ireland Kildare Street Dublin Ireland have reviewed both my initial letter of complaint sent to Mr. Francis Sheridan Francis Sheridan Frank Sheridan Francis Sheridan Longford County Council Longford County Council Longford County Council Great Water Street Longford Co. Longford N39 NH56 Ireland 043 3343000 Longford Sports and Leisure County Longford Sports and Leisure Centre Public Sports Facility The Mall Longford Co. Longford Ireland 043 3346536 043 3346431 longfordsportscentre@eircom.net http://longfordsportsandleisure.ie/other/images/building_sm.jpg 1 Longford County Library Longford County Library Longford County Library Town Centre Longford Co. Longford Ireland 043 3340727 library@longfordcoco.ie on 28 Mar 2013, the mechanics of the Ombudsman Peter Tyndall Peter Tyndall Office of the Ombudsman Irish Office of the Ombudsman The Irish Ombudsman Office of the Information Commissioner Standards in Public Office Commission Investigates complaints about public officials. 18 Lower Leeson Street Dublin D02 HE97 Ireland (1890)253238 (01)6395689 (01)6395674 (01)6395676 Dáil Éireann The Government of Ireland Kildare Street Dublin Ireland complaints process, and the eventual finding sent on 25 Feb 2014. I am very shocked and totally bewildered by the conclusion, which may have been entirely different had one additional factor, not mentioned in the summary of my complaint, been considered.

This factor is the suppression of the truth. Almost all of those who could confirm that my version of events is correct, are people I know only through the pool, and only by first name. As a result, my only method of establishing contact to convey my distress at the time, and enlist help, was by physically attending the public park where the pool is located.

On 25 Mar 2013, while attempting to enlist this help, I am convinced that I was monitored on CCTV while sitting on a public park seat, and Gardai were on the scene within 20 minutes of my first encounter. They ordered me from the park, threatening me with arrest should I return to the area. The Garda comment that distressed me most was a remark that the park was "used by children". Gardai have confirmed that the complaint was instigated by Longford Town Council (ie: Mr. Dan Rooney Dan Rooney Dan Rooney (043)3341470 Knockahaw, Dublin Road, Longford Longford Town Council Longford Town Council Longford Town Council 2014-06-01 Noleen Rooney Noeleen Rooney Noeleen Rooney (043)3341470 noeleenrooney@gaelic.ie Knockahaw, Dublin Road, Longford Scoil Eimear Scoil Eimear Longford, Ireland scoileimear.ias@eircom.net (043) 3341188 Janet McWeeney Janet McWeeney Janet McWeeney Melview, Longford http://i370.photobucket.com/albums/oo147/padraic17/CD4DidiFotoFrame/May2008085.jpg http://i370.photobucket.com/albums/oo147/padraic17/CD4DidiFotoFrame/June-July2008450.jpg http://i370.photobucket.com/albums/oo147/padraic17/CD4DidiFotoFrame/June-July2008112.jpg https://pbs.twimg.com/media/CWlJefcWsAA-3V6.jpg Padraic McWeeney Padraic McWeeney Padraic McWeeney Teacher padraicmcweeney@yahoo.ie http://www.longfordleader.ie/resizer/750/-1/false/1508323984702.JPG--longford_community_games.JPG?1508323987000 http://i370.photobucket.com/albums/oo147/padraic17/CD4DidiFotoFrame/OctNov2008098.jpg http://i370.photobucket.com/albums/oo147/padraic17/CD4DidiFotoFrame/May2008103.jpg http://i370.photobucket.com/albums/oo147/padraic17/CD4DidiFotoFrame/P1310062.jpg http://i370.photobucket.com/albums/oo147/padraic17/CD4DidiFotoFrame/July2008067.jpg http://i370.photobucket.com/albums/oo147/padraic17/CD4DidiFotoFrame/June-July2008243.jpg http://i370.photobucket.com/albums/oo147/padraic17/Japan%202006/P7220397.jpg http://i370.photobucket.com/albums/oo147/padraic17/Japan%202006/P7220405.jpg http://i370.photobucket.com/albums/oo147/padraic17/Japan%202006/P7210342.jpg http://i370.photobucket.com/albums/oo147/padraic17/Japan%202006/P7220395.jpg http://i370.photobucket.com/albums/oo147/padraic17/Japan%202006/P7170166.jpg http://i370.photobucket.com/albums/oo147/padraic17/Japan%202006/P7170166.jpg http://i370.photobucket.com/albums/oo147/padraic17/Japan%202006/P7170184.jpg http://i370.photobucket.com/albums/oo147/padraic17/Japan%202006/P7160149.jpg St. Mels College Longford, Ireland stmels@stmelscollege.ie (043) 3346469 (043) 3346905 Scoil Eimear Scoil Eimear Longford, Ireland scoileimear.ias@eircom.net (043) 3341188 Longford Swimming Club Longford Swimming Club The Mall, Longford, Ireland ).

