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Max O"Mara
The Registrar
European Court of Human Rights
Council of Europe
F-67075 France Cedex
France
31 May 2009,
GARY OMARA VS FINLAND
I hereby wish to introduce an application with the Court under Art 34 of the Convention.
In November 2008 and December 2008 respectively the Finnish Deputy Parliamentary Ombudsman Mr.Eero Kallio and the Finnish Justice Minister Ms T. Brax, wrote to me suggesting that, in the matter of my son Max O’Mara’s (age 5) cause of death, all available avenues of investigations have been exhausted and that the Finnish authorities have acted according to the law of preliminary investigation and, presumably, a factual cause of death has been established.
Given the number of transparent anomalies, in the six (6) cause of death investigations, including 3 death certificates and 1 obviously fraudulent addendum to the first death certificate, it is very clear that these two high ranking officials has failed in their duty of care to investigate the matter of my son’s cause of death and, furthermore, they have failed to review properly the case history, in which there is compelling evidence that the Finnish state has systematically covered up salient aspects of a child’s cause of death.
During the course of the multiple causes of death investigations and the scandalous publication of multiple death certificates, I retained a leading attorney in Helsinki, Mr. Heikki Salo.
Mr. Salo wrote a legal opinion in connection with the putative police cause of death investigations
The deficiencies in the investigation may partly be explained by the fact that a preliminary investigation was never even begun, which means that at no stage did the policemen even suspect that Max O’Mara’s injury and delay in his medical treatment might have something to with the way the day care staff behaved. The investigative measures were not in accordance with normal preliminary investigation. Firstly, the daycare staff were not heard for more than a month after the injury and after the crime had been reported. Considering the serious nature of the matter this is unusual. There are three maps and six photographs of the site and a weather report. This can be considered unusually little when investigating events leading to the death of a child. The police left the hearing of other children in the yard to phone calls made eight (8) weeks later to their parents. It is obvious that this information been obtained when it was fresh, more and better information could have been obtained.
I have been informed that afterwards it has transpired that serious factual errors regarding, for example, a disease seen as a contributing cause of death (Stickler syndrome). If this is the case, this should lead by itself to a preliminary investigation and, in addition, to an investigation as to whether there have been wrongful actions in the cause of death determination and the related documentation. Writing incorrect documentation is, as a rule, prohibited and a punishable offence. (Heikki Salo Attorney at Law).
What is clear is that Max suffered a serious blow to the head at a school in Helsinki; yet there were no apparent witnesses to events and no one called an ambulance. The child haemorrhaged in his mother’s car on the way to hospital.
Max O’Mara was poisoned while in intensive care at Töölö Hospital in Helsinki, Finland
When the separate haematomas were evacuated, transparent anomalies were subsequently present in the intensive care records, which indicated massive infusions of a highly toxic barbiturate called thiopental. As a direct result of medical incompetence, at best, the child suffered soon after cardiac arrest, end-stage renal failure and toxic poisoning, and died.
However, the official cause of Max’s death, published in multiple death certificates, was brain disease, related to genetic factors and a spontaneous bleed in his brain. The official cause(s) of death, published in multiple death certificates, are fiction, being a stratagem designed by clumsy officials to cover-up catastrophic inadequacies in the Finnish social and health system.
I therefore allege that my late son Max Oscar O’Mara, aged 5, and I are victims of violations of the following articles of the Convention and seek a declaration from the ECHR that the following articles have been violated by Finland as well as award of just satisfaction regarding pecuniary and non-pecuniary damages plus legal costs and expenses. I will submit a completed application form as soon as the court so requires. The ECHR is requested to confirm receipt of this introductory letter.
1) art.2 (right to life)- regarding my late son, who died in suspicious circumstances at Töölö Hospital in Finland
The State has a duty not only to prevent a loss of life but also to conduct a robust investigation in case of a loss of life. Max has had, so far, 3 death certificates and one addendum; the Finnish state failed to take into account external violence to the child’s head and later, while in intensive care, suffered poisoning involving massive infusions of a barbiturate called thiopental).
2) art.3 (inhumane and degrading treatment)-regarding my late son: due to (transparent anomalies) in highly irregular police investigations as well as medical malpractice.
Regarding my person: anguish, distress and suffering due to the actions of the medical staff at the hospital, their attitude towards my son and me as well as my suffering after his death, where the Finnish police, high officials and courts keep ignoring my legitimate requests for a mandated preliminary investigation
3) art 6- Right to a Fair trial. Without a robust investigation into the death of my son it is not possible for me to obtain all relevant documents and to start court proceedings both in civil and criminal litigation.
4) art 13- (effective remedy)- the refusal of a significant number of high officials- including Justice Minister Brax, Parliamentary Ombudsman, the child advocate Riita-Leena Paunio and Chief of Violent Crime, Jukka Kaski, who was personally responsible for the original cause of death investigation, including illegal police interference in medical , expert witness statements. (See HYKS hospital archives viz Dr. Ilkka Kaitila).
5) ART 14- DISCRIMINATION IN RESPECT OF THE ABOVE MENTIONED ARTICLES OF THE CONVENTION
6) PROTOCOL 12 TO THE CONVENITON, WHICH PROHIBITS ANY KIND OF DISCRIMINATION
Sincerely,
Gary O’Mara
24 South Street,
Edgecliff
NSW. Australia
Tel: 0419402216
European Court of Human Rights
Council of Europe
F-67075 France Cedex
France
31 May 2009,
GARY OMARA VS FINLAND
I hereby wish to introduce an application with the Court under Art 34 of the Convention.
