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Garda covering up case, opinions please

  • 26-09-2009 7:49am
    #1
    Registered Users, Registered Users 2 Posts: 4,387 ✭✭✭


    Hello, I'm not looking for legal advice just peoples opinions on this incident

    I'm just wondering what I should do in this circumstance, 3 months ago a storage unit I had was broken into by a group of 7 young lads all under 16, they damaged the door, broke and damaged items in the building and stole items. I've estimated the damage to be approx €3,000.

    I reported the incident straight away to the local Garda, and he saw for him self what was done but was going away for a couple of weeks on holiday, while he was gone I found out exactly who had did the damage and 2 of the young lads approached me, apologised and offered to pay in some form for the damage but also told me everyone else involved.

    Since then all the parents of the kids have blanked me and my family in the street everywhere(because I contacted the Garda before them). A week later I discussed it with the local Garda and he said he would of hoped the parents would of approached me to sort things out and to give it more time which I did. 1 month later all parents still blanking me (They told the kids to deny everything and don't admit to anything, the kids who confessed have been subject to a bit of bullying from the others).

    Eventually the Garda told me that he'd take my statement but if they deny it it will end up in court and I'll have to testify which didn't worry me as I'm of the thought that no one should be able to breaking damage and steal and just be let away without even a warning. So when I went to the garda station and made a full statement of what happened and signed it.

    Then this week, after I had been trying to contact him for days he finally called around to me and the first thing he said was he doesn't want anything to happen to these kids as their good kids and would I sit down and talk to the parents, what I said to him was I would be willing to let everything go if the parents and the kids came to me and made an apology and made a contribution to the loss I had, but don't expect me to start calling to doors of peoples houses accusing their little Johnny of breaking in, My own reasoning is they broke in the damaged and they stole and I shouldn't be the one to go crawling to them so after a long chat he agreed to go back to the parents.

    1 week later no contact from anyone.

    Here are the underlying facts.

    Small rural village everyone knows everyone.
    Garda very pally with 2 of the said parents
    My breakin was never reported and is not in the Garda system (Even though 13 incidents were)
    No record of my signed statement in the Garda system
    Local Garda has admitted that the parents acknowledged that their kids broke into my unit
    (Local talk which people have said to me from the beginning that this Garda will never do anything about this because he friends with X and Y)


    I've been advised to give the Garda 1 week to sort out compensation then to go higher. I don't want this to be just let go and let the kids and parents get away with this scot free so I was going to give the Garda more time and then tell him I was going to make a full statement in another Garda Station and make sure that goes in the system, then write a letter looking for an explanation as to why this incident was never reported, At this stage now I'm so mad at the way its after been treated and I've given the parents every chance to communicate with me but they seem to be so arrogant that nothing is going to happen I'd have no hesitation of going to the Garda Ombudsman

    Thanks for reading, opinions welcome.


Comments

  • Registered Users, Registered Users 2 Posts: 60 ✭✭blackcoat


    that must be a very frustrating situation to be in. especially since you are 100% the victim..

    seems like a typical reaction from the little brats parents. refusing to accept that their perfect children could do no wrong. they definately wont want to see them in trouble with the guards but are completely unwilling to personally compensate you.
    the guard obviously doesn't want to go charging such young children in a small rural area but since the parents aren't even meeting you part of the way you've got no choice.

    i suggest you ring the guard and tell him that since you have had no contact from the parents you have been left with no choice but to continue with your criminal case.
    i wouldn't entertain any more attempts at negotiating with those parents (as they obviously have very little morals) unless you can be sure they are serious.
    if the guard isn't producing satisfactory results and continues his futile effort to reach an altenative conclusion, i suggest you find out who the superintendent in charge of the overall area is and write him a letter. you could explain that you understand the gardais unwillingness to cause unrest in such a small area unless absolutely necessary but that the fact remains that you were the victim of a crime and since the parents refuse to even partially reimburse you and have even began treating you with hostility, you feel that you have been left with no choice. (it makes more sense to contact him first before contactingthe ombudsman as generally the ombudsman would want to see that you at attempted to resolve the issue with someone in authority, other than the guard you have the complaint about).



    unfortunately, given their ages they'd probably get off with a warning but at least they little ******* would get some education as to whats right and wrong, as their parents clearly have no interest in teaching them.

    best of luck.


  • Registered Users, Registered Users 2 Posts: 4,387 ✭✭✭EKRIUQ


    Thanks,

    what you said is pretty much what I've been doing,(There ages are mainly 15, 16 so not so young they didn't know what they were doing) I know nothing will come of this bar maybe a warning and the Garda telling me that I'd have to appear in court was his way of trying to frighten me to drop everything. What annoys me is their is no record the event happening and I'm down €3,000 euro's plus the arrogance of the parents knowing nothing will happen because this Garda is friends with X.


  • Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    Those little toe rags would only be JLO'd and it would never see the inside of a court.


  • Registered Users, Registered Users 2 Posts: 4,387 ✭✭✭EKRIUQ


    Bond-007 wrote: »
    Those little toe rags would only be JLO'd and it would never see the inside of a court.

    I know, so why was the Garda telling me and my wife I'd have to go to court?


  • Closed Accounts Posts: 2 TomOl


    I would do as Blackcoat suggested and contact the guard. If there is no response, give him a definite date to respond, contact the Super for the area and explain your situation. Keep records of everything - texts, emails etc then no-one can suggest you didn't contact them. Good luck


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  • Registered Users, Registered Users 2 Posts: 4,065 ✭✭✭Miaireland


    Firstly congratulations for taking a stand in the matter. I agree totally that these kids should realise that there are consequences when you break the law.

