Communications & Victims Liaison Unit
Office of Director of Public Prosecutions
Infirmary Road Co.
May 5TH 2017
DPP Case No: 2017/1628 Request for Review
Dear Gareth Henry,
In response to your letter dated 21st April, I wish to request a review of your decision not to prosecute in relation to my complaint.
Although I have yet to be furnished with a copy of the Garda investigation file that was sent to your office, I believe what was done to me and my elderly widowed sister constitutes Financial Elder Abuse and there is sufficient evidence to prosecute.
1. Robert B. Marren distributed the estate assets speedily over the Christmas period 2014 in the knowledge that 2 of the beneficiaries were actively attempting to retain a solicitor to act on their behalf to prevent him closing.
16/12/14 Michael Gavin to Marren Page 121 Google Drive Link
2. Robert B. Marren threatened 2 of the elderly beneficiaries and coerced them to retain a solicitor to prevent him distributing the estate assets.
22/12/14 Marren to Gavin Page 123
3. Tony Henry Tormeys Solicitors Athlone facilitated Marren by failing to undertake the instructions given him through John Glynn Solicitor to prevent Marren closing in isolation to well-founded objections?
14/01/2015 John Glynn Patrick Hogan & Co. Solicitors to Tony Henry Tormeys Solicitors Page 124
4. Marren refused to award Michael Gavin the Department of Agriculture Grant monies.
a) Delayed making the decision regarding Michael Gavin’s share in the farming profits and rightful share of the grant monies received from the Department of Agriculture until the very end with the draft distribution account that contained countless errors on 18th September, 2014.
b) Michael Gavin was lied to countless times and led to believe that he would be refunded at closing by both his sisters Anne Sanford and Kathleen o’Keefe. Garda Tim Farrell Taughmaconnell was present on one occasion back in 2009 when Anne Sanford stated if Mikie needed money to feed the Farm animals he could go in to John Glynn Solicitor. The 2 sisters always assured Michael Gavin that he would be compensated at closing.
c) Why did Mr. Robert Marren, Solicitor, Mullingar make a decision in March 2013 to accept Michael Gavin’s claim to owning half the livestock and all the sheep?
14/03/13 Marren to Gavin & Linney, Page 59
But yet for no logical reason refused to award Michael Gavin the net amount €116,789.11 due to Michael Gavin out of the Single Payment Entitlements representing Michael Gavin’s ½ share in the profits from farming the lands, which was also sent to Mr. Robert Marren, Solicitor, Mullingar on the 5th of December, 2015 for his consideration.
05/12/14 Michael Gavin to Marren Page 115
5. Marren awarded Elderly Michael Gavin and his widowed sister €12,500 plus interest less than what they were entitled to, and also held on to the funds from the land sale for nearly 2 years for no good reason.
05/07/13 Marren to Gavin & Linney enclosing copy letter dated 3rd of July, 2013 from T & N McLyim, Solicitors Page 65
11/11/14 Michael Gavin to Robert Marren Page 94
11/11/14 Marren to Gavin Page 100
05/12/14 Michael Gavin to Marren Page 111
6. Marren deduct €3,764.91 from Eileen Linney for Animals she never owned.
11/11/14 Marren to Gavin Page 100
7. Robert B. Marren did not provide a “detailed bill of costs” despite repeated persistent written requests.
In the letter (11/11/14 Marren to Eileen Linney incorporating detailed reply to Michael Gavin’s letter of the 17th of October, 2014;) point 4 (b) Marren states that “a Bill of costs will be furnished with revised Distribution Account”
11/11/14 Marren to Gavin page 96
Lie – He never did!
Several written requests were made to Marren for a “detailed bill of costs”
17/10/14 Michael Gavin to Marren Page 91 4(b)
06/02/2015 Gavin & Linney to Tony Henry Tormeys Solicitor Page 126 (4)
11/04/2015 Linney to Marren Page 129 (4)
13/04/2015 Gavin to Marren Page 130 (6)
19/05/2015 Linney to Marren Page 133
09/05/2015 Gavin to Marren Page 137
17/06/2015 Linney to Marren Page 143
We are of the opinion that the devil is in the detail and that is why Marren refuses to furnish a “detailed bill of cost” for his excessive fee of €40,892.53
8. Marren squandered the estate assets and hired an additional accountant to oversee the accounts
a) Marren did not get approval for Damien Hannigan & Company Limited Chartered Accountant, Mullingar. Why was he hired against the explicate wishes of Michael Gavin and Eileen Linney to oversee the accounts of Catherine O’Conner.
Damien Hannigan charged an excessive fee of €8,751.45 which is considered to be extremely expensive and an unnecessary expense. Although he was hired to oversee the accounts his fee is in excess of Catherine O’Conner’s fee. John Glynn, Solicitor, Patrick Hogan & Co. did not put the Estate to the additional expense of hiring an additional Accountant so it begs the question why did Robert B. Marren?
15/11/13 Damien Hannigan & Co. Limited, Account of fees due page 107
b) Marren refused to provide the correct invoice for Catherine O’Conner. Her invoice states Total Amount Due €584.25 while Cash Account dated 18th July, 2014 “Fees paid to Catherine O’ Connor €6,857.25.
30/01/14 Invoice of O’Connor & Co., Accountants page 108
18/07/14 Robert Marren & Co., Cash Account page 110
c) We are of the opinion that Marren refuses to provide the correct invoice for Catherine O’Connor because it was she who did the work and Marren’s accountant’s invoice will highlight the work duplication.