Subsequent attempts to establish the nature of the complaint and the bounds of the restriction were frustrated by the attitude of the then Superintendent (since retired), who made every effort to deter me from establishing facts, which would have been to the detriment of those against whom I complained to this office. Eventually his attitude was the subject of a registered letter of complaint to the Garda Commissioner, Martin Callinan on 06 Jan 2014. I will provide this correspondence if necessary to demonstrate the extent of efforts to suppress.

Under threat of a referral to the Garda Siochana Ombudsman Commission, should the matter not be resolved to my satisfaction, I met with the Inspector in Charge, Fran Nicholson, and Sgt. Ursula Hussey at Longford Garda Station on 04 Mar 2014. Having met me, they confirmed that they believed my version of events, and that there are no blemishes recorded against my character or on Pulse. To get to that point took almost an entire year.

Only by meeting and reading the demeanour was it possible to get a sense of the person behind the words, and that's where this process failed. I cannot understand how an objective conclusion could be reached in the absence of a physical meet, and believe absolutely, that a conclusion should not have been reached without every effort being made to test the credibility of competing versions of events.

The most recent contention made by the Councils, prior to this finding, was that the matter was outside of the remit of the Office of the Ombudsman, as the facility was supposedly run by an independent, private company. Once I became aware of this, I was able to immediately counter that argument factually in terms of Council financing, shareholdings, and a direct link to Longford County Council's own site, that proved the falsehood of their claim.

This deception in itself should have elevated my credibility above that of the Council's, should conflicting accounts arise, but this does not appear to have happened.

On reading the final report, I'm very struck by a number of deceptions that should not have been taken at face value, but were.

I take particular exception to the sentence under the heading "The view of this Office" that states: The complaints made about you certainly appear to be legitimate, made by ordinary members of the public... just like you. These people were NOT "just like me", and have been the subject of many complaints made by swimmers and members of the public to me.

I believe it would be defamatory for me to list those comments here. My impression that complaints were induced, should have been examined for validity and questions of that nature posed.

Neither does it make any sense that even though the entire pool building is monitored by CCTV, not one mention was ever made that my supposed misdemeanours were caught on camara and produced.

Had I been in such a position of power, I would certainly have used that to back up my claims. This should really have been insisted on by your office.

The most detrimental misassumption that affected this finding, is that the Council acted reasonably by giving you the opportunity to put your side of events. This was NEVER the case, and I COULD NOT UNDER ANY CIRCUMSTANCES, LEGITIMISE THE AUTHORITY OF THE VERY FABRICATORS TO ALSO ARBITRATE. This is the very essence of why the original complaint was sent to this office in the first place, and has clearly been overlooked.

When I referred in the initial formal complaint to have had "no impartiality", this was precisely what I had in mind.

I cannot understand or cannot accept, that by compounding offences, the Council is allowed to evade accountability. Finally, once and for all, I want to blow the myth that I was abusive, rude or threatening to "Pool staff". This needs to be re-read as " David Sheridan David Sheridan David Sheridan Director Ship My Tri Bike Ship My Tri Bike Suite 17, Redleaf House, Townspark, Co. Longford, Ireland https://www.facebook.com/739685492770783/photos/1146730052066323/ 0 (083)3068781 https://www.google.ie/maps/place/Redleaf+House,+Townparks,+Longford/@53.7242402,-7.8034786,15z/ ", and the only thing I threatened him with was an uncovering of the truth. If the truth is a threat, then I'm guilty of that.

Under Freedom Of Information, I am formally requesting a copy of the "detailed report" sent to your offices by Longford County Council. Longford County Council Longford County Council Great Water Street Longford Co. Longford N39 NH56 Ireland 043 3343000 Longford Sports and Leisure County Longford Sports and Leisure Centre Public Sports Facility The Mall Longford Co. Longford Ireland 043 3346536 043 3346431 longfordsportscentre@eircom.net http://longfordsportsandleisure.ie/other/images/building_sm.jpg 1 Longford County Library Longford County Library Longford County Library Town Centre Longford Co. Longford Ireland 043 3340727 library@longfordcoco.ie It is clear to me that this is an utterly defamatory document, held on file about me, written using man-hours paid for by the tax-payer, and has had a tangible negative impact on me in terms of the conclusions reached by this office.

Having got no answers or no satisfaction to my formal letter of complaint to Mr. Francis Sheridan of 28 Mar 2013, I am now requesting that the shortcomings of the process thus far be thoroughly addressed through an appeal.

I am astounded to be in a position that Longford assumes I've done something wrong just because someone makes that claim, and my constitutional right to my good name is denied until such time as I can prove my own innocence.