Wrongfully accused by the gardai.

TimeToShine

Hello all,

I'm asking this on behalf of someone. Recently he got a summons for three separate incidents sent to his home in the west from a Garda station in Dublin. It was along the lines of assaulting the general public and one or two other things. Nothing to be scoffed at anyway. The thing is, he wasn't even in Dublin at the time. He was at home working and he has a boss willing to testify to this. There's physical evidence in the form of a timesheet as well. The "incident" occurred in late December after our exams were finished so we had no reason to be in Dublin at all.

We're all in final year now with a thesis due and deadlines to meet and as you may have guessed this is causing him a lot of stress. His parents want him to go in to the garda station with a solicitor which would be very expensive and time consuming especially considering there's exams coming up. The biggest issue is we have no idea how his details were given to the gardai whatsoever. I'm not sure what to make of this TBH nor is he but we've decided the main priority is getting this taken care of before we worry about that.

So what exactly can he do? Does he go in and try to explain himself or should a lawyer definitely be present? Can he expect any compensation for the additional stress they've heaped on him? I'm no expert but this sounds a lot like defamation of character but i'm open to correction. They're basically assuming he is a criminal with no evidence that he was there. Are the gardai obliged to take a physical description of whoever gave them his details so we can find out who did it?

Any advice is appreciated.

Boldberry

Do as his parents say and go to the police station with a solicitor. If he can bring the physical evidence to say he wasn't even in Dublin then maybe it will be dropped. I don't see what else you could do.

TimeToShine

Boldberry wrote: »

Do as his parents say and go to the police station with a solicitor. If he can bring the physical evidence to say he wasn't even in Dublin then maybe it will be dropped. I don't see what else you could do.

Are you saying that the best case scenario is that the charges "might" be dropped even if he provides a solid alias? So what rammifications are there for the gardai just pinning stuff on whoever they think is most likely if their only punishment is a practically non-existent slap on the wrist for being wrong? Solicitors aren't cheap and he could bring the evidence in himself if that's all it takes.

username123

Why doesnt he just contact the Guard on the summons and talk to him about it before paying a solicitor?

TimeToShine

His parents are fairly adamant that he go in with a solicitor so unless someone here is quite sure that an alternative option would be better he kind of has to. I told him to wait and see what the opinions are here first.

cnoc

username123 wrote: »

Why doesnt he just contact the Guard on the summons and talk to him about it before paying a solicitor?

+1

dilallio

He should engage the services of a solicitor.
Presumably, fingerprints were taken by the Gardai at the time which will not match your friend's prints.

Your friend should have this looked at asap - if another party was arrested, and gave your friend's details instead of their own, then they could be out there committing other offences which may be attributed to your friend.

AnonoBoy

TimeToShine wrote: »

Are you saying that the best case scenario is that the charges "might" be dropped even if he provides a solid alias? So what rammifications are there for the gardai just pinning stuff on whoever they think is most likely if their only punishment is a practically non-existent slap on the wrist for being wrong? Solicitors aren't cheap and he could bring the evidence in himself if that's all it takes.

I doubt the Gardai are 'pinning' stuff on him if he's an unknown entity to them.

Most likely somebody else committed the offence and then when arrested gave your friend's details.

He should go to the Garda station, explain that he wasn't in the county at the time and provide evidence.

I'm sure it's not the first time the cops have seen someone try to do this.

chops018

TimeToShine wrote: »

Are you saying that the best case scenario is that the charges "might" be dropped even if he provides a solid alias? So what rammifications are there for the gardai just pinning stuff on whoever they think is most likely if their only punishment is a practically non-existent slap on the wrist for being wrong?Solicitors aren't cheap and he could bring the evidence in himself if that's all it takes.

They haven't "pinned" anything on anyone, your "friend" is accused of a crime, he has not been convicted, and it will be up to the state to prosecute and prove beyond a reasonable doubt that he is guilty.

If your "friend" is not guilty, and he has the evidence to back this up then he should be fine.

I would suggest contacting a Solicitor and not to be relying on legal advice from people on the internet.

The Solicitor should handle almost everything and so take away from the stress your "friend" is having. Your "friend" may also qualify for legal aid.

Bulmers Original

the Gardaí are shams, they enforce the law but don't obey the law...

TimeToShine

chops018 wrote: »

They haven't "pinned" anything on anyone, your "friend" is accused of a crime, he has not been convicted, and it will be up to the state to prosecute and prove beyond a reasonable doubt that he is guilty.

If your "friend" is not guilty, and he has the evidence to back this up then he should be fine.

I would suggest contacting a Solicitor and not to be relying on legal advice from people on the internet.

The Solicitor should handle almost everything and so take away from the stress your "friend" is having. Your "friend" may also qualify for legal aid.

I see what you are implying and I find it oddly amusing. Thank you for your advice anyway.

username123

TimeToShine wrote: »

His parents are fairly adamant that he go in with a solicitor so unless someone here is quite sure that an alternative option would be better he kind of has to. I told him to wait and see what the opinions are here first.