In November 2008 and December 2008 respectively the Finnish Deputy Parliamentary Ombudsman Mr.Eero Kallio and the Finnish Justice Minister Ms T. Brax, wrote to me suggesting that, in the matter of my son Max O’Mara’s (age 5) cause of death, all available avenues of investigations have been exhausted and that the Finnish authorities have acted according to the law of preliminary investigation and, presumably, a factual cause of death has been established.
Given the number of transparent anomalies, in the six (6) cause of death investigations, including 3 death certificates and 1 obviously fraudulent addendum to the first death certificate, it is very clear that these two high ranking officials has failed in their duty of care to investigate the matter of my son’s cause of death and, furthermore, they have failed to review properly the case history, in which there is compelling evidence that the Finnish state has systematically covered up salient aspects of a child’s cause of death.
During the course of the multiple causes of death investigations and the scandalous publication of multiple death certificates, I retained a leading attorney in Helsinki, Mr. Heikki Salo.
Mr. Salo wrote a legal opinion in connection with the putative police cause of death investigations
The deficiencies in the investigation may partly be explained by the fact that a preliminary investigation was never even begun, which means that at no stage did the policemen even suspect that Max O’Mara’s injury and delay in his medical treatment might have something to with the way the day care staff behaved. The investigative measures were not in accordance with normal preliminary investigation. Firstly, the daycare staff were not heard for more than a month after the injury and after the crime had been reported. Considering the serious nature of the matter this is unusual. There are three maps and six photographs of the site and a weather report. This can be considered unusually little when investigating events leading to the death of a child. The police left the hearing of other children in the yard to phone calls made eight (8) weeks later to their parents. It is obvious that this information been obtained when it was fresh, more and better information could have been obtained.
I have been informed that afterwards it has transpired that serious factual errors regarding, for example, a disease seen as a contributing cause of death (Stickler syndrome). If this is the case, this should lead by itself to a preliminary investigation and, in addition, to an investigation as to whether there have been wrongful actions in the cause of death determination and the related documentation. Writing incorrect documentation is, as a rule, prohibited and a punishable offence. (Heikki Salo Attorney at Law).
What is clear is that Max suffered a serious blow to the head at a school in Helsinki; yet there were no apparent witnesses to events and no one called an ambulance. The child haemorrhaged in his mother’s car on the way to hospital.
Max O’Mara was poisoned while in intensive care at Töölö Hospital in Helsinki, Finland
When the separate haematomas were evacuated, transparent anomalies were subsequently present in the intensive care records, which indicated massive infusions of a highly toxic barbiturate called thiopental. As a direct result of medical incompetence, at best, the child suffered soon after cardiac arrest, end-stage renal failure and toxic poisoning, and died.
However, the official cause of Max’s death, published in multiple death certificates, was brain disease, related to genetic factors and a spontaneous bleed in his brain. The official cause(s) of death, published in multiple death certificates, are fiction, being a stratagem designed by clumsy officials to cover-up catastrophic inadequacies in the Finnish social and health system.
I therefore allege that my late son Max Oscar O’Mara, aged 5, and I are victims of violations of the following articles of the Convention and seek a declaration from the ECHR that the following articles have been violated by Finland as well as award of just satisfaction regarding pecuniary and non-pecuniary damages plus legal costs and expenses. I will submit a completed application form as soon as the court so requires. The ECHR is requested to confirm receipt of this introductory letter.
1) art.2 (right to life)- regarding my late son, who died in suspicious circumstances at Töölö Hospital in Finland
The State has a duty not only to prevent a loss of life but also to conduct a robust investigation in case of a loss of life. Max has had, so far, 3 death certificates and one addendum; the Finnish state failed to take into account external violence to the child’s head and later, while in intensive care, suffered poisoning involving massive infusions of a barbiturate called thiopental).
2) art.3 (inhumane and degrading treatment)-regarding my late son: due to (transparent anomalies) in highly irregular police investigations as well as medical malpractice.
Regarding my person: anguish, distress and suffering due to the actions of the medical staff at the hospital, their attitude towards my son and me as well as my suffering after his death, where the Finnish police, high officials and courts keep ignoring my legitimate requests for a mandated preliminary investigation
3) art 6- Right to a Fair trial. Without a robust investigation into the death of my son it is not possible for me to obtain all relevant documents and to start court proceedings both in civil and criminal litigation.
4) art 13- (effective remedy)- the refusal of a significant number of high officials- including Justice Minister Brax, Parliamentary Ombudsman, the child advocate Riita-Leena Paunio and Chief of Violent Crime, Jukka Kaski, who was personally responsible for the original cause of death investigation, including illegal police interference in medical , expert witness statements. (See HYKS hospital archives viz Dr. Ilkka Kaitila).
5) ART 14- DISCRIMINATION IN RESPECT OF THE ABOVE MENTIONED ARTICLES OF THE CONVENTION
6) PROTOCOL 12 TO THE CONVENITON, WHICH PROHIBITS ANY KIND OF DISCRIMINATION
Sincerely,
Gary O’Mara
24 South Street,
Edgecliff
NSW. Australia
Tel: 0419402216
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