Justice in Ireland - Poor?

Biggins

Charges against footballer Kelly are struck out

SIX charges against former Ireland international soccer player Gary Kelly were struck out yesterday.
A judge at Drogheda District Court was told by the complainants that they did not wish to proceed.
Kelly was one of four men, including Bohemians footballer Killian Brennan, who was prosecuted in relation to an incident at Halpin's Terrace, Drogheda, Co Louth, on the March 28 and 29.
Judge Patrick Clyne called all of the accused and complainants and warned them about wasting time and resources.
He asked them, "Do you know how much police time you all wasted" with "a scrap between six or seven adults?"
He said they had "cost the State a fortune. It is a pain in the neck for this court".
And he added "if you cry wolf again the gardai won't be running out to hold your hand".
Kelly (36) of Braughan, Baltray, Co Louth, had been accused of assaulting three men -- Richard Kinsella, Wayne McGuinness and Peter Monks.
He was also accused of producing a wooden stick in the course of a dispute and entering a house as a trespasser with intent to commit criminal damage.
The sixth charge accused him of damaging a window in a front door.
His brother Jim Kelly (52) of Marian Park, Drogheda, Killian Brennan (26) of Gleann Alainn, Tullyallen, and John Connor (48) of Moneymore, Drogheda, had also been charged.
They were charged with entering the house as a trespasser with intent to commit criminal damage, and were alleged to have produced a wooden stick in the course of a dispute.
Jim Kelly was also alleged to have assaulted a man.
When the case was called yesterday their solicitor told Judge Clyne there "has been a resolution of the matter".
He said that the three complainants were "not anxious" to proceed.
Garda Inspector Brendan Cadden told the judge he wanted to call the alleged injured parties in the case.
Two of the complainants were in court, the judge heard.

Kissed
Judge Clyne said if the parties had "kissed and made up, let's put it to the test".
Richard Kinsella got into the witness box and he agreed with Inspector Cadden that he had made a written complaint to gardai in relation to an incident on March 28, but he now wished "to withdraw the statements".
Asked by the inspector if he was under duress to do this he replied, "No". Wayne McGuinness then got into the witness box and when the inspector asked him if he wished to give evidence he said, "No".
The inspector asked the judge if he would put the case back to be dealt with later in the day.
But Judge Clyne said: "If peace has broken out, let's nurture the peace, don't compound it."
He then struck out all charges. He told the complainants to leave the court first, and then a few minutes later he told the accused they could leave.
No one would comment after the proceedings

If it had of been most of us - we would still be facing breaking and entering charges as well as assault charges!
But this "resolution of the matter" I suspect means money buys you freedom!

http://www.independent.ie/national-news/courts/charges-against-footballer-kelly-are-struck-out-2357047.html

EDIT: Thread title changed slightly as some posters have said rightly, there is worse out there.

FreudianSlippers

Biggins wrote: »

Its a disgrace. If it had of been most of us - we would still be facing breaking and entering charges as well as assault charges!
But this "resolution of the matter" I suspect means money buys you freedom!

http://www.independent.ie/national-news/courts/charges-against-footballer-kelly-are-struck-out-2357047.html

Things like this happen occasionally, but on the whole our justice system is far more fair than other countries (such as the USA).

As far as this case is concerned, it was rightfully struck out. It is very hard, if not impossible for a case to go ahead against someone when the witnesses refuse to testify against the accused. The Garda can only give direct testimony and would need the complainants to give evidence, which they were unwilling to do.

I would like to see fines against them all for wasting the time of AGS and the Courts.

Biggins

I agree its very hard to try a case if the victims are silent (I wonder why!) and withnesses go quiet too - but how in hell did they get away with everything.
Even a charge of "breech of the peace" would have been able to apply!

There should be an investigation to see if pressure was brought to bear upon some of those involved.
Some people think the sun shines out of Kelly's backside - but his actions show his possible true character.