    I would contact your local guard once more and advice him that you want the case to proceed. Tell him that you want the case updated to the national database and ask to be given a case number. Advice him that if this isn't done by the end of the day that you will be contacting his superior.

    Have you got a copy of the statement that you gave?

    Don't be fobbed off about the parents anymore.

    Let us know how you get on.


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


    Yeah - You won't be putting the statement here, thanks last poster. We will allow the law take its course and not compromise any action by naming or copy posting items here.

    Thanks,

    Tom


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


    Yeah - You won't be putting the statement here, thanks last poster. We will allow the law take its course and not compromise any action by naming or copy posting items here.

    Thanks,

    Tom


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,781 Admin ✭✭✭✭✭hullaballoo


    Tom Young wrote: »
    Yeah - You won't be putting the statement here, thanks last poster. We will allow the law take its course and not compromise any action by naming or copy posting items here.

    Thanks,

    Tom
    This is so important, it should be said twice.


  • Registered Users, Registered Users 2 Posts: 4,387 ✭✭✭EKRIUQ


    Thanks for the reply's, pretty much what I though my self, I didn't get a copy of the statement but what I did do was take pictures of all the damage done and write a brief report of what had happened between the incident and the time of the statement which I gave to the guard (I have a copy of this) and it names all the young lads involved and the two who told me everything. And when I made my statement he referenced pictures on my report with the official statement.

    I going to ring again on Monday and give him until the end of the week, as another guard told me the parents aren't going to get any better it's worse their going to get plus a few choice words he thought of the situation.

    I have a record of time and date of every conservation I've had with the local guard over the past 3 months.


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


    Might be also useful to get a solicitor if it stagnates.


  • Closed Accounts Posts: 2,194 ✭✭✭Trojan911


    EKRIUQ wrote: »
    I'm just wondering what I should do in this circumstance, 3 months ago a storage unit I had was broken into by a group of 7 young lads all under 16, they damaged the door, broke and damaged items in the building and stole items. I've estimated the damage to be approx €3,000.

    OP,

    What you are alleging here is a burglary.

    When the officer attended was the point of entry/exit identified and forensically examined by a scenes of crimes officer?

    Were any other areas forensically examined?

    My opinion would be, going by your post, there is something seriously amiss here. Write to the Superintendent explaining your dilemma and request a meeting with him. Register the letter and start a diary of events/actions you have taken and keep copies of all correspondance.

    What you are saying is pretty serious if this is the case. Cosider consulting a solicitor if you hear nothing back from the Super and consider consulting the Garda Ombudsman.


  • Registered Users, Registered Users 2 Posts: 4,387 ✭✭✭EKRIUQ


    Trojan911 wrote: »
    OP,

    What you are alleging here is a burglary.

    When the officer attended was the point of entry/exit identified and forensically examined by a scenes of crimes officer?

    Were any other areas forensically examined?

    Yes to the point of exit and entry, they cut the door so it looked like it was closed but you could of open it by hand so in my opinion they were intent of coming back to steal more
    Trojan911 wrote: »

    My opinion would be, going by your post, there is something seriously amiss here. Write to the Superintendent explaining your dilemma and request a meeting with him. Register the letter and start a diary of events/actions you have taken and keep copies of all correspondance.

    I've kept every part of my correspondence because I had an idea this could could happen, he was all business first time he saw the scene, he was going to get the crime department called out but then since hes being hoping I'd let it go(This is a small village)
    Trojan911 wrote: »
    What you are saying is pretty serious if this is the case. Cosider consulting a solicitor if you hear nothing back from the Super and consider consulting the Garda Ombudsman.

    It took me 3 months to post here, I've considered everything, and in my own mind I've done everything I should of (I don't want to feel the victim here) and as in my statement I have been 100% truthful and the same in my posts here but I'm not afraid to go all the way here. And I'm grateful of any advice people here are giving me.

    The guard seems like a nice enough guy but is being played by small village politics and I've being straight enough with him but at this stage I'm beginning to think he thinks I'm a fool


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


    See, we are borderline legal advice here. I have a certain level of sympathy for you all told. I think you should escalate it, but put the Garda on notice of that, as I mentioned above, consider the solicitor route.

    Village politics is nonsense.


  • Closed Accounts Posts: 2,194 ✭✭✭Trojan911


    Tom Young wrote: »
    I think you should escalate it, but put the Garda on notice of that, as I mentioned above, consider the solicitor route.

    I agree, and bear in mind OP, there is a six month limit for registering a complaint to the Ombudsman, and it appears you are heading into your fourth month here.

    All the best...


  • Registered Users, Registered Users 2 Posts: 4,065 ✭✭✭Miaireland


    Tom Young wrote: »
    Yeah - You won't be putting the statement here, thanks last poster. We will allow the law take its course and not compromise any action by naming or copy posting items here.

    Thanks,

    Tom

    Excuse me Tom but I never suggested that he post the statement here. My logic was if he had a copy of his statement it would have been dated and stamped and if he went to the Garda's superior he would have evidence about the delay/coverup of the matter.


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


    Miaireland wrote: »
    Firstly congratulations for taking a stand in the matter. I agree totally that these kids should realise that there are consequences when you break the law.

    I would contact your local guard once more and advice him that you want the case to proceed. Tell him that you want the case updated to the national database and ask to be given a case number. Advice him that if this isn't done by the end of the day that you will be contacting his superior.

    Have you got a copy of the statement that you gave?

    Don't be fobbed off about the parents anymore.

    Let us know how you get on.

    Yes, people have been know to reply to such questions by linking to or posting statements etc online. You might be slightly clearer with your intention next time.

    Tom


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