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Justice or Injustice, worthy of compensation?

  • 22-05-2010 9:01pm
    #1
    Closed Accounts Posts: 117 ✭✭


    So here is the situation I found myself in earlier this year, and which no doubt has been experienced similarly by many thousands of people in Ireland over the years to different extents.

    To frame the question, let me outline what unfolded in my individual case.

    I was arrested and suspected of carrying out a serious indictable offense earlier in the year, and detained in a Garda station over a period of three days.

    It began when my mothers house was raided (where I did/do not live)- and involved the side gate being smashed down and the romoval of the rear door to enter the home. My mothers house was searched from top to bottom - wardrobes, filing cabinets, attic etc. My mothers "Fundamental Rights" under 40.5 of the Irish Constitution were violated and may aswell have not existed. Neighbours were also reportedly intimidated by gardai aswell.

    Having found that I was not there they travelled to where I was living in my Grandad's house. An 86 year old man. They went to my room and went through my belongings. They took various things - passport, bank documents, my spare car keys, mobile phones etc.

    All highly traumatic, invasive and stressful for my family members. I "handed myself in" later in the day.

    Let me outline the conditions in the Garda station cell. The toilet consisted of a hole in the ground and the bed was made like the cushion material found in a childrens play station, covered in plastic. The blankets supplied were two small brown squares with what looked like semen stains on them. They fall off on the slippery plastic bed surface. There were two settings on the lights - day (white) and night(purple) which were essentially floodlights. There is no clock, and you never know when you are to be called for interrogation. The Gardai changing shifts knock at whatever time they change to tell you who they were.

    Whether these cell conditions are meant to have purposeful effects I dont know, but they prevent sleep, are disorientating and in my view dehumanising.

    Gardai interrogators were abusive and insulting while not being recorded.

    The damaged side gate and rear door have been reported, and my mother is awaiting someone to come out to inspect them four months on.

    I myself am awaiting the DPP to review the so-called evidence against me which amounts to video footage of a person with a hoodie who resembles me somewhat, combined I assume with my political views.



    So my question is for those who are innocent, should they recieve compensation for this sort of experience? (they dont at present unless there is a procedural technicality with the arrest)

    The Gardai were fully entitled by law to put me and my family through this irrespective of my innocence or guilt.

    You hear of people arrested for questioning all the time in the papers and the media. It is almost automatically assumed that these people are 'involved' in the particular crime they were arrested for. I assumed this automatic position myself before being on the other end of it.

    What are your thoughts on the matter.

    Obviously I think it is scandalous that innocent people are put through these experiences and are entitled to nothing in return for the hassle. As if an innocent persons time is worthless and expendable to the state for its ends.


Comments

  • Registered Users, Registered Users 2 Posts: 1,300 ✭✭✭Indubitable


    I don't know but you have my sympathy


  • Moderators, Society & Culture Moderators Posts: 3,933 Mod ✭✭✭✭Turner


    Did you do it??


  • Closed Accounts Posts: 20,739 ✭✭✭✭starbelgrade


    Is your name Michael Fingleton?


  • Closed Accounts Posts: 16,391 ✭✭✭✭mikom


    Knarr wrote: »
    an innocent persons time is worthless and expendable to the state for its ends.

    You're learning Danial san.


  • Closed Accounts Posts: 1,756 ✭✭✭InkSlinger67


    Knarr!


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  • Banned (with Prison Access) Posts: 7,102 ✭✭✭Stinicker


    IBTL


  • Closed Accounts Posts: 117 ✭✭Knarr


    Chief--- wrote: »
    Did you do it??

    No. But id double lock your doors if you to remotely resemble me.


  • Registered Users, Registered Users 2 Posts: 4,879 ✭✭✭Coriolanus


    Yes, I think that compensation should be applied. Yes I think that if someone is found innocent the State should have to refund their legal costs. Yes I think that if someone is falsely convicted there should be a statutory rights to compensation, rather than waiting for the wronged party to have to file a case.

    The legal system in this country is mad. Needs to be torn down and rebuilt from the ground up imo. If there was a political party that had a clear roadway to reform, they'd get tens of thousands of votes I reckon.


  • Moderators, Category Moderators, Music Moderators, Politics Moderators, Society & Culture Moderators Posts: 22,360 CMod ✭✭✭✭Dravokivich


    I think you should be going here...

    http://boards.ie/vbulletin/forumdisplay.php?f=633

    it's the best place for a "more informed" opinion...


  • Registered Users, Registered Users 2 Posts: 3,355 ✭✭✭punchdrunk


    your being very coy about what it's linked to? why were you living in your grandfathers? how did the guards link you to the video footage?

    sorry I'm not trying to be confrontational just trying to understand the bigger picture


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  • Closed Accounts Posts: 20,739 ✭✭✭✭starbelgrade


    What the hell were you arrested for OP?


  • Registered Users, Registered Users 2 Posts: 1,013 ✭✭✭Scarydoll


    That's terrible. Also why where they lookin for you? Just wondering because they wouldn't go to all that trouble for nothing.


  • Moderators, Category Moderators, Music Moderators, Politics Moderators, Society & Culture Moderators Posts: 22,360 CMod ✭✭✭✭Dravokivich


    What the hell were you arrested for OP?

    Judging by the post refering to damage at his mothers... I'm guessing it was to do with that...

    Although it's not really clear...


  • Closed Accounts Posts: 35,514 ✭✭✭✭efb




  • Closed Accounts Posts: 117 ✭✭Knarr


    punchdrunk wrote: »
    your being very coy about what it's linked to?

    I dont think its entirely relevant to the question I asked, but it was a 'tiger kidnapp'.
    why were you living in your grandfathers?

    Im in college full time so I stay there,
    how did the guards link you to the video footage?

    I have attended some peaceful protests and commemorations. The gardai take photo's of people protesting. They must have some type of database for people.


  • Registered Users, Registered Users 2 Posts: 714 ✭✭✭Smyth


    What the hell were you arrested for OP?

    This.

    Also, I was in a cell. Only for four hours after defending myself in a fight, but I know the conditions. ****ing awful.


  • Closed Accounts Posts: 20,739 ✭✭✭✭starbelgrade


    Knarr wrote: »
    I dont think its entirely relevant to the question I asked, but it was a 'tiger kidnapp'.

    Have you been to the zoo recently?


  • Registered Users, Registered Users 2 Posts: 44,079 ✭✭✭✭Micky Dolenz


    Talk to a solicitor, We can't give you legal advise here.


This discussion has been closed.
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