sentenced for something i dont know whether i did or not

med1

my story is interesting in that i was brought to the district court a few years ago and had the charges dismissed under the probation of offenders act section1.1 i also revieved a 3 year good behaviour bond.i was told that no conviction is recorded but it was .
in relation to my original court appearence i was never arrested or charged but was brought to court under the assumption that i addmitted the crime.
as i have no memory of the event or even the garda interviews which took place as i have suffered an assault which led me to losing a lot of my memory,i was wondering is there any way of getting a copy of the recording of the interview i did in the garda station as of the 3 statements i made which i have copies of the first 2 are similar but the third is completly different.
i did have a solicitor and a barristor at court but they could do nothing as i had no memory of the event or the statements.
i am just trying to piece my live back together and i want to know the truth about what really happened and why it happened

MagicSean

med1 wrote: »

my story is interesting in that i was brought to the district court a few years ago and had the charges dismissed under the probation of offenders act section1.1 i also revieved a 3 year good behaviour bond.i was told that no conviction is recorded but it was .
in relation to my original court appearence i was never arrested or charged but was brought to court under the assumption that i addmitted the crime.
as i have no memory of the event or even the garda interviews which took place as i have suffered an assault which led me to losing a lot of my memory,i was wondering is there any way of getting a copy of the recording of the interview i did in the garda station as of the 3 statements i made which i have copies of the first 2 are similar but the third is completly different.
i did have a solicitor and a barristor at court but they could do nothing as i had no memory of the event or the statements.
i am just trying to piece my live back together and i want to know the truth about what really happened and why it happened

The only way I know fo for you to get a copy of the tape is for your solicitor to request it in court. As the case is over I don't know if you can still do this though.

med1

k_mac wrote: »

The only way I know fo for you to get a copy of the tape is for your solicitor to request it in court. As the case is over I don't know if you can still do this though.

hi i will look into that
thanks

MagicSean

Although I don't think you'll get much more out of the tape than is on the memorandum of interview.

pirelli

k_mac wrote: »

The only way I know fo for you to get a copy of the tape is for your solicitor to request it in court. As the case is over I don't know if you can still do this though.

Of course there is alot more you can do. You appeal under the criminal procedure act 1993. Any sentence or conviction that upoun newly discovered evidence can be quashed.

If you get these tapes ( what makes you think it was recorded/ ) and there is a discrepency then you have grounds for an appeal and could get this conviction quashed.

Don't be too trusting when it comes to the gardai and courts, there are gardai that are very callous and have no problem doing things in the garda boys way that is might be contrary to natural justice and deviod of any jurisprudence but easily passed off as routine.

MagicSean

pirelli wrote: »

Of course there is alot more you can do. You appeal under the criminal procedure act 1993. Any sentence or conviction that upoun newly discovered evidence can be quashed.

If you get these tapes ( what makes you think it was recorded/ ) and there is a discrepency then you have grounds for an appeal and could get this conviction quashed.

Don't be too trusting when it comes to the gardai and courts, there are gardai that are very callous and have no problem doing things in the garda boys way that is might be contrary to natural justice and deviod of any jurisprudence but easily passed off as routine.

Op isn't looking to appeal though is he. He just wants to view the tapes to refresh his memory.

pirelli

k_mac wrote: »

Op isn't looking to appeal though is he. He just wants to view the tapes to refresh his memory.

He just wants to refresh his memory; does he really!

Quote OP:

i am just trying to piece my live back together and i want to know the truth about what really happened and why it happened

i was told that no conviction is recorded but it was .

I wonder who told him that K_mac...?

Incidently you might be able to get the tapes if you write directly to the Garda HQ. I know from experience that they can be helpful and accommodating even to the point of letting a third party review the tapes at the HQ in a wired room. Also write the station although most likely they won't help, but no harm in trying with a letter to the superintendent.

What you will discover OP is that the prosecution treats you as the accussed and does not afford you any nicities, particuarly behind the scenes and their job is to prosecute you. They are not about jurisprudence or natural justice and that's just the routine.

A butcher likewise has to slaughter the cow so that people can eat their dinner and grow into big strong men.


If you dig a little deeper into this you might just find what your looking for and remember most of what your finding is dressed up for the court so dig under the surface.

MagicSean

pirelli wrote: »

Incidently you might be able to get the tapes if you write directly to the Garda HQ. I know from experience that they can be helpful and accommodating even to the point of letting a third party review the tapes at the HQ in a wired room. Also write the station although most likely they won't help, but no harm in trying with a letter to the superintendent.

What you will discover OP is that the prosecution treats you as the accussed and does not afford you any nicities, particuarly behind the scenes and their job is to prosecute you. They are not about jurisprudence or natural justice and that's just the routine.

A butcher likewise has to slaughter the cow so that people can eat their dinner and grow into big strong men.


