Justice not done today in Donegal for Garda McCallion

cheesey1 · 04-02-2011 4:42pm #1

Rob was a friend of mine and greatly missed by all of us. Unfortunately today justice wasn't done for Rob and the jury in his case should be ashamed of themselves. RIP Rob.

muffler · 04-02-2011 4:47pm

What happened?

cosanostra · 04-02-2011 6:54pm

He got found not guilty for manslaughter but will now get sentenced for causing death by dangerous driving

Kristopherus · 04-02-2011 6:55pm

Just mentioned on RTE News. Thats the case where the <snip> drove at 2 Gardai in Donegal in 2009, effectively killling 1 of them. Jury found him not guilty after 2 hrs deliberation. IMHO anyone whoe drives a car diliberatly at another person and kills them should be put away for life. For doing that to a member of the Gardai, he should have been charged with capital murder. If this happened across the border, he'd have got life for just conspiring to do it:mad:

tightropetom · 04-02-2011 7:02pm

What do you have to do in this country to be found guilty? Jeez... The justice system always paints the accused as the victim instead of a perpetrator. Bob's family must be devastated

Hootanany · 04-02-2011 7:07pm

Sorry to hear that should have got life

retalivity · 04-02-2011 7:15pm

3rd'ed.
Sickening he got off

cosanostra · 04-02-2011 7:19pm

Its shocking especially after the story the other day of the young mother in strabane that stole a £10 pair of jeans and got 3mths

Vinegar Hill · 04-02-2011 9:35pm

Shocking, he killed a man. I don't care if he was just trying to get away.

There was a thread on politics.ie it was closed after a few moments.... :mad:

mrmac · 04-02-2011 9:48pm

I just don't understand the verdict.

If this had happened in the US, the car would have been shot to pieces, and the guard promoted!
How do we expect people to put their lives on the line, armed only with a stick!
If the law cannot protect our police service, what message does that send out to the criminals?

bigwormbundoran · 05-02-2011 12:21am

mrmac wrote: »

I just don't understand the verdict.

If this had happened in the US, the car would have been shot to pieces, and the guard promoted!
How do we expect people to put their lives on the line, armed only with a stick!
If the law cannot protect our police service, what message does that send out to the criminals?

Yea cause the US is known as having such a low crime rate to match its ridiculous level of force used. Give the guards guns they inevitably will end up shooting someone innocent at some stage or another, as well as criminals then having the need for bigger better guns themselves, the emotions ran high in this case because it was a young man trying to do his job getting needlessly mowed down in the line of duty.

However the lad was just trying to get away and unfortunately killed him unintentionally and it goes down as death by dangerous driving, which is horrible but baying for the blood of the lad who hit him is not going to bring him back and if he is likely to suffer for a long time with this on his conscience, should he have one.

Despite all the media hysteria this country is still a very safe place to live and incidents such as this are a relative rarity thankfully.

lendmeyourear · 05-02-2011 12:26am

bigwormbundoran wrote: »

Yea cause the US is known as having such a low crime rate to match its ridiculous level of force used. Give the guards guns they inevitably will end up shooting someone innocent at some stage or another, as well as criminals then having the need for bigger better guns themselves, the emotions ran high in this case because it was a young man trying to do his job getting needlessly mowed down in the line of duty.

However the lad was just trying to get away and unfortunately killed him unintentionally and it goes down as death by dangerous driving, which is horrible but baying for the blood of the lad who hit him is not going to bring him back and if he is likely to suffer for a long time with this on his conscience, should he have one.

Despite all the media hysteria this country is still a very safe place to live and incidents such as this are a relative rarity thankfully.

Hardly baying for his blood....justice seen to be done is a basic requirement in any land. I feel his family and the citizens of this country were badly let down today.

bigwormbundoran · 05-02-2011 12:29am

lendmeyourear wrote: »

Hardly baying for his blood....justice seen to be done is a basic requirement in any land. I feel his family and the citizens of this country were badly let down today.

I dont, giving him life in jail just because twas a garda he killed would be far worse in my opinion

Senna · 05-02-2011 1:36am

bigwormbundoran wrote: »

However the lad was just trying to get away and unfortunately killed him unintentionally

The Gaurds have a very different version of the story. He got off because Robert McCallion was not wearing his reflective jacket, it was said weeks ago that he would get off because of this, and hearing the verdict today, i can only assume this small fact meant this piece of dirt will be back terrorising the area in no time.

bigwormbundoran wrote: »

and it goes down as death by dangerous driving, which is horrible but baying for the blood of the lad who hit him is not going to bring him back and if he is likely to suffer for a long time with this on his conscience, should he have one.

