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Assault captured on video

2

Comments

  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    There didn't seem to be intent in the old lad to assault Feighan but there was definitely intent in Feighan to assault him. You can clearly see that in the video. The old lad wasn't looking at Feighan at all until he was assaulted.

    Both lads are jostling to get at the car and Feighan comes out on top. You can't start something and then complain when you lose.


  • Registered Users Posts: 394 ✭✭unichall


    A Common Law - an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.

    If you do 51kph in a 50kph zone by the letter of the law you are speeding but you're not really and won't ever be prosecuted for it, same here.


  • Registered Users Posts: 51,118 ✭✭✭✭tayto lover


    Both lads are jostling to get at the car and Feighan comes out on top. You can't start something and then complain when you lose.

    Using your elbow on someone is not jostling, it's assault.
    The older lad approached the car to ask Enda a question and was assaulted by Feighan. He didn't fight back at all and seemed shocked by the treatment he received. Only one person did the assaulting.


  • Registered Users Posts: 51,118 ✭✭✭✭tayto lover


    unichall wrote: »
    If you do 51kph in a 50kph zone by the letter of the law you are speeding but you're not really and won't ever be prosecuted for it, same here.

    Poor analogy.


  • Registered Users Posts: 4,037 ✭✭✭afatbollix


    The lad pushed back was also a TD.


    They are both running in the local by election. Its just gone back to school politics. One side is using the senior football captain to show off to the people and the other side was trying to ridicule him.

    The story here should be how someone got so close to the leader of the state! That lad could of been some nutter looking to get revenge over something silly.

    Last I checked knifes are not licenced here and can do just as much damage as a gun.


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  • afatbollix wrote: »

    The story here should be how someone got so close to the leader of the state! That lad could of been some nutter looking to get revenge over something silly.

    Last I checked knifes are not licenced here and can do just as much damage as a gun.

    That's why he has a Garda Escort. If there is a hint that there might be a troublesome crowd then extra resources are deployed.

    And isn't it a great country that people can approach the leader of the country and share their issues with him? Even if he doesn't do anything about it.


  • Registered Users Posts: 394 ✭✭unichall


    Poor analogy.

    Not really, I was alluding to it not really being an assault and more of an argy bargy and I was quoted the letter of the law by which yes it would be assault but, you would never get an assault charge out of it like my anology above, technically yes but in reality no


  • Registered Users Posts: 51,118 ✭✭✭✭tayto lover


    unichall wrote: »
    Not really, I was alluding to it not really being an assault and more of an argy bargy and I was quoted the letter of the law by which yes it would be assault but, you would never get an assault charge out of it like my anology above, technically yes but in reality no

    You should check your local court cases in the newspapers.
    Cases like that every week.

    Have another look at it and see who was the aggressor.

    http://www.thejournal.ie/frank-feighan-garda-complaint-1694986-Sep2014/


  • Registered Users Posts: 394 ✭✭unichall


    You should check your local court cases in the newspapers.
    Cases like that every week.

    Have another look at it and see who was the aggressor.

    http://www.thejournal.ie/frank-feighan-garda-complaint-1694986-Sep2014/

    I guess only time will tell but I can tell you an assault that minor if it had to be dealt with would be done via the adult caution system so I can't see how stuff like this ends up in the district court every week. I've certainly never seen a case this minor in court and god knows I spend enough time there


  • Registered Users Posts: 51,118 ✭✭✭✭tayto lover


    unichall wrote: »
    I guess only time will tell but I can tell you an assault that minor if it had to be dealt with would be done via the adult caution system so I can't see how stuff like this ends up in the district court every week. I've certainly never seen a case this minor in court and god knows I spend enough time there

    Maybe BUT only one of them would get the adult caution in this case and you know which one.


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  • Registered Users Posts: 5,818 ✭✭✭donvito99


    unichall wrote: »
    If you do 51kph in a 50kph zone by the letter of the law you are speeding but you're not really and won't ever be prosecuted for it, same here.
    Poor analogy.
    unichall wrote: »
    Not really, I was alluding to it not really being an assault and more of an argy bargy and I was quoted the letter of the law by which yes it would be assault but, you would never get an assault charge out of it like my anology above, technically yes but in reality no

    It's a poor analogy because there need not be intent to commit an offence such as speeding. It's a strict liability offence.

    Think about it. If a Garda needed to prove there was intent to speed, nobody would be convicted.