If you dig a little deeper into this you might just find what your looking for and remember most of what your finding is dressed up for the court so dig under the surface.

Someone got up on the wrong side of the bed. Don't worry pirelli there's no conspiracy here. The Op said he had no memory of the events so I assumed he was trying to view the tapes to refresh his memory. He never mentioned any appeal. There's no need to loose your head about it.

With the Probation Act no conviction is recorded but the outcome is still recorded on the garda system. You should contact the district court you were in and confirm what outcome they have for the case. This issue has been raised previously by judges.

I don't understand how you were interviewed if you weren't arrested. And if you were brought to court you must have been either charged or summonsed. When did the assault happen that lost you your memory? Was it after the court case or at the time of the incident. Are you saying you had no memory during your interview and court case or you have lost it since? Where you in the district or circuit court?

pirelli wrote: »

I wonder who told him that K_mac...?

Maybe his barrister or solicitor? He said he had both.

pirelli

He just wants to refresh his memory; I was breaking my shiite laughing when you said that K _Mac...and yeah not that its any of your business; i did. I had food poisioning or something from not properly washing hands after handling raw meat. Went downstairs got some rennie and spotted a whiskey bottle. Grabbed that and a glass of water. A few swigs of the whiskey and it was almost an instant cure. Hmm Back on the bottle tonight me thinks.

med1

thanks everybody
to confirm a few things
i am not looking for a retrial or appeal at the moment as i dontknow a reason for one .
i was assaulted about a month before the court case began.
I am missing nearly 3 years of my life and i needto know what went wrong that caused me to have problems with the gardai.
yes i had the summons for court etc but was never arrested according to the garda they contacted me i did the interviews and agreed with them that i was guilty.
I have never been in trouble before then and since then i am now coming to the end of the peace bond and am attending councelling still for the assault.
my case was in the district court and went on for over a year as they snt me to probation officers pyshciatrists etc as i told the judge when asked to plea that i was pleading guilty as instructed by the garda as i couldnt provide ay defence to the allegation as i had no memory of it plus i was terrified while i was in court because to this day the person/persons who attacked me have never been caught or even what happened to me exactly at the assault has never been discovered no cctv

bored and fussy

med1 wrote: »

my story is interesting in that i was brought to the district court a few years ago and had the charges dismissed under the probation of offenders act section1.1 i also revieved a 3 year good behaviour bond.i was told that no conviction is recorded but it was .
in relation to my original court appearence i was never arrested or charged but was brought to court under the assumption that i addmitted the crime.
as i have no memory of the event or even the garda interviews which took place as i have suffered an assault which led me to losing a lot of my memory,i was wondering is there any way of getting a copy of the recording of the interview i did in the garda station as of the 3 statements i made which i have copies of the first 2 are similar but the third is completly different.
i did have a solicitor and a barristor at court but they could do nothing as i had no memory of the event or the statements.
i am just trying to piece my live back together and i want to know the truth about what really happened and why it happened

I think you can get the transcripts of the court case but i think you have to pay but its worth a try

Lu Tze

Unfortunately i can't offer any advice OP, but just randomly clicked into this thread. So i guess this is off topic slightly. Can't imagine what memory loss like that could be like - nobody could.

Best of luck in your pursuit of information on this part of your life.

MagicSean

med1 wrote: »

thanks everybody
to confirm a few things
i am not looking for a retrial or appeal at the moment as i dontknow a reason for one .
i was assaulted about a month before the court case began.
I am missing nearly 3 years of my life and i needto know what went wrong that caused me to have problems with the gardai.
yes i had the summons for court etc but was never arrested according to the garda they contacted me i did the interviews and agreed with them that i was guilty.
I have never been in trouble before then and since then i am now coming to the end of the peace bond and am attending councelling still for the assault.
my case was in the district court and went on for over a year as they snt me to probation officers pyshciatrists etc as i told the judge when asked to plea that i was pleading guilty as instructed by the garda as i couldnt provide ay defence to the allegation as i had no memory of it plus i was terrified while i was in court because to this day the person/persons who attacked me have never been caught or even what happened to me exactly at the assault has never been discovered no cctv

If you weren't arrested you couldn't have been interviewed. It's more likely they took a cautioned statement from you. These are not generally recorded so there may not be a tape.

I don't know what you mean when you say the garda instructed you to plead guilty.

med1

hi on the first day of court my sister brought me .as i did not know the garda we asked for him and when he met us i explained what had happened and asked him for advice as i had no solicitor and was brought up to respect the garda so i taught he would advise me.he told me that yes i had done it and if i pleaded guilty i would properly get a fine and it would be out of the way.so i followed his advice

MagicSean

Ah right I see. Well it seems to have been good advice if you got probation. Probation is recorded on the garda system as a conviction but it is not considered a conviction in the court.