<snip>

bigwormbundoran wrote: »

I dont

Honestly, who the hell are you, one of his friends or family?

inode · 05-02-2011 2:23am

I really can't believe this... actually yes I can Ireland's justice system is a joke. If this was America it would be life in prison or if the death penalty was available he would be next in line.

What's the max sentence this <snip> human being can get now?

retalivity · 05-02-2011 2:36am

Senna wrote: »

<snip>

/endthread

mrmac · 05-02-2011 3:37am

bigwormbundoran wrote: »

Yea cause the US is known as having such a low crime rate to match its ridiculous level of force used....

While it can be argued that "accidents can happen", I think you are missing my point. I'm not disagreeing with you, entirely, but need to clarify my opinion.

We have laws in this country; laws which we expect our police service to enforce, fairly and without bias. We are an "anti-gun" nation, and for the most part, that's probably a good thing! However, I have no doubt that the accused drove straight at the guard, trying to escape, true, but still with intention! I am also willing to accept, that there, probably, was no intention to kill the guard, however the guard did die, as a direct result of the accused actions.

We place our faith in a police service, who without hesitation, will respond to help any member of our society. While in the performance of that function, should we not, in return, protect them? Should we not bolster our penal system, heavily biased in the favour of the police service?

We arm our protectors with sticks, and wonder why the system isn't working!
A young man died that night, trying to do his duty; many other guards have died, likewise trying to serve our country, to insure that justice is done.

Who can they rely on? The "Legal System"? "Public Support"?

Where are we, when they need us?

I'm wish I had sufficient answers; answers that would make me feel proud of my country, of our laws - but after that particular verdict, all I have is doubt, and all I feel is shame.

I truly hope this case is discussed in a frank, sincere, and non-political manner. We must accept what has happened, learn from it, and try to address our short-comings - if that means changing the laws, then that is what we must do.

sdanseo · 05-02-2011 3:39am

Jury should be tried for treason, appaling result. Small condeolence <snip> will at least get a stretch for death by dangerous.

homer simpson · 05-02-2011 10:47am

Didn't want to have to do this...

Regardless of what went on you can't throw abuse about like some of the posters here have done. I appreciate that emotions are running high ect but please refrain from abusing people regardless of what they have done. warning / infractions / bans will be given out if needed. You can get you point across without abusing someone

Trish2007 · 05-02-2011 12:15pm

If it was a unanimous verdict then obviously there must be some other information about the case that wasnt openly available in the media. If it was as clear cut as the defendant drove his car at the garda knowing full well that he would hit the garda then he would have been found guilty of manslaughter.
None of us where there at the scene (that I know off) but from my understanding a gardas first responsibility is to ensure their own safety, getting out of a garda car and using yourself as a barricade is not doing that in my opinion

Vinegar Hill · 05-02-2011 2:24pm

His defence was, I was only trying to get away and it worked. I sincerely hope the the next time this happens people would have copped on. :mad:

Durnish · 05-02-2011 2:47pm

I wonder if it is anything to do with the perception abroad that Donegal juries can be soft on car crime?

Wolfe Tone · 05-02-2011 2:51pm

If he didnt mean to kill the cop then it cant be murder, simple as

bigwormbundoran · 05-02-2011 3:27pm

mrmac wrote: »

However, I have no doubt that the accused drove straight at the guard, trying to escape, true, but still with intention! I am also willing to accept, that there, probably, was no intention to kill the guard, however the guard did die, as a direct result of the accused actions.

I view it in basically he same way as this and it is why it is death by dangerous driving as opposed to any manslaughter or murder conviction.

mrmac wrote: »

We have laws in this country; laws which we expect our police service to enforce, fairly and without bias.

I dont agree with any of the above statement in the slightest, in the area where im from (my username could possibly give it away) if you know a guard well enough you can get away with anything bar murder really that includes assault, drink driving etc, playing GAA also helps. So I have virtually no faith whatsoever in the notion which you claim above, though I do understand where you are coming from.

poppers · 05-02-2011 3:29pm

hopefully he'll get the max sentences for these.

http://www.donegaldaily.com/2011/02/05/garda-mccallion-killing-cleared-death-drivers-burglaries-pre-dated-crash/

bigwormbundoran · 05-02-2011 3:32pm

poppers wrote: »

hopefully he'll get the max sentences for these.

http://www.donegaldaily.com/2011/02/05/garda-mccallion-killing-cleared-death-drivers-burglaries-pre-dated-crash/

"THE thug death driver who killed brave Garda Robbie McCallion"

Nice unbiased piece of journalism right there

mrmac · 05-02-2011 5:36pm

Trish2007 wrote: »

... but from my understanding a gardas first responsibility is to ensure their own safety, getting out of a garda car and using yourself as a barricade is not doing that in my opinion

AFAIK - the guards didn't get out of their car, to become a barricade. They felt sure the accused would try to ram the patrol car, and felt safer outside!

