Mr. Tony Winter
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Email:medusa338-a@yahoo.co.uk
OPEN LETTER by emails to,
President of the European commission,
José Manuel Barroso ........................@cec.eu.int
Vice President Franco Frattini ........................@cec.eu.int
EU Enlargement Commissioner, Olli Rehn ......@cec.eu.int
Wed, 5 Apr 2006 14:49:27
Ref: AW / 07031322b Dossar ????2003, Timisoara.
Dear kind Sirs,
I apologise for writing to you in this period where you no doubt are very busy.
It is to request, that the EU application for candidature from Romania be postponed on grounds of legal and governmental willful maladministration, misprision and abuse of the most deplorable kind where acts and omissions of negligence are knowingly accomplished.
I have a large volume of evidence, going back to various periods in the past 40 years that show unequivocally where the judicial system, has been subjected to various short and long term attempts to seek a proper and local remedy for my wife, a citizen of the United Kingdom and Romania whose close members of her family stole her rightful inheritance both contrary to her human rights, EU convention laws, and the Romanian Constitution, the list of breaches is extensive. The authorities at that time, also knowingly and willfully denied their state and judicial responsibility towards my wife, orphaned by her mother's (Director of Hospital) death by accident while working.
At one point the formerly deposed President Ceaucescu assisted in two weeks giving remedial assistance that culminated in a very small part of her claim reaching the court, successfully. Those funds, from 25 years ago, now worthless, remain in the CEC bank as evidence today of that partial success. His performance was the sole example of a viable working judiciary capable of treating a legal case openly, whereas now, the descent to opacity has become consolidated with the directing minds being unequivocally, relevant persons in high office.
Shortly afterwards, a second case commenced, but became frustrated due to bribery and corruption locally in the town of Timisoara, the case went forward over several years until we discovered my wife's uncle, the defendant, had former close links with our hired attorney, and the case trailed into years of obscurity with a court hearing being postponed due to irrational behaviour from the defendants. Years came and went with attempts failing under these circumstances, the system was by then undergoing serious change towards a hopeful democracy.
Three years ago, the defendant – uncle, died, and only then it came to light that the stolen inheritance had been obtained, by bribery with the bank, (the bank account names being my wife's mother and hers alone) over a period of years the uncle obtained the money by informing the bank that my wife had died abroad, and was never to return, he purchased the apartment, unbeknown to us. His life had been marked with constant illness, and there was no possibility whatsoever of his sudden enrichment that could be explained other than it was by the stolen money being invested in property of which we new nothing until his death. My wife was also at that time witness to a substantial sum of cash being handed to the uncle to hold in trust for safe keeping as she was moving between hospitals. This came as no surprise, except that at last we knew where the money had been used.
On his death, three years ago, we made renewed applications to the Embassy in London, and Romanian court, myself being competent in English law, drawing up the Romanian equivalent of EU and English legal forms, with testimony and approaching with renewed vigour under a supposed democracy with more respect for their own constitution and human rights. This is being pursued neither for the money nor the property, although certainly we would have need of it, but the sole principle is JUSTICE and the removal of stolen goods from criminals who should not benefit from this theft that otherwise might well have been made available to her family in some form of grace and favour until death. Had we been properly approached for consent to use, rather than theft and insulting our intelligence the usage would have been made available free of charge. The issue here is justice even at the price of the proceeds of the property being given to charity. The alarming question is “Can Romania deliver justice to its own citizen, and her son, to whom this property is vested?” So far after three years the legal process on my unequivocal evidence shows, the judiciary has descended to a worse level than under the former 'so called dictatorship' of President Ceaucescu.
How an open democracy can achieve such a deplorable and egregiously invidious outcome might be to some a complete mystery, and the subject of the proposition that it was 'all simple negligence'. Certainly NOT, since my communications (250 in all formats) are registered electronically, I have reliable evidence that some are opened, but those remain to this day, three years later, never replied to. The extremely reprehensible consequence of such a proposition leads by direct sequitur of inference to the conclusion that the omissions are willfully committed with the 'mens rea' of guilty minds governed by a profound and deeply entrenched policy agenda, despite public declarations of reform, and contrary to what should be happening with extreme rapid acceleration as the candidature reaches a zenith in its approach to enlargement. After 40, 32 25 and now 3 years, you can well imagine that my folder of evidence is such that there is more than sufficient for a biography, and publication to seek , if no other remedy is available, retribution by revelation and 'shame by naming'. Of all this the authorities have been well informed at the highest level, and that I would have preferred to keep the matter, a local issue, inside the country. Despite 30 notices of intent this past month, I have not received the common etiquette of any acknowledgment.
The Authorities high and low, Ministry of Justice, Mayor, Court, President, Prime Minster and Director of the Ministry of Justice all have received in the past 30 days some 28 emails.
