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WHAT SPECIES IS A TRIBUNAL ?

  • 26-03-2011 3:12pm
    #1
    AnnaStezia
    Registered Users, Registered Users 2 Posts: 289 ✭✭


    As Dougal Maguire used to say, "Ted, I'm hugely confused".

    As a non-lawyer, I am hugely confused about tribunals. This is prompted and augmented by the recent discussion over Moriarty.

    Commentators say that the statements given to tribunals or the evidence adduced before them seems incapable of use in any other type of legal forum. Is this so and why ?

    I am wondering if tribunal findings are findings of act. If so, can you repeat a tribunal finding in public without risk of being on the wrong end of an actionable libel ?

    Suppose that the "Outer Space" tribunal makes a finding that Captain Kirk did take illegal payments from little green men in return for illicit favours. Can I repeat that publicly with immunity or a good defence to a libel action ? If so, how can that same fact be incapable of being used in evidence if the facts also form the foundation of a stateable criminal offence ?

    As a public sector tax compliant sap who has paid her pro-rata contribution towards the costs of the exercises I would love it if some of you scholarly lawyers could explain the schizophrenic nature of a tribunal. :)


Comments

  • #2
    paky
    Banned (with Prison Access) Posts: 2,138 ✭✭✭paky


    tribunals are bodies set up to administer justice under article 34.1 of the irish constitution. tribunals use the same methods as the courts but cant impose criminal sentences on people found guilty under misconduct. that is exclusively a matter for the criminal courts.

    so if there was evidence that lowry was involved in corruption, the dpp would have to decide whether the gardai should investigate the matter. but the chances of anything coming from the matter is slim since it was so long ago.


  • #3
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Note that it is mandatory to respond to the tribunal, but not to a court.

    However a tribunal can't punish anyone, but a court can.


  • #4
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Is evidence given to a tribunal given under oath?


  • #5
    paky
    Banned (with Prison Access) Posts: 2,138 ✭✭✭paky


    k_mac wrote: »
    Is evidence given to a tribunal given under oath?

    what difference would it make?


  • #6
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    paky wrote: »
    what difference would it make?

    Well if it's given under oath couldn't it be used in criminal prosecutions?


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  • #7
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    k_mac wrote: »
    Is evidence given to a tribunal given under oath?

    Yes.
    k_mac wrote: »
    Well if it's given under oath couldn't it be used in criminal prosecutions?

    No.

    (not the sort of tribunal we're talking about at least)
    AnnaStezia wrote: »
    As a public sector tax compliant sap who has paid her pro-rata contribution towards the costs of the exercises I would love it if some of you scholarly lawyers could explain the schizophrenic nature of a tribunal. :)

    It's impossible.

    I think the answer might be 42.

    edit : actually you might want to add a few 000's on to that.


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