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Fawley Court, our LITTLE PIECE OF HEAVEN, our rights of way
2011.03.02 / Mirek Malevski
TAGI: Fawley Court
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Just picture this. You turn up with friends to your home. To your alarm your way is blocked by an unknown nasty alien gate. You manage a perfectly legal way in. You try to go down along the garden path, leading to your beloved riverside country house, of over half a century. Suddenly, your route is barred by ferocious Alsatian dogs. Straining at the leash, these trained creatures are barely restrained by equally rabid security guards. Then, even worse, you find that your very own senior butler, valet and servants, (compatriots if you will), as if triggered by one command, are now hostile, and also shooing you away? Incredible.
This is my home. My sanctuary. What in hell?s name is going on you ask. What is this? Squatters, an occupation, some snooty new owner, bailiffs, some ill-conceived police protection programme, an absentee landlord, or some new unclear ownership?? What in heaven?s name have my butler and valet been up to? Surely they haven’t gone behind my back and sold the place!? Perplexed, surely you demand? There is some proper, authoritative explaining to be done, by someone, somewhere. You want your home, land AND RIGHTS OF WAY BACK!

Sad, vexed, but patient, you turn repeatedly to the authorities. The highest in the land. You write; from Her Majesty The Queen Elizabeth II, to one Prime Minister, (Gordon Brown), to a new, second Prime Minister, (David Cameron) and his Deputy Prime Minister (Nick Clegg), the Cabinet, to all MPs (646 , twice) at the House of Commons, Parliament. The response is mixed but by and large positive. Perhaps it begins to dawn on the authorities whether this Kafkaesque pantomime is really England? But you begin to take heart, the British Law Courts, even the Police Authorities, start to listen, and begin to act?

This wretched scenario has confronted many unsuspecting Anglo-Polonia visitors and worshippers to that unique sanctuary.

Many innocently arrive to see or to pray at Fawley Court’s (mercifully not yet deconsecrated by Peter Doyle, Bishop of Northampton), main-building Chapel, Father Josef Jarzembowski’s grave, St Anne’s Grade II listed Church, with its famous royal Prince Stanislaw Radziwill tomb, the blessed Grotto of our Lady.

Some arrive hoping to view Fawley Court’s six Grade II listed monuments, or simply to enjoy the protected parkland, waterway, riverside walks, or even, however vainly at present, to inspect Father Josef Jarzembowski’s cultural and military Museum painstakingly and uniquely assembled in Britain.

Since 1953, many of these visitors, part of an army of legal historic important donors, (embracing three generations of UK Polish exiles!), contributed and invested heavily in the original purchase and upkeep of Divine Mercy College, Fawley Court. As one Private Eye contributor (readers’ letters), dispossessed youth aptly puts it, we contributed to the purchase of THAT LITTLE PIECE OF HEAVEN?

Today, shamefully, those same three generations of UK Polish exiles!), who made possible the purchase of THAT LITTLE PIECE OF HEAVEN are totally ignored. They have not even had extended to them the basic courtesy by the modern imported Marian trustee-priests, of being properly advised on their rights, or the legally required resolution, (Fawley Court sale mandate), on the curious, un-vetted structure of the Marian trusts, or had lucidly explained to them the current new ownership if such there really is.

A truly dull-headed Charity Commission, outrageously announces that these same, still allegedly non-UK citizens (which in this case, runs counter to the legal requirement to run a Trust/Charity in England and Wales), and Polish-passport-carrying, country-hopping, institution-wrecking Marian Trustee-Priests, are now free to use their ill-gotten gains from England, to promote Catholicism? Worldwide, (including Poland!). And how is the UK based Charity Commission supposed to internationally oversee and check all that? It’s difficult to know who is mocking whom. In any event its bad news for Polonia’s UK registered vulture trusts. The funds, £13m etc should be frozen and put on deposit in the UK.

Confronted in November 2010, by his Ealing parishioners on this scandalous issue, and of Fawley Court’s valuable land, its true worth, its development potential, its true identifiable ownership, and the laughable 13m transaction, with the alleged 9.5m shortfall, one of the five trustee-priests, a red-faced Andrzej Gowkielewicz said enigmatically; To jest wszystko tajemnica, (It is all a secret). Oh no, it’s not! This opaque behaviour is utterly unacceptable. This is not how regulated trustees behave or conduct themselves in today’s open Britain. (Remember both; the Marian’s repeatedly publicly promised ?22.5m for Fawley Court, and the Charity Commission’s own laws, which insist that the highest price/tender must be accepted for a genuinely, independently valued, transparently arms-length disposal of trust property/land asset(s).