An evidential minute sample of evidence is provided here, by a further email to follow over the next 24 hours.
All Romania's energy is directed towards reform in legislature only, but the de facto situation is remarkably worse than it was under the previous ideology. The state machinery is Janus faced, showing one to the EU for its candidature, and the other, to a citizen, legally departed on good terms with friends remaining but even worse in want of formal courtesy of reply that is deplorable, culpable and unacceptable for membership of a community about to confer enormous benefits on the leaders and citizens.. The opportunity to remedy and respect the Romanian constitution, EU laws, Human rights and common courtesy has all been present this past 40 years and breached with a meticulous consistency that remains and has worsened this past month.. This track record is a hopeless one for even the slightest optimism of reforms in the required time window for candidature of membership of the civilised western nations. I shall prove all these contentions beyond reasonable doubt.
I have informed the highest in authority that having exhausted all local remedies, more than 5 times over, with 250 emails, letters, telephones faxes, and several lawyers being employed to date, the case failed to come to trial since the essential pre-action protocol simply never existed, no defendant was ever served with the claim,and no contact whatsoever from the defendant, who is completely reliant on the lifelong malaise in the judiciary for no action or if so, then bribery would defeat it. The legal advisers recognised the legitimacy, made contact with the defendant and we hear no further. The system prevents this being opened with transparency.
The four essential requests through the courts in Timisoara, were:
Observe pre-action protocol, and advise the defendant of what is being claimed,
Serve a translated English / Romanian testimony, claim and defence pack on the defendant,
Have the request for an ex-parte order of confiscation of documents shorty after the uncle died, and before the property became occupied, carried out.
Register a charge, caution or freezing order on the property before it changed hands.
All the above, three years ago, would be pre-requisites prior to any consideration of our making the expensive journeys required at that time to meet the defendant in court. Now I am registered disabled and with greaat difficulty in travel, and both I and Mrs. Winter are entitled under English law, and should be under Romanian law, entitled to exemption from court costs in this affair.
I have telephone recorded calls with the court in Timisoara showing clearly that only last year, the chief clerk land registry and others were simply terrified to talk openly on the telephone. This bar to transparency reveals that the EU is being represented with a face of civilised conduct for the sole purpose of becoming a beneficiary of EU grants and subsidies, all other forms of legal conduct are non existence in so far as we are concerned.
By now of course, I hold all members of authority who have participated in blocking, obstructing justice and probably causing the loss of the property beyond recovery, responsible of misprision, maladministration, malfeasance, nonfeasance, misfeasance and downright abuse of civil procedure combined with inured discourtesy that has its roots in a system where silence is the manner of serving detriments of omissions.
I have prevailed in 12 court hearings with British institutions, including the Crown Prosecution Service, Police and the 2nd largest bank in the world. I have no desire to employ a Romanian lawyer since by this time, I have more than enough evidence the system, let alone lawyers subject to bribery cannot be relied upon. Unless directed by a supreme authority in Romanian Parliament, perhaps the Head of the anti corruption ministry, President or Prime Minister this case shall proceed no further.
I am now taking the steps required to inform all foreign Ministers of membership to the community, that if Romania is permitted to proceed with its application for candidature, then this case, although small, is a major impediment warranting serious concern as to the duality of their application, one side only being represented openly the other being suppressed deliberately. Should Romania be allowed membership then they may expect a court case to ensue, using the European Legal agencies and forms under the Hague conventions to be used. Equally should their candidature be approved it shall be from this point in time knowingly and with the full cognisance of all EU member state Foreign Minsters, The US, Canada and Sweden, where some remaining family associates are now residing.
I appeal to you to intervene, as I am now set on a course to publicise on the Internet, my several sites already occupying top ranking in the main search engines. I examine the daily news from Romania and the EU, and shall time my moves coincidental and close with major announcements.
I was informed by telephone just 30 days ago that all my emails are monitored by Ioana Istrata and Ion Oana Cristina, and I had the highest assurance of their being scrutinised. Their instructions to pass the letters to the relevant members of parliament were very clear, and despite the technology used for input of emails leaving no traces, I have screen copies of their transmission. This misprision is of the most remarkably bad conduct, or else there are specific orders to ignore my correspondence. I have evidence to rely on that this is willfully and knowingly committed.
I remain, yours most respectfully, Tony Winter.
E & O I.
A.H. Winter B.A. Lit., B.A. Phil (Hons), Additional interests: Psychology, Law, Shakespeare, Music.
Former MD, Clothing. OEM, IT manager, Application designer, Lecturer, Programmer (Unix,Csh,Basic,C,C+, Author of DBMS III, Menuix)
Copies will be served after 7 days from receipt of this first communication,
The Prime Minister,
Ana MIHĂILĂ, Director,
Mrs. Monica Luisa Macovei,Minister of Justice.
followed by a serialised transmission to Foreign Ministers, and relevant government bodies.