Wolfe Tone wrote: »

If he didnt mean to kill the cop then it cant be murder, simple as

I don't remember there being a Murder charge. Again, afaik, it was an Involuntary Manslaughter charge. Big difference.

bigwormbundoran wrote: »

I view it in basically he same way as this and it is why it is death by dangerous driving as opposed to any manslaughter or murder conviction.

There was never a Murder charge associated with this case. I really don't know where that has come from??

The charge was Involuntary Manslaughter:

"Involuntary manslaughter is the unlawful killing of a human being without malice aforethought. It is distinguished from voluntary manslaughter by the absence of intention."
Quoted from Wikipedia.

firemansam4 · 06-02-2011 12:46pm

I am a first time poster on this and felt i had to put on a reply after reading some of the posts on this thread. I have only been living in Donegal 3 years now from moving up from down the country.
Firstly i have to say how bad i think things are up here compared to down the country with regards to the bad driving by boy racers and bad anti social behavior and general criminality that seems to be given a soft touch up here. This case now just shows to me how soft things really are. Weather or not it was a garda killed in this case is besides the point, an innocent human being has lost his live due to the reckless actions of a thug, there should be no excuses for him and he should be locked up for life. I am sickened that certain individuals would try and defend this thug and portray him as some kind of victim. all that i can guess is that there might and i emphasize the word "might", be certain people on this who are friends of his or probably carry on in the same manner as him.
seeing how a girl could get jailed in the north for just shoplifting shows the vast difference in how things are done here and until the system starts getting more tough on these thugs then i cant see things changing up here any time soon.

audidiesel · 06-02-2011 12:57pm

its an absolute joke of the highest order. that verdict is an insult to every guard in the country.

RMDrive · 06-02-2011 2:11pm

A man was judged by a jury of his peers and a verdict was given. That jury was made up of ordinary people of this state - people like us. No one on here has the full facts of the case like they did. So how can anyone criticise ordinary people for doing their duty? Treason? Cop on.

IMO the memory of this young man is ill served by some of the posts on this thread.

NIMAN · 06-02-2011 2:25pm

As someone who lived in NI for 33yrs of my life, it seems to be getting held up as some sort of example of a tough legal system.

<snip>

ciaracawley · 06-02-2011 3:59pm

<snip>

Please read the charter before posting, attack the post not the poster

NIMAN · 06-02-2011 4:08pm

NIMAN wrote: »

As someone who lived in NI for 33yrs of my life, it seems to be getting held up as some sort of example of a tough legal system.

<snip>

but basically there are plenty of people on the streets who should be behind bars.

Don't think all wrong doers are in prison just becase you read 1 story about someone getting time for stealing jeans.

06-02-2011 5:35pm

ciaracawley wrote: »

<snipped>

You weren't at the scene or the courthouse, so you (or I) can't say this for definite.

I'm guessing, whatever went on in court, lead the jury to believe that he didn't just "drive at the garda"

He was trying to get away, spotted a gap to escape, and went for it.

Did he intentionally aim for the garda?
Or was the garda (unfortunately) standing in the wrong place/wrong time?

And remember the Garda wasn't wearing an illuminated jacket.

I hope he is sent away for a long, long time.

But don't tar Donegal people as 'sticking with one of our own.'

lendmeyourear · 06-02-2011 10:12pm

bigwormbundoran wrote: »

I dont, giving him life in jail just because twas a garda he killed would be far worse in my opinion

I did not mention Garda, a severe penalty for killing any person in this manner is required but the fact that it was a Garda there to protect you and me makes it all the more sad.

RebelSoul · 07-02-2011 8:46pm

Wolfe Tone wrote: »

If he didnt mean to kill the cop then it cant be murder, simple as

The charge was for manslaughter not murder.

bigwormbundoran wrote: »

I view it in basically he same way as this and it is why it is death by dangerous driving as opposed to any manslaughter or murder conviction.

The conviction should be for vehicular manslaughter. His actions with his vehicle resulted in the death of a person, weather intent was there or not, that is all the proofs needed for such a conviction.