Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Summons

  • 21-10-2011 3:14pm
    #1
    Cassie77
    Closed Accounts Posts: 9 ✭


    Hi all. Can anyone advise please. My hubby has be falsely accused of criminal damage. Even though he was on CCTV somewhere else at the time. The gardai went ti the pub and asked the owner if my hubbie was there and he told him was and was on cctv, but the garda never looked at the footage. They have told us that they don't believe the accuser. But seemingly there is still a summons being issued. We are devastated. This was six months ago. And since then the accuser has been tormenting my children telling them my Hubbie is going to jail etc. To date we still have received no summons and was wondering if there is a time limit on them being served. We have heard nothing. Just very worried and hate having this hanging over us.


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Cassie77 wrote: »
    Hi all. Can anyone advise please. My hubby has be falsely accused of criminal damage. Even though he was on CCTV somewhere else at the time. The gardai went ti the pub and asked the owner if my hubbie was there and he told him was and was on cctv, but the garda never looked at the footage. They have told us that they don't believe the accuser. But seemingly there is still a summons being issued. We are devastated. This was six months ago. And since then the accuser has been tormenting my children telling them my Hubbie is going to jail etc. To date we still have received no summons and was wondering if there is a time limit on them being served. We have heard nothing. Just very worried and hate having this hanging over us.

    If the matter is to be heard in the DC then the Garda has six months to request a summons, it can ten be served once it is isssued, which can take some further time, the only limit is the time to request it. If the matter is to be heard on Indictment then no real time limit.

    Has the person who has the CCTV kept a copy of it please tell me you asked him to keep it.

    If you are served with a summons go to a solicitor straight away.

    If this person is as you say tormenting your children make a copmplaint to the Garda under Section 10 non fathal offences against the person Act 1997.

    10.—(1) Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.

    (2) For the purposes of this section a person harasses another where—

    (a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and

    (b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.

    (3) Where a person is guilty of an offence under subsection (1), the court may, in addition to or as an alternative to any other penalty, order that the person shall not, for such period as the court may specify, communicate by any means with the other person or that the person shall not approach within such distance as the court shall specify of the place of residence or employment of the other person.

    (4) A person who fails to comply with the terms of an order under subsection (3) shall be guilty of an offence.

    (5) If on the evidence the court is not satisfied that the person should be convicted of an offence under subsection (1), the court may nevertheless make an order under subsection (3) upon an application to it in that behalf if, having regard to the evidence, the court is satisfied that it is in the interests of justice so to do.

    (6) A person guilty of an offence under this section shall be liable—

    (a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

    (b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.


  • #3
    Cassie77
    Closed Accounts Posts: 9 ✭Cassie77


    ResearchWill wrote: »
    Cassie77 wrote: »
    Hi all. Can anyone advise please. My hubby has be falsely accused of criminal damage. Even though he was on CCTV somewhere else at the time. The gardai went ti the pub and asked the owner if my hubbie was there and he told him was and was on cctv, but the garda never looked at the footage. They have told us that they don't believe the accuser. But seemingly there is still a summons being issued. We are devastated. This was six months ago. And since then the accuser has been tormenting my children telling them my Hubbie is going to jail etc. To date we still have received no summons and was wondering if there is a time limit on them being served. We have heard nothing. Just very worried and hate having this hanging over us.

    If the matter is to be heard in the DC then the Garda has six months to request a summons, it can ten be served once it is isssued, which can take some further time, the only limit is the time to request it. If the matter is to be heard on Indictment then no real time limit.

    Has the person who has the CCTV kept a copy of it please tell me you asked him to keep it.

    If you are served with a summons go to a solicitor straight away.

    If this person is as you say tormenting your children make a copmplaint to the Garda under Section 10 non fathal offences against the person Act 1997.

    10.—(1) Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.

    (2) For the purposes of this section a person harasses another where—

    (a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and

    (b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.

    (3) Where a person is guilty of an offence under subsection (1), the court may, in addition to or as an alternative to any other penalty, order that the person shall not, for such period as the court may specify, communicate by any means with the other person or that the person shall not approach within such distance as the court shall specify of the place of residence or employment of the other person.

    (4) A person who fails to comply with the terms of an order under subsection (3) shall be guilty of an offence.

    (5) If on the evidence the court is not satisfied that the person should be convicted of an offence under subsection (1), the court may nevertheless make an order under subsection (3) upon an application to it in that behalf if, having regard to the evidence, the court is satisfied that it is in the interests of justice so to do.

    (6) A person guilty of an offence under this section shall be liable—

    (a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

    (b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.

    Thant u for replying. Unfortunately as we were under the impression by the local Garda that this was going no where we didn't think we had to. We also have a friend who was with my Hubbie on the nite and he wasn't interviewed either so we honestly don't know what to think or do. Just living in an nightmare at the moment sitting around waiting for something to happen. It's crazy. The same Garda told us that the same accuser deserves a good hiding. Crazy.


Advertisement