  • Registered Users Posts: 3,646 ✭✭✭washman3


    The swaggering arrogance that is the trademark of the blueshirts is incredible.
    Just imagine their reaction if a Sinn Fein election candidate had behaved as the 'brave' Frank did yesterday.
    Just hope the people see him for what he is come election time.!!


  • Moderators, Science, Health & Environment Moderators Posts: 18,123 Mod ✭✭✭✭CatFromHue


    Stupid, absolutely stupid.


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    washman3 wrote: »
    The swaggering arrogance that is the trademark of the blueshirts is incredible.

    Are you referring to Gardaí or some other group?


  • Registered Users Posts: 3,646 ✭✭✭washman3


    Are you referring to Gardaí or some other group?

    Ask your dad...;)


  • Registered Users Posts: 5,472 ✭✭✭brooke 2


    CatFromHue wrote: »
    Stupid, absolutely stupid.

    +1000!!! :(:(


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    washman3 wrote: »
    Ask your dad...;)

    How would he know what's going on in your head?


  • Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    You have the right to defend yourself.

    That right applies similarly to the defence of others including even those who are strangers to you.

    You are entitled to use reasonable force in effecting that defence. You cannot quantify reasonable force precisely. If it was reasonable and proportionate in all of the circumstances the "defender" is unlikely to face prosecution even if he went a shade too far.

    Reasonable fear or apprehension of imminent attack on you or someone else is a fair reason to start defending yourself. You don't have to wait to be punched if you have proper belief that force or violence is about to be offered and delivered to you.

    BTW I am offering no view of the merits of anyone's alleged conduct in this particular instance. I am just making an objective observation of principle.


  • Registered Users Posts: 3,646 ✭✭✭washman3


    How would he know what's going on in your head?

    He might know what's going on in hardman Frank's head...;)


  • Registered Users Posts: 51,118 ✭✭✭✭tayto lover


    I don't think we should involve politics in this at all.

    If the same happened in a chipper, like if there was a queue and someone shouted and order across the man in front's head. If the man turned around and elbowed him because of that then he's committing an assault. Clearly.


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  • Registered Users Posts: 4,734 ✭✭✭skimpydoo


    How would he know what's going on in your head?
    Silly answer


  • Registered Users Posts: 4,734 ✭✭✭skimpydoo


    Are you referring to Gardaí or some other group?
    Blueshirts aka Fianna Gael, go back and read your Irish History.


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    skimpydoo wrote: »
    Blueshirts aka Fianna Gael, go back and read your Irish History.

    I'd be surprised if you could find a FG supporter in the emergency services forum.


  • Registered Users Posts: 4,734 ✭✭✭skimpydoo


    I'd be surprised if you could find a FG supporter in the emergency services forum.
    I thought you were by your replies.


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    skimpydoo wrote: »
    I thought you were by your replies.

    I realise it's unpopular to not hate on FG and FF at every opportunity so forgive me for adopting a less biased approach based on experience in criminal law.


  • Registered Users Posts: 12,128 ✭✭✭✭MadYaker


    Anyone got a link to the video?


  • Closed Accounts Posts: 320 ✭✭lighterman


    MadYaker wrote: »
    Anyone got a link to the video?

    Im sure if you search youtube you'd get it


  • Registered Users Posts: 12,128 ✭✭✭✭MadYaker


    Found it on the RTE website. It's hardly assault now is it. I've done the same and had the same done to me at many gigs and in nightclubs etc. To call it assault is laughable to be honest. If that qualifies as assault then the next time Metallica play a gig in Dublin the Gardai should be waiting outside to arrest everyone that comes out after because they'll all be guilty of assault. The TD was a bit heavy handed alright and he probably should have been a bit less aggressive, but the guy was getting too close. Nobody should be able to approach the door of the taioseach's car like that before he's even gotten out

    It's worth considering that you wouldn't see anyone getting that close to any other head of state when they are getting out of their car. If that guy had tried the same in the US or France or the UK he would have been tackled by security fairly quickly and then arrested regardless of what his intentions were. Security should have been there waiting for Kenny to arrive to prevent this sort of situation from arising.


  • Registered Users Posts: 1,124 ✭✭✭joe swanson


    Mountains and molehills come to mind


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  • Banned (with Prison Access) Posts: 7,466 ✭✭✭blinding


    I don't like Enda Kenny or Fine Gael but there was fook all in it .


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