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Cllr fined for throwing paint at Mary Harney

  • 25-02-2011 8:44pm
    #1
    Citygirl1
    Registered Users, Registered Users 2 Posts: 301 ✭✭


    http://www.rte.ie/news/2011/0225/harneym.html

    "A Dublin City councillor has received a two-month suspended sentence and been fined €1500 for criminal damage and assaulting former Minister for Health Mary Harney."

    "Ms Minihan refused to make a payment to a charity nominated by Ms Harney and said she would only make a contribution to Cherry Orchard Hospital.
    The judge said it was not for her to choose the charity and instead imposed a two-month suspended sentence. Ms Minihan also refused to do community service, so Judge Watkin imposed a fine on the assault charge."

    "Mr Conway told the court she did not want to do community service as it would be an admission that she did something wrong."


    I've copied in below some quotes from the rte article on this case.

    It seems in this instance that the accused has been allowed to "pick and choose" her punishment. I've never seen such a report before, and it would seem to me to be very odd.

    Surely, the nature of a punishment is that it is imposed on the convicted person, and may be something they find distasteful. Can the person really just inform the judge that they will not, for example, do community service? (or, will not go to prison!)

    I saw this is being discussed in After Hours already, but would be very interested to see the perspectives of some more legally minded individuals.


Comments

  • #2
    Mr Jinx
    Registered Users, Registered Users 2 Posts: 434 ✭✭Mr Jinx


    Citygirl1 wrote: »
    http://www.rte.ie/news/2011/0225/harneym.html

    "A Dublin City councillor has received a two-month suspended sentence and been fined €1500 for criminal damage and assaulting former Minister for Health Mary Harney."

    "Ms Minihan refused to make a payment to a charity nominated by Ms Harney and said she would only make a contribution to Cherry Orchard Hospital.
    The judge said it was not for her to choose the charity and instead imposed a two-month suspended sentence. Ms Minihan also refused to do community service, so Judge Watkin imposed a fine on the assault charge."

    "Mr Conway told the court she did not want to do community service as it would be an admission that she did something wrong."


    I've copied in below some quotes from the rte article on this case.

    It seems in this instance that the accused has been allowed to "pick and choose" her punishment. I've never seen such a report before, and it would seem to me to be very odd.

    Surely, the nature of a punishment is that it is imposed on the convicted person, and may be something they find distasteful. Can the person really just inform the judge that they will not, for example, do community service? (or, will not go to prison!)

    I saw this is being discussed in After Hours already, but would be very interested to see the perspectives of some more legally minded individuals.

    It appears she was offered the oppurtunity to make a charity contrubution to avoid a criminal conviction, but would not pay into the charity nominated by mary harney, so was given a suspended sentence. She was then offered the oppurtunity to do community service as punishment for criminal damage but refused.
    Offering a charity contribution or community service would be normal for a first offence or minor offence. Its not offering the defendant to pick or choose their punishment.


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,705 ✭✭✭✭coylemj


    She wanted to be fined which is what happened, she will now refuse to pay the fine so she'll get even more publicity going to jail as a martyr for free speech (or whatever she chooses to call throwing paint at someone) and she'll then get more publicity with a big mob to welcome her when she gets out of jail, mission accomplished.

    There aren't really any legal issues here, the action of throwing paint at the minister and the way she manipulated the court hearing (into giving her a fine) is all part of the plan.

    What I found particularly objectionable about her behaviour is that she was part of the group of community leaders who met and greeted (i.e. shook hands with) Mary Harney when she arrived at the event so she shook hands with the minister while in her bag or pocket she was concealing a pot of paint which she intended to chuck at her.


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