Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi all! We have been experiencing an issue on site where threads have been missing the latest postings. The platform host Vanilla are working on this issue. A workaround that has been used by some is to navigate back from 1 to 10+ pages to re-sync the thread and this will then show the latest posts. Thanks, Mike.
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

How do you take out a private prosecution?

  • 29-09-2010 11:05pm
    #1
    Finnbar01
    Registered Users Posts: 2,071 ✭✭✭


    After what happened today, can anyone give me advice by PM or otherwise on how to take out a private prosecution against PJ Sheehan?

    It seems the senior gardaí are entralled to politicians.

    Senior Gardaí = politicians.

    Why?


Comments

  • #2
    detective
    Registered Users, Registered Users 2 Posts: 444 ✭✭detective


    PJ Sheehan couldn't even legally be arrested for drink driving as the carpark of dail eireann isn't a public place... it gets even better...

    even if Mr. Sheehan left the dail onto the public road drunk he still couldn't be arrested as Gardai are forbidden from arresting TDs going to or leaving from the dail.


  • #3
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    I don't know if you can take out a private prosecution if you were not a party to the incident.


  • #4
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    seamus wrote: »
    I don't know if you can take out a private prosecution if you were not a party to the incident.

    Anyone can do it, as a common informer, but it would be difficult to persuade a judge to sign the summons without direct evidence. There were only two people present during the incident. P J Sheehan and the Garda. Without her evidence no prosecution could succeed.


  • #5
    McCrack
    Registered Users, Registered Users 2 Posts: 2,982 ✭✭✭McCrack


    detective wrote: »
    PJ Sheehan couldn't even legally be arrested for drink driving as the carpark of dail eireann isn't a public place... it gets even better...

    even if Mr. Sheehan left the dail onto the public road drunk he still couldn't be arrested as Gardai are forbidden from arresting TDs going to or leaving from the dail.

    I've wondered about this before. I know it's contained in the Constitution that Oireachtas members cannot be arrested going and coming from the playground but in reality would this extend to drink driving? I mean the whole purpose is designed to stop any interference with public representitives attending the Dail but...drink driving? I know there was some case in the '80s I think where this became an issue and I think the TD in question was not prosecuted. There might be a supreme court reference, I'm not sure.

    It just seems bizzare in this day and age.


  • #6
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    Constitution says can't be arrested.

    Says nothing about not being prosecuted.

    However, probably not worth her while for the poor garda, because now if she just keeps quiet if FG get into power then she will quietly move up in the ranks.

    Smart move on her part.


  • Advertisement
  • #7
    Amazotheamazing
    Closed Accounts Posts: 8,048 ✭✭✭Amazotheamazing


    johnnyskeleton wrote: »
    Constitution says can't be arrested.

    Says nothing about not being prosecuted.

    However, probably not worth her while for the poor garda, because now if she just keeps quiet if FG get into power then she will quietly move up in the ranks.

    Smart move on her part.

    Are you suggesting that the legal system and police force of Ireland are open to abuse by politicians? Next you'll be claiming the PD's ensured their legacy by promoting many of their members to the bench.

    Outrageous stuff Johnny.


  • #8
    Alpha99
    Registered Users Posts: 27 ✭Alpha99


    A private citizen would lack standing to bring a criminal prosecution on their own initiative. This is in addition to all of the other hurdles presented by this suggestion of bringing proceedings against a TD.


This discussion has been closed.
Advertisement