9. The Estate was charged €1,230 for Willie Penrose’s opinion but no invoice was provided despite repeated persistent written requests. We were informed that Willie Penrose TD BL has refused to the investigating Garda a statement in relation to this matter.
a) Marren did not seek approval for seeking William Penrose B.L opinion.
18/07/14 Robert Marren & Co., Cash Account page 110
b) Despite numerous written requests No Invoice for William Penrose B.L. or explanation of why his opinion was sought.
***17/10/14 Michael Gavin to Marren page 91
06/02/2015 Gavin & Linney to Tony Henry Tormeys Solicitor page 126 (4)
11/04/2015 Linney to Marren Requesting answers to 5 questions page 129
13/04/2015 Gavin to Marren Requesting answers to 7 questions. page 130
c) A conversation on social media raises suspicions that Willie Penrose was not Paid for his “opinion”.
26/07/2015 Twitter Conversation with “Paul1878” Page 172
10. No Invoice for John Dolan Auctioneer and breakdown of the fee he was paid was provided
a) Marren did not seek approval for John Dolan Auctioneer Ballinasloe Co. Galway.
b) The auctioneer John Dolan did advertise the auction extensively with full and half page ads in newspapers.
c) We would argue that based on the amount of interest and bids made at the auction that these ads served no purpose other than to promote John Dolans Auctioneering service as a whole. A free mention in the local parish newsletter would have sufficed.
11. T & N McLynn Solicitors, Athlone summon (special) Mike Gavin and Eileen Linney to the High Court attempting to sell his home along with the farm and failed after three days squandering estate assets with fees in the High Court.
Bearing in mind that the beneficiaries and their Solicitor T & N McLynn were well aware that Michael Gavin was entitled to live in the home for the rest of his days per his father’s will which they were all furnished with a copy of.
12. T & N McLynn Solicitors prepared and his sister Kathleen O Keefe tricked Michael Gavin into signing their lease agreement on 27th August 2014 without providing Michael Gavin an opportunity to read over same carefully or to consider the matter. Consequently Michael Gavin was forced to get legal advice in order to amend a number of the conditions including his agreement to “having fully restored the lands to grassland by ploughing and reseeding by no later than the 31st of July 2015.”
13. Peter D. Jones State Solicitor THREATEN Elderly Michael Gavin Not to PEACEFUL Protest outside his client Robert Marren Solicitors Office.
01/04/2016 Peter D. Jones State Solicitor to 84 Year Old Michael Gavin Page 181
14. Peter D. Jones State Solicitor has yet to respond to Elderly Michael Gavin’s request for 7 pieces of evidence and answers to 20 questions. If Jones dealt with the content of this letter on behalf of his client Robert Marren instead of clocking up penalty points with driving dangerously there would be no need to waste Tax Payer money on Garda Fraud investigations.
12/04/2016 Michael Gavin to State Solicitor Peter D. Jones Page 183
15. Mr. Robert Marren, Solicitor allowed confusion to arise in relation to the exact disbursement of funds held by him.
16. Grossly delayed, without reasonable explanation, the administration of the estate, the deceased person having died in 2005 some ten years ago.
17. Mr. Robert Marren, Solicitor showed a complete disregard for the interests of the beneficiaries, whom Mr. Marren, Solicitor, knew to be elderly, and by his conduct is depriving two of the beneficiaries, of the enjoyment of their share in the estate.
18. Accounting mistakes and lack of clarity.
19. Mr. Marren Solicitor, showed a complete disregard for Michael Gavin’s instructions known him to be elderly (now 85 years old), and by his conduct has deprived sister Eileen Linney and Michael Gavin the opportunity to have well-founded objections addressed prior to his swift closing.
20. Mr. Marren threatened Elderly Michael Gavin and Eileen Linney that he would distribute the Estate unless they engaged a Solicitor to issue proceedings to prevent him. Although they did attempt same in vain, it now transpires that Solicitors generally do not challenge each other in this manner. We were informed by a Solicitor after the Estate assets were distributed that Solicitors would not challenge Mr. Marren as he was the son in law of a prominent retired Solicitor from Athlone.
21. Folio RN9544F – Michael Gavin’s Deceased Brother Patrick Gavin is still registered as owner. This folio contains the home where Michael Gavin currently lives, the new hayshed, garden and turf shed to the rear. Michael Gavin is concerned because he and the beneficiaries of his late Brothers estate should be registered as shared owners of the folio with a provision for Michael Gavin to live there for the rest of his life. Although the solicitor Rob marren awarded himself handsomely over €40,000 he has not completed his job, and he is depriving Michael Gavin the right to be registered as part owner of his home. This is not right a WILL NOT be tolerated its more Elder Abuse.
22. Folio RN36155F – Robert B Marren is the registered FULL-OWNER. This folio contains the historical “Old House” where Michael Gavin and a number of his siblings were born and reared. According to rob marren solicitor, he has completed administrating the estate, so there is no logical reason why marren should be the registered as full owner of the old house.
I hope the above evidence and enclosed published book Financial Elder Abuse by Michael Gavin will help you understand why we will NEVER, NEVER EVER accept your decision not to prosecute.
Have A Nice Day
Click on Image for PDF or Google Drive Link for evidence
You Tube Video Link
The Law is as Straight as a Door Jamb,It’s those that implements the Law that’s CROOKED
Have a Nice Day