Cleared of all charges but......

chem

Hi all.

Was just wondering. If someone is arrested for an arrestable offence, but later cleared of that offence, with no charge. But the media got hold of the story and Ireland been Ireland (AH sure no smoke without fire....gossip)

My point is. Do the Gardai or anyone?? Have any obligation to put things right? Peoples names and lives can be destroyed. Is there a body you can contact to clear your name?

detective

All depends on how the media got hold of the story. If they print incorrect facts then contact www.pressombudsman.ie or your solicitor. If you believe the leak is within the Gardai then that's illegal and it would be www.gardaombudsman.ie. I can see how it would be very difficult for someone.

chem

detective wrote: »

All depends on how the media got hold of the story. If they print incorrect facts then contact www.pressombudsman.ie or your solicitor. If you believe the leak is within the Gardai then that's illegal and it would be www.gardaombudsman.ie. I can see how it would be very difficult for someone.

Difficult but not impossible (Donegal)

detective

chem wrote: »

Difficult but not impossible (Donegal)

I meant difficult emotionally for the person accused in the wrong but I take your point!!

chem

detective wrote: »

I meant difficult emotionally for the person accused in the wrong but I take your point!!

See what you mean. But if your inocent of a crime, but branded for it. It means you have notting to lose. There has to be some kind of resteration for people, even just to restore the feeling in them of justice.

FreudianSlippers

You could contact the media outlet and ask them to print an article of similar weight containing information that the person in question has been cleared of all charges. Following that your best bet would be to contact a solicitor to discuss the case in full and any actions that may arise.

Look up any one of the hundreds of Independent News and Media cases in the past 10 years.

Manic Preacher

Well if you take a fictional example of a student wrongly accusing a teacher of sexual assault, and months later after a whole lot of crap the teacher is fully vindicated and found completely innocent then I'm afraid his career and probably his whole life could be destroyed. Once the name is linked to the charge there's no way you can fully rectify the damage caused.

Pretty terrible but it happens every day all over the world.

FreudianSlippers

Manic Preacher wrote: »

Well if you take a fictional example of a student wrongly accusing a teacher of sexual assault, and months later after a whole lot of crap the teacher is fully vindicated and found completely innocent then I'm afraid his career and probably his whole life could be destroyed. Once the name is linked to the charge there's no way you can fully rectify the damage caused.

Pretty terrible but it happens every day all over the world.

Well sue for defamation... loss of earnings could certainly be considered reasonably foreseeable in the circumstances

Bosco boy

chem wrote: »

Hi all.

Was just wondering. If someone is arrested for an arrestable offence, but later cleared of that offence, with no charge. But the media got hold of the story and Ireland been Ireland (AH sure no smoke without fire....gossip)

My point is. Do the Gardai or anyone?? Have any obligation to put things right? Peoples names and lives can be destroyed. Is there a body you can contact to clear your name?

the court cleared you and that's probally as close as you'll get, if it was a member of the public who made an allegation you that caused you to be arrested then you should pursue them for defamation ( that's provided it was a false allegation as the burden of proof in a civil case is a lot less and it could backfire on you). Your wasting your time with the media they will have little sympathy, it might be blunt but probally best to put it behind you and get on with life!!

Tom Young

Cough: http://www.courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e0052005b/c22afa500baad37a802572a50041bd90?OpenDocument

Case of Francis Shortt v The Commissioner of An Garda Siochana, Ireland and the Attorney General [2007] IESC 9.

“[T]he plaintiff was sacrificed in order to assist the career ambitions of a number of members of the Garda Síochána.”

4,623,871 million reasons to pursue this.

What I think is noteworthy in this case is the rehearsal of Rookes v Barnard; McIntyre v Lewis; Conway v INTO; and Reddy v Bates and indeed the concept of exemplary damages, which frankly was skirted (sic) in this jurisdiction for long enough.

Tom

Bosco boy

Thankfully such cases are very rare