What have his parents got to do with it? If he has been summonsed as an adult let him deal with it as an adult and not just do what his mammy tells him. Unless they are paying the solicitor!

JillyQ

TimeToShine wrote: »

His parents are fairly adamant that he go in with a solicitor so unless someone here is quite sure that an alternative option would be better he kind of has to. I told him to wait and see what the opinions are here first.

His parents are dead right. This is not something to be messed with. He needs a solicitor with him when he talks to the Gardai.

Lmklad

I've never heard of "assaulting the general public"

First are you sure the summonses are real? Post the actual wording of the summons. It should be at the very top of the summons sheet. It's rare that summonses are posted, they are usually hand delivered. Also it is very unusual to be summonsed for assault without first being interviewed. All seems very suspect to me. As another person said it could be someone using your friends details. Go to the station, by all means bring a solicitor although it's doubtful he would need one.

Gremlinertia

It doesn't sound right at all. For assault they post a summons? This letter didn't happen to arrive last Tuesday did it??

paulpd

Happened me in 2000. Got a summons in the post to appear in court in Drogheda or Dundalk on a charge of possessing 80 ecstasy tablets at a festival. I wasn't even there. Had several alibil's too. Anyway, phoned a sergeant we knew elsewhere and he phoned the guard on the summons. Apparently the guy caught gave my name, address, but the clampit gave his own DOB which I recognised straightaway as an old school friend. Guards confronted him at work and he shat himself and admitted it all. No idea what happened after that but I never had to go near a Garda station or court.

Wheelnut

TimeToShine wrote: »

... His parents want him to go in to the garda station with a solicitor which would be very expensive ...

TimeToShine wrote: »

His parents are fairly adamant that he go in with a solicitor...

The first post seems to plead poverty but the second seems to say the parents will pay, so what's the problem? I'm wondering are you the guy who gave your friends particulars to the Gardai.

Bulmers Original wrote: »

the Gardaí are shams, they enforce the law but don't obey the law...

That was very helpful, thank you.

Santa Cruz

I would suggest that the best approach would be to write a letter to the Superintendent in charge of whatever station is involved and ask that the matter be investigated. Give your reasons why you believe that the wrong person is named on the summons. Originally summonses had to be served either on the person or someone in his household or alternatively by registered post. Now the courts allow service by ordinary post( this can be challenged).
It is likely that a false name and address was given by someone who knows you. If the Garda checked with your local Garda station the name and address would tally with the voters register and the Garda might accept this especially if it wasn't too serious an offence.
In any case do not let the matter drift because the courts will proceed with the case under your name otherwise

Graces7

Santa Cruz wrote: »

I would suggest that the best approach would be to write a letter to the Superintendent in charge of whatever station is involved and ask that the matter be investigated. Give your reasons why you believe that the wrong person is named on the summons. Originally summonses had to be served either on the person or someone in his household or alternatively by registered post. Now the courts allow service by ordinary post( this can be challenged).
It is likely that a false name and address was given by someone who knows you. If the Garda checked with your local Garda station the name and address would tally with the voters register and the Garda might accept this especially if it wasn't too serious an offence.
In any case do not let the matter drift because the courts will proceed with the case under your name otherwise

perfect advice. best way forward.

TimeToShine

He went in yesterday and spoke to the gard in question and it turns out someone else found a license he lost years ago and handed it when he got detained. Apparently the second the gard saw him he went "Oh you're not the guy I arrested" and was pretty sound about it.

Thanks for all your advice everyone.

Maphisto

TimeToShine wrote: »

He went in yesterday and spoke to the gard in question and it turns out someone else found a license he lost years ago and handed it when he got detained. Apparently the second the gard saw him he went "Oh you're not the guy I arrested" and was pretty sound about it.

Thanks for all your advice everyone.

Just got to the end of this thread and glad it worked out OK in the end.

It did surprise me to begin with that AGS were proceeding by summons rather than arrest, interview about the evidence against him, charge or not. It just seems a strange way to carry on, particularly for a suspected violent offence.

Wheelnut

Wheelnut wrote: »

.... I'm wondering are you the guy who gave your friends particulars to the Gardai.

TimeToShine wrote: »

... it turns out someone else found a license he lost years ago and handed it when he got detained.

I suspected you wrongly, sorry.

Maphisto

The penny has just dropped. The suspect has given your friend's name and address, presumably his own fingerprints, DNA, photograph (if taken) and then sat through a garda interview pretending to be your friend - wow Mr Cool Customer - and then been released maybe on bail.

BaronVon

Maphisto wrote: »

It did surprise me to begin with that AGS were proceeding by summons rather than arrest, interview about the evidence against him, charge or not. It just seems a strange way to carry on, particularly for a suspected violent offence.

For a minor assault offence, they is no legal power to detain and question someone over it, Section 2 of the Non Fatal Offences Against