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witness summons

  • 08-06-2004 2:14pm
    #1
    Banned (with Prison Access) Posts: 13,018 ✭✭✭✭


    Do i have to go to court if i get a summons against me!
    I witnessed an assault and gave a statement but the thing is the crowd that were involved live right behind me and i also know his brother!

    So im entirely pleased to having to watch my back for the next few months before/after this hearing

    Also gave a statement and they assured me that if i was required to go to court that the choice would be entirely up to me bollox to that know i suppose!!(typical gaurds)

    Can i just withdraw the statement or something!?

    If i didnt know the guy then i wouldnt give a **** but they know where i live etc etc


Comments

  • Banned (with Prison Access) Posts: 13,018 ✭✭✭✭jank


    oh and just found out that the summons was printed and signed on the 19th may

    is there a seven day period that the summons has to be issued at or is that only and search warrant ala the Curtin afair!?


  • Closed Accounts Posts: 20,346 ✭✭✭✭KdjaCL


    Summons is different, you gave the statement so follow tru with it.

    1. Scumbags deserve punishment.
    2. They got caught not you so its not like its your fault this happening.


    you can withdraw the statement but thats just being a wuss :D

    kdjac


  • Closed Accounts Posts: 1,048 ✭✭✭Lainey


    Originally posted by KdjaC
    Summons is different, you gave the statement so follow tru with it.

    1. Scumbags deserve punishment.
    2. They got caught not you so its not like its your fault this happening.


    you can withdraw the statement but thats just being a wuss :D

    kdjac

    very easy for you to say.... :rolleyes:


  • Moderators, Computer Games Moderators Posts: 4,569 Mod ✭✭✭✭Ivan


    seriously, kdjac has a point.

    If you dont testify about what happened then he will get away with it scot free.

    Its an assault charge, he'll probably get a slap on the wrist but he might not be in such a hurry to go and do it again.

    FFS, its not a popularity contest, if he's guilty he's guilty.

    If your afraid you might get beaten up because of it, then wouldnt you like a witness to testify on your behalf?

    Its so sickening when people can get away with crap like this because people are too intimidated to testify.


  • Registered Users, Registered Users 2 Posts: 17,092 ✭✭✭✭Tusky


    No he wouldnt be a wuss, I think its unfair to ask him to be asked to go through with it seeing as he lives so close... but they should be punished...its a toughie... Wish scumers had a chip in their brain when they are born . If they egt out of hand the chip could give their brain and electro shock. IM AM TEH LAW


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  • Registered Users, Registered Users 2 Posts: 24,473 ✭✭✭✭Sleepy


    AFAIK you have the right to withdraw your statement but you'll have to live with knowing that the scumbag is walking around free because of your actions. Have a word with the Guard involved in the case if you're worried about your personal safety, I'm sure he can arrange an injuction/restraining order to protect you from harm.


  • Banned (with Prison Access) Posts: 13,018 ✭✭✭✭jank


    Its so sickening when people can get away with crap like this because people are too intimidated to testify.

    :rolleyes: :rolleyes:

    Easy for you to say ivan but you wont be woken up by a brick smashing through your window or your tyres slashed

    There were 2 guys involved one of them lives by me and I used to hang around with his older brother but that is no the guy who im testifying against (must have done a runner or pleaded guilty or something)

    The other guy i dont know so i have no problem with that but my girl friend is in the same position I thought I was in..her first cousin goes and visits this guy in jail :confused: so its fair from an easy choice!

    Its easy to critize from the comfort of your keyboard

    Anyway im going ahead with
    ill even get expenses for it :p

    it its my girl friend whom im concerned for


  • Moderators, Computer Games Moderators Posts: 4,569 Mod ✭✭✭✭Ivan


    Originally posted by jank
    it its my girl friend whom im concerned for

    Sure. You've already demonstrated your "concern for your girlfriend".

    Seriously, without dragging this into a flaming contest, why would you post something like this on Boards. Did you expect people to immediately be able to identify with your situation and tell you that its ok if you "wuss out" and withdraw your statement.

    If it were me in your situation, I'd testify, without doubt. Slashed tyres and broken windows be damned.

    This is all I have to say to this, I'm not replying, dont want to be trolled :dunno:


  • Banned (with Prison Access) Posts: 13,018 ✭✭✭✭jank


    Seriously, without dragging this into a flaming contest, why would you post something like this on Boards. Did you expect people to immediately be able to identify with your situation and tell you that its ok if you "wuss out" and withdraw your statement.

    I posted cause im not too clued up on the law and wanted a bit of "legal" advice i.e.
    what are my options here, didnt really want opinions (including yours) of the situation

    I was told too different things by the gaurds i.e. it would be our decision to go to court not theirs then today i was told I HAD to go, id be arrested otherwise.

    So much for free will

    It was 3 days after the incident that we decided to make a statement, we did it on our own whim, cause we felt it was the right thing to do.


  • Closed Accounts Posts: 20,346 ✭✭✭✭KdjaCL


    Jank been there and done that testified against someone nasty not so long ago ,threatened me too, fook him he deserved it.

    He got caught not you so its his problem not your fault you seen this if says antying to you remind him of that fact. Messy situation but if you dont go to court he gets away with it. Hard to read news about people getting battered when you have some power to stop it in some way.

    kdjac


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  • Registered Users, Registered Users 2 Posts: 3,941 ✭✭✭pclancy


    Originally posted by jank
    I posted cause im not too clued up on the law and wanted a bit of "legal" advice i.e.
    what are my options here, didnt really want opinions (including yours) of the situation

    I was told too different things by the gaurds i.e. it would be our decision to go to court not theirs then today i was told I HAD to go, id be arrested otherwise.

    So much for free will

    It was 3 days after the incident that we decided to make a statement, we did it on our own whim, cause we felt it was the right thing to do.

    If you reckon you're in danger then get some proper legal advice and the cops have a duty to ensure your safety both before and after the trial. Its not easy to take a stand against people who could seriously mess you up but at the end of the day they're the ones who broke the law, not you. I know exactly how you feel about being threatened tho, it aint nice and it sure as hell isnt easy to live beside people who want to threaten and intimidate you. Not nice at all.

    Get some proper advice tho. Boards isnt really the place for serious stuff like this.
    :)


  • Registered Users, Registered Users 2 Posts: 12,811 ✭✭✭✭billy the squid


    If you do get threatened then it is a good idea to let the court know that you have been threatened by associates of the defendant or the defendent him/herself

    After the Liam keane case the guards will not take too kindly to people withdrawing statments


  • Registered Users, Registered Users 2 Posts: 13,272 ✭✭✭✭Paulw


    Originally posted by jank
    Do i have to go to court if i get a summons against me!

    In short ... YES, if you're summonsed, then you must attend court.

    If you do not turn up, the judge can issue a bench warrant against you. Then the Gardai will come around, and bring you to court in person (in cuffs). Or the judge can charge you with being in contempt of court (which could be a fine or a few days in jail).

    Bottom line, you must turn up.


  • Closed Accounts Posts: 72 ✭✭not_sure


    Rat Rat Rat!!!


  • Registered Users, Registered Users 2 Posts: 5,333 ✭✭✭Cake Fiend


    Originally posted by not_sure
    Rat Rat Rat!!!

    I hope you get beaten up with no witnesses willing to testify.


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