Nodin

Biggins wrote: »

Its a disgrace. If it had of been most of us - we would still be facing breaking and entering charges as well as assault charges!
But this "resolution of the matter" I suspect means money buys you freedom!

http://www.independent.ie/national-news/courts/charges-against-footballer-kelly-are-struck-out-2357047.html

Jumping the gun, in that you're presuming they were paid off. They may well have not been rocksteady charges in the first place.

kfallon

Gary Kelly was just doing what Jack Charlton had taught him to do. He did to Kinsella et al what he did on the football pitch, he "put them under pressure" and they crumbled!!!

Biggins

Nodin wrote: »

Jumping the gun, in that you're presuming they were paid off. They may well have not been rocksteady charges in the first place.

There was enough damage done to the property, with tresspass (besides turning up in mass with sticks!) and original statements to bring a case.
And the Garda in Drogheda wouldn't have done so if there wasn't very strong evidence given whom they were dealing with.

Nodin

Biggins wrote: »

There was enough damage done to the property, with tresspass (besides turning up in mass with sticks!) and original statements to bring a case.
And the Garda in Drogheda wouldn't have done so if there wasn't very strong evidence given whom they were dealing with.

...and there may well have been evidence as to why precisely people were turning up with sticks that the second party didn't want to come into view....

Biggins

Nodin wrote: »

...and there may well have been evidence as to why precisely people were turning up with sticks that the second party didn't want to come into view....

Very true - thats why there should be a further investigation into the whole matter.
(I know there won't for various obvious reasons)
As the saying goes "Something here smells rotten!"

thebigbiffo

at first i was all 'jaysus, another rapist going free'

but then i opened the thread and i was all 'meh'

not something i'll lose a lot of sleep over biggins

Nodin

Biggins wrote: »

Very true - thats why there should be a further investigation into the whole matter.
(I know there won't for various obvious reasons)
As the saying goes "Something here smells rotten!"

Not particularily. Priests dead in bedrooms, people battered to death in front of nightclubs.....those cases smelt rotten. This isn't worth a sniff.

Biggins

thebigbiffo wrote: »

...not something i'll lose a lot of sleep over biggins

Good to hear.

The more I hear of these thugish antics, the more I support an adoption of a "zero tolerance" Garda policy!

Sykk

While it sucks. How is it different in any other country? Money = Everything

FreudianSlippers

Sykk wrote: »

While it sucks. How is it different in any other country? Money = Everything

All you have to do is glance across the pond and look at OJ, Paris Hilton and Linsay Lohan (to name but a fraction).

Oranage2

Judges normally let first time offenders off so there's no real contravarsy here

Biggins

Oranage2 wrote: »

Judges normally let first time offenders off so there's no real controversy here

Not looking to point out any controversy (or make any).
Just that the whole thing just don't sit right with me.
Am I wrong to feel that way? Maybe its my suspicious mind.

Oranage2

Biggins wrote: »

Not looking to point out any controversy (or make any).
Just that the whole thing just don't sit right with me.
Am I wrong to feel that way? Maybe its my suspicious mind.

Well there is something rotten in the state of Denmark about the whole thing, but what we can only speculate.

Maybe Gary paid them off

Maybe Gary is connected to gang organisation that threatened to kill them if they testified

Maybe everyone just relised it was a crazy drunken night and it wasnt worth all the hassle



I've seen people plead guilty and been given the probation act for similar offences.

Biggins

Oranage2 wrote: »

Well there is something rotten in the state of Denmark about the whole thing, but what we can only speculate.

Maybe Gary paid them off
Maybe Gary is connected to gang organisation that threatened to kill them if they testified
Maybe everyone just realised it was a crazy drunken night and it wasn't worth all the hassle

I've seen people plead guilty and been given the probation act for similar offences.

All true

curlzy

I defo think there are way worse injustices going on: father's rights, rapists getting insultingly small sentences, the whole catholic church fiasco, don't think this is bad by comparison.

