suppose if this happened

lilwayne

Hi if you were brought to court for 10 seperate yet completely related motor charges for something that occured on the same day,

yet your charges were stuck out because the prosecuting bean garda failed to show up on TWO seperate dates;

will the this be shown up in a garda vetting proceedure.

bearing in mind that the 3 of the 10 charges were dismissed at the second date were the garda DID show up(she failed to show up at the first date - but the biased judge called for a retrial, in reply to my solicitors request that charges be struck out - or an adjournment I don't know the correct description of his precise judgement on that day - under the condition that if they failed to show up again THEN it would be struck out). so that by the time of the third date which was an actual trial date (the day that the garda thankfully failed to show for the second of hers/mine three court dates) there were 7 charges to contest.

would it be shown in a garda vetting proceedure,

thank you.

dazza21ie

lilwayne wrote: »

Hi if you were brought to court for 10 seperate yet completely related motor charges for something that occured on the same day,

yet your charges were stuck out because the prosecuting bean garda failed to show up on TWO seperate dates;

will the this be shown up in a garda vetting proceedure.

bearing in mind that the 3 of the 10 charges were dismissed at the second date were the garda DID show up(she failed to show up at the first date - but the biased judge called for a retrial, in reply to my solicitors request that charges be struck out - or an adjournment I don't know the correct description of his precise judgement on that day - under the condition that if they failed to show up again THEN it would be struck out). so that by the time of the third date which was an actual trial date (the day that the garda thankfully failed to show for the second of hers/mine three court dates) there were 7 charges to contest.

would it be shown in a garda vetting proceedure,

thank you.

If the charges were struck out then no they shouldn't be shown against your records.

And I wouldn't call a judge biased just because he adjourned the case on the first day for non attendance of a Garda. The norm in our district is for Gardai only to be in court if the case is being contested and fixed for hearing.

Dandelion6

I've seen a Garda vetting record that included a struck-out charge from a matter where the Garda failed to appear, so I think you need to be prepared for the possibility that it will show up.

coylemj

dazza21ie wrote: »

And I wouldn't call a judge biased just because he adjourned the case on the first day for non attendance of a Garda. The norm in our district is for Gardai only to be in court if the case is being contested and fixed for hearing.

Motoring summons aren't like assault charges where there's a first appearance when a date is set for the case to be heard. With motoring summons, both parties have several weeks notice of the proceedings and the case should go ahead on the date on the summons unless one side gives the other plenty of notice that owing to sickness, unavailability of witnesses etc. that an adjournment will be sought.

If the Garda doesn't show up and the defendant is represented and there's no good excuse as to why the Garda isn't present and the defendant wasn't told that the case was not going ahead then he/she would have a reasonable expectation that the case be struck out.

lilwayne

okay so what is the point of having a vetting that reveals charges that were struck out, if it still taints you for something that you didn't cause,

Isn't that unfair to leave it hanging there by having it come up in a report?

lilwayne

coylemj wrote: »

Motoring summons aren't like assault charges where there's a first appearance when a date is set for the case to be heard. With motoring summons, both parties have several weeks notice of the proceedings and the case should go ahead on the date on the summons unless one side gives the other plenty of notice that owing to sickness, unavailability of witnesses etc. that an adjournment will be sought.

If the Garda doesn't show up and the defendant is represented and there's no good excuse as to why the Garda isn't present and the defendant wasn't told that the case was not going ahead then he/she would have a reasonable expectation that the case be struck out.

so you would agree that in this particular case - which WAS a motoring summons there was an element of major bias on the judges behalf? isn't he supposed to put emotion to one side and proceed in as an objective manner as possible?

thanks for the comments so far

Marquis de carabas

lilwayne wrote: »

okay so what is the point of having a vetting that reveals charges that were struck out, if it still taints you for something that you didn't cause,

Isn't that unfair to leave it hanging there by having it come up in a report?

A garda vetting will only show your convictions. However what many companies are now doing it appears is having people provide all data collected by gardai . This is information any individual can access under freedom of information act. Unfortunately this will include all incidents you were involved in regardless of if you were charged or not. It strikes me as being unfair and an abuse of the system by employers but I guess if people want a job they can't object.

As for the judge he was lenient not biased. He'd be biased if he let the guard away with it but convicted you had you done the same. More often the not if you missed your court date but had someone such a solicitor or family relative to speak on your behalf you too would have got it put back to another day.

Every judge is different but that doesn't mean what he did was unfair.

Dandelion6

Marquis de carabas wrote: »

A garda vetting will only show your convictions.

As I posted above, this isn't necessarily true.

I agree with the poster above who said it's unfair. In the case I'm familiar with, the person lost out on a job because of it, even though he had never been convicted of anything and may well have been acquitted if the prosecution had gone ahead. But unfortunately there was nothing he could do about it under the law.

MagicSean

Dandelion6 wrote: »

Marquis de carabas wrote: »

A garda vetting will only show your convictions.

As I posted above, this isn't necessarily true.

I agree with the poster above who said it's unfair. In the case I'm familiar with, the person lost out on a job because of it, even though he had never been convicted of anything and may well have been acquitted if the prosecution had gone ahead. But unfortunately there was nothing he could do about it under the law.

Garda vetting will show all prosecutions be they successful or not, even those currently before the courts.

A garda certificate of character deals with only convictions