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slander & perjury & misrepresentation

  • 14-07-2009 1:00am
    #1
    samslade
    Closed Accounts Posts: 28 ✭


    If someone was to falsely accuse someone of something serious enough to put them at risk of imprisonment, is that a straightforward case of slander with malice, as well as perjury? If the person was quoted in newspapers would that effect the legal position?

    Is it normal to charge people with perjury in this country if there is a strong case to suggest it, or is it usually let pass? Who would instigate a case for perjury? - The judge involved, the guards, the wrongly accused, the DPP..?

    What is the position regarding a newspaper misrepresenting facts. For example: Publishing a quote of someone making a claim that was demonstrated to be plainly untrue, without publishing the refutation?


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Are you looking for legal advice? If so, head off to the charter as it's not available here.

    The three issues in the subject bar of the mail are separate and have ingredients related to each which again are separate.


  • #3
    samslade
    Closed Accounts Posts: 28 ✭samslade


    Not looking for legal advice, just discussing these issues


  • #4
    McCrack
    Registered Users, Registered Users 2 Posts: 2,992 ✭✭✭McCrack


    A lot of issues here, civil and criminal sanctions would/could be available to the effected person.

    For perjury to be committed the assertions must be given under oath (in a court) so making false allegations to the Garda will not suffice but there are civil and criminal sanctions for making such false reports.


  • #5
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Perjury prosecutions are rare since the perjury act requires mandatory corroboration, you need two or more witnesses to assert and prove that the statement made by the defendant was false. You also need to prove the defendant knew or was reckless as to whether it was false beyond a reasonable doubt.

    Slander, and therefore criminal slander does not exist anymore as of last week with the new act. I'm curious of a case in which perjury or criminal slander could both be brought since normally situations where someone is under oath (e.g. court proceedings) absolute privilege applies to statements made during the proceedings and accurate reports of the proceedings.


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