And so to Fawley Court, and OUR (public) rights of way. The need for formalised public rights of way through and around Fawley Court, while now a necessity, is a misnomer, an oddity. The existence of St Anne’s Church and burial ground to which all have a right of access in perpetuity, particularly Fawley Court Old Boys together with Catholic (Christian) worshippers , is a huge stumbling block for the Marians.

This right of access to St Anne’s has been in place and practiced for near forty years (!), since the church’s inauguration of 15 August 1971, when together with Fawley Court it was especially hailed and blessed by none other than two exceptional worldwide luminaries; Cardinal Karol Wojtyla (Pope Paul John II), and His Eminence, Cardinal Stefan Wyszynski. The Marians are perfectly well aware of this restrictive covenant (and others), favouring our rights of way, and our right of access, all enshrined in existing tort and land law.

Marriots of Oxford, the original sales agents, appear to try and skirt round this issue (possibly misinformed, no surprise there of course, given the Marians shady property deals), by referring obliquely on access to St Anne in their sales literature of June 2008 by saying; RESTRICTIVE COVENANT; The vendor may (sic) require a restrictive covenant limiting future uses (sic) of St Anne Church.? A lot of lawyers and the Land Registry, have a lot of explaining to do here. (There are also legal issues of easements, wayleaves, profits a prendre, and quasi-easements to consider. But that’s all for another day.

Remember Savills, the highly respectable London Agents, whose client Spink offered 20m for Fawley Court? Both parties were perfectly aware of the restrictive covenant making permanent access to St Anne’s Church binding on any party wanting to buy Fawley Court.

Moreover, both Savills and Spink were also very correct in accepting that any sale involving Fawley Court required the Vatican’s (Pope Benedict XVI’s) permission/blessing. This in itself is impossible, given the prohibitive sanctuary status enjoyed by Fawley Court and St Anne’s; granted/imposed by the Polish Church and Papacy itself! Any sale is precluded by these considerations alone. The Marians know this. They should learn that theology, church matters, and property big business just do not mix. They appear to have been running Fawley Court allegedly with family members as if were their own private fiefdom.

Important consideration should be given to the history of Zielone Swiatki (Whitsun), organized largely by Polonia and many outside helpers since 1953. This festivity was never the exclusive preserve of the Marians. No one needed an invitation to attend. Attended by thousands annually, Zielone Swiatki set the important precedent over half a century, of free, unhindered use of the public routes, and pathways. The many thousands who attended this festivity over the years should write and protest to Helen Beevers at Bucks County Council over their violated rights.

There is a vast difference between cordoning off for reasons of Health & Safety regulations, (licenced) land, for parking fees, festivals, craft or antique fairs, marathons, film locations (Sky), private functions (Ambassador) or weddings, (incidentally has all this surplus income been correctly accounted for?), and the use (our) of public rights of way.

Adjacent to Fawley Court is a nature area of special importance, Temple Island Meadows; an SSSI, (Site of Special Scientific Interest), it covers some fifteen acres and is extremely important for the preservation and observation of wildlife, birds, flowers, hedgerows, reeds and trees. It is a valuable protected area which everyone has a right to walk to. In place for over twenty years it is visited by public walkers who access and exit via Fawley Court. Its preservation and protection is of the utmost importance.

In summary, there is much to fight for in protecting all of the Fawley Court public, and OUR rights of way; six English Heritage designated monuments, SSSI, access to St Anne’s Church with burial ground, and Father Josef’s grave, St. Faustina’s Apostolate chapel (in unfinished flint form), the protected Capability Brown parkland, special protected trees not to be seen anywhere in Britain. All this should be accessed by us and the public by the North and South Lodge gates, by a road via Toad Hall, by two pathways alongside the magical waterway (to the main redbrick Fawley Court building), leading from the already existing and protected Thameside public pathway.

Encouragingly in talks with FCOB Helen Beevers of Bucks Country Council has confirmed that evidence will be collated until the end of March. An independent recommendation either for or against public rights of way through Fawley court will be put to a committee (eight independent local country councillors) in May this year. If the decision is not in our favour the matter can be appealed to the Secretary of State. Here at long last we have an open democratic process. This was denied us by Wycombe District Council in its handling of Fawley Court’s dreaded Auschwitz-Belsen gates.
Remember your actions and words count!

Mirek Malevski
Chairman FCOB

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