Biggins

curlzy wrote: »

I defo think there are way worse injustices going on: father's rights, rapists getting insultingly small sentences, the whole catholic church fiasco, don't think this is bad by comparison.

Also true.
Would a zero tolerance policy though, help in these matters?

Procasinator

Only in Kerry would someone "produce a wooden stick" instead of a hurley.

Pete M.

Was Gary at the Bilderburg Conference this year with our AGS, Peter Sutherland and all of the Shell top brass?

That'd explain it.


http://www.prisonplanet.com/bilderberg-2010-final-list-of-participants.html

The legal system, the government etc. is all a joke in very bad taste, getting less funny by the day.

Biggins

Pete M. wrote: »

http://www.prisonplanet.com/bilderberg-2010-final-list-of-participants.html

Thats one hell of a list for a secret meeting. :eek:

My name is URL

Biggins wrote: »

Thats one hell of a list for a secret meeting. :eek:

There was a thread about it here a while back.. you even posted in it!

http://www.boards.ie/vbulletin/showthread.php?t=2055932294

Biggins

My name is URL wrote: »

There was a thread about it here a while back.. you even posted in it!

http://www.boards.ie/vbulletin/showthread.php?t=2055932294

The older one gets, the more you forget!
Didn't see the list there.

I need to up my drugs. :pac:

Dravokivich

Procasinator wrote: »

Only in Kerry would someone "produce a wooden stick" instead of a hurley.

I thought this happened in Louth...

Biggins

Dravokivich wrote: »

I thought this happened in Louth...

Yes, Drogheda.

starbelgrade

Biggins wrote: »

Also true.
Would a zero tolerance policy though, help in these matters?

Probably not. There was great hype in the media when Giuliani brought this policy into effect in New York.

Crime rates did drop, but they also dropped nationally, probably due to improvements in the national economy, which was happening at the same time.

The only thing that zero tolerance achieved, was to create more paperwork for the police, more court cases, more jail sentences & more spending of taxpayers money, with no tangible positive effects.

Procasinator

Dravokivich wrote: »

I thought this happened in Louth...

I'm going now too. Where in the hell did I get Kerry from?!

/facepalm

Biggins

Procasinator wrote: »

I'm going now too. Where in the hell did I get Kerry from?!

/facepalm

LOL no worries.

By the way a definite financial figure is now been stated around Kelly's home town of how much exactly was the "resolution" with the 3 people he and his bothers had a go at.

I guess Kelly didn't want a criminal record. It would have deeply effected his TV3 ans 3E talking on footie games, as well as being then automatically barred form the USA and other countries.
...Plus the town of Drogheda is - or was - thinking of erecting a statue to this stick carrying, home invading questionable character!

Local Newspaper: http://img193.imageshack.us/img193/1684/56712489.jpg

My name is URL

Biggins wrote: »

LOL no worries.

By the way a definite financial figure is now been stated around Kelly's home town of how much exactly was the "resolution" with the 3 people he and his bothers had a go at.

I guess Kelly didn't want a criminal record. It would have deeply effected his TV3 ans 3E talking on footie games, as well as being then automatically barred form the USA and other countries.
...Plus the town of Drogheda is - or was - thinking of erecting a statue to this stick carrying, home invading questionable character!

Local Newspaper: http://img193.imageshack.us/img193/1684/56712489.jpg

Had he any other convictions? Maybe they took into consideration the good work he has done for cancer care in the town? He's not that much of a questionable character in all fairness.. everyone makes stupid mistakes from time to time. He's hardly the biggest scumbag in Drogheda like

Biggins

My name is URL wrote: »

Had he any other convictions? Maybe they took into consideration the good work he has done for cancer care in the town? He's not that much of a questionable character in all fairness.. everyone makes stupid mistakes from time to time. He's hardly the biggest scumbag in Drogheda like

Unfortunately most don't live locally and see the injuries that were on the victims faces.
I've had the pleasure of meeting him a number of times. He is certainly someone I would not around in my company or want to be seen with, especially when the camera and microphones are turned off.

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