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Question about charges being dropped

  • 18-02-2010 10:29pm
    #1
    krazyklown
    Registered Users, Registered Users 2 Posts: 258 ✭✭


    Disclaimer:I know no legal advice can be sought or given, i just want to see if somebody can give a balanced opnion.

    Hi Guys,
    Just want to know if anyone can give me a bit of an insight into how a criminal prosecution fails...

    My brother was assaulted inside a niteclub on New Years Eve last year (31/12/08) and suffered extensive injuries (broken cheekbones & jaw). His assailant got away and only through a stroke of good luck was my brother able to find out who he was and identify him for the Gardai (after about six weeks).

    My brother and his two witnesses made statements to the gardai. Yer man didnt deny the assault and actually admitted hitting my brother (although he claimed my brother attacked him). Two of his witnesses also admit yer man hit my brother. Now all the statements have minor differences about the lead up to the assault. For the record the other lad did not suffer any injury.
    The other lad claims my brother racially abused him. So around june my brother received a summons for public disorder.

    The two of them were in the district court the same day last October. The other lad was up for grievious bodily harm. My brothers charge was up first but because it was the lesser of the two charges it got adjourned until after the other guys charge was dealt with. The district court judge refused to take jurisdiction for the assault charge saying 'this is far too serious to be dealt with here' and directs them to take it to the circuit court.

    Anyway three weeks ago my brother's case got called even though yer mans was still not sorted. My brother and his witnesses were all contacted by phone by the Gaurd involved to be at the court. We personally felt that the case was a no hoper because yer mans witnesses had very conflicting versions of what happened and it was all very loose and also the fact that three of them were well underage and drunk at the time. Anyway lo and behold the day before the gaurd rings around and says the charge had been dropped. A glorious waste of everyones time so we thought.

    Now today we find out that yer mans charge has been dropped due to a lack of evidence. The gaurd told my brother the lack of cctv and the conflicting stories. We are in a state of shock, the guy admits hitting my brother, his witnesses say he hit my brother and my borthers witnesses say yer man hit my brother. I find it incredible that someone can basically admit assaulting someone and then not be prosecuted because there is no evidence (apart from two broken cheekbones, jaw and nose).

    My brother is waiting to contact his soliciter hopefully tomorrow, I want to know if this is standard procedure (a case failing between the first court day and before it is actually heard )? I thought the DPP examines the case and decides if there is enough to secure a prosecution and if so then proceed? Who makes this decision?
    I cant understand how the case can get to court and then be dismissed without being heard....
    Its hard to swallow a decision like this.


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