advice please

fionafifi

Hi, a man is very worreid on the folowing situation and im looking for advice.
A guy started a fight after hearing someone in a night club calling offensive names to his female friend. Fight started but no one was badly hurt. Stranger got lip cut. Guy who started fight had an injurged wrist.
Guards were called, each gave their story. Two weeks later guy was called to give a statement. He did and saw video footage of event. He did start the fight ( as in he walked over after hearing slandering and fight begun) and knows he should have ignored it but nothing he can do now. File has been sent to dpp to see if there is a case. What im wondering; do you think the stranger wants to charge the guy? Guards havent told the guy this. Also-The guy might be able to find out the stranger invovled; should he do this and try settle it himself or should he just leave it be? And finally; What will the worst case be if it goes to court? This guy is worried sick; never been in trouble before.
And insight on situation is greatly appreciated.
Thanks

coylemj

fionafifi wrote: »

do you think the stranger wants to charge the guy?

You're asking us to be mind readers, how can anyone answer this question?

fionafifi wrote: »

Also-The guy might be able to find out the stranger invovled; should he do this and try settle it himself or should he just leave it be?

That would not be a good idea, it could be construed by the Gardai as an attempt to interfere with or intimidate a witness, do not go near him if the Gardai are investigating the incident. If he's interested in being paid off he'd probably have made contact by now so don't go near him.

shaunsweb

Hi Fiona, Sounds like you friend was way out of line.

Despite what the victim said or didn't say, you friend went over and assaulted someone in effectively what was an unprovoked attack (ie victim didn't do anything to your friend).

In terms of the fact the victim, verbally abused another (well is that justification for being physically attacked? I don't think so). It sounds like there may have been a degree of intoxication involved (judging by your brief description so maybe the guards will take that into consideration. They have video evidence though and that will be what any judge will see if it goes to court).

If the victim goes to his solicitor and persues a personal injury claim, then that may well be another matter.

Hope it works out ok for all concerned.

fionafifi

coylemj wrote: »

You're asking us to be mind readers, how can anyone answer this question?



That would not be a good idea, it could be construed by the Gardai as an attempt to interfere with or intimidate a witness, do not go near him if the Gardai are investigating the incident. If he's interested in being paid off he'd probably have made contact by now so don't go near him.

Sorry; I didnt mean for anyone to mind read. Is it from someone charging somone that a case is brought to the dpp? If someone didnt want to charge anyone would it not just be left?

Thanks you for other opinion.

fionafifi

shaunsweb wrote: »

Hi Fiona, Sounds like you friend was way out of line.

Despite what the victim said or didn't say, you friend went over and assaulted someone in effectively what was an unprovoked attack (ie victim didn't do anything to your friend).

In terms of the fact the victim, verbally abused another (well is that justification for being physically attacked? I don't think so). It sounds like there may have been a degree of intoxication involved (judging by your brief description so maybe the guards will take that into consideration. They have video evidence though and that will be what any judge will see if it goes to court).

If the victim goes to his solicitor and persues a personal injury claim, then that may well be another matter.

Hope it works out ok for all concerned.

Thanks. Yes friend was out of line. Its what happens next is the question. Does the friend just sit tight and wait to see whats happens? Should they get legal advice now before ddp come back to him? Again- friend knows he was out of line. Never happened before but nothing can be done to change that situation now. Thanks for you opinion.

Pat Mustard

fionafifi wrote: »

Hi, a man is very worreid on the folowing situation and im looking for advice.
A guy started a fight after hearing someone in a night club calling offensive names to his female friend. Fight started but no one was badly hurt. Stranger got lip cut. Guy who started fight had an injurged wrist.
Guards were called, each gave their story. Two weeks later guy was called to give a statement. He did and saw video footage of event. He did start the fight ( as in he walked over after hearing slandering and fight begun) and knows he should have ignored it but nothing he can do now. File has been sent to dpp to see if there is a case. What im wondering; do you think the stranger wants to charge the guy? Guards havent told the guy this. Also-The guy might be able to find out the stranger invovled; should he do this and try settle it himself or should he just leave it be? And finally; What will the worst case be if it goes to court? This guy is worried sick; never been in trouble before.
And insight on situation is greatly appreciated.
Thanks

So he started a fight. The Gardai took his statement and sent a file to the DPP. He wants to know:

1. If he will be charged.
2. If the matter can be settled.

Answers:

1. It is in the hands of the DPP now, so it is out of the hands of the Gardai and the victim of the assault. (The other guy is 'the victim' for the sake of brevity, even though he was the instigator). It is likely that the victim made a full statement about this matter, if the Gardai sent a file to the DPP, so there is a fair chance that he might like to see your friend prosecuted. A decision will eventually be made by the DPP. There isn't any easy way to find out otherwise.

2. Your friend shouldn't risk interfering with a witness, so he should bear that in mind, and take legal advice before going anywhere near the victim. In fact, it would be easier if he just got his solicitor to make an approach to the victim's solicitor, if that is possible.

fionafifi

The Mustard wrote: »

So he started a fight. The Gardai took his statement and sent a file to the DPP. He wants to know:

1. If he will be charged.
2. If the matter can be settled.

Answers:

1. It is in the hands of the DPP now, so it is out of the hands of the Gardai and the victim of the assault. (The other guy is 'the victim' for the sake of brevity, even though he was the instigator). It is likely that the victim made a full statement about this matter, if the Gardai sent a file to the DPP, so there is a fair chance that he might like to see your friend prosecuted. A decision will eventually be made by the DPP. There isn't any easy way to find out otherwise.

2. Your friend shouldn't risk interfering with a witness, so he should bear that in mind, and take legal advice before going anywhere near the victim. In fact, it would be easier if he just got his solicitor to make an approach to the victim's solicitor, if that is possible.

Ok thanks you. Any opinion on what worst case might be for friend is it is brought to court?
If Dpp make a decision that there is a case, does one get a solitior straight away and go from there?
Thanks

shaunsweb

Hi, there is no harm in him getting advice from his solicitor now and talk through the options.

As previous threads state, if it is gone to dpp, it is out of guards/victims hands.

Worse case scenario, is that if convicted, he will have a record for assault which might be problematic when it comes to being security screened for certain jobs. However as I said, he should seek advice now and keep out of trouble for the foreseeable future

Pat Mustard

fionafifi wrote: »

Ok thanks you. Any opinion on what worst case might be for friend is it is brought to court?
If Dpp make a decision that there is a case, does one get a solitior straight away and go from there?
Thanks

Not really allowed to answer that question about the worst case scenario. The mods might get upset. However, take a look at this act: http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0002.html#sec2

When the DPP makes a decision, then the next thing your friend is likely to know is that the Gardai will attempt to serve him. He should go directly to his solicitor, if he has not done so already by that time.

Paulw

Correct me if I'm wrong, but isn't it up to the DPP to decide if charges will be brought or not? So, the person assaulted doesn't make that decision at all, and would only then be called as a witness?

So, the OP's friend going to visit the other guy would not be able to change if charges are brought or not by the DPP, and could be charged with interfering with a witness?

Delancey

Paulw wrote: »

Correct me if I'm wrong, but isn't it up to the DPP to decide if charges will be brought or not? So, the person assaulted doesn't make that decision at all, and would only then be called as a witness?

So, the OP's friend going to visit the other guy would not be able to change if charges are brought or not by the DPP, and could be charged with interfering with a witness?

Yes , but if the injured party withdrew their statement of complaint it is difficult to see how a charge could be sustained ?

Agree with everyone here who advises against approaching the injured party - likely to make things 10 times worse.

Tom Young

Forum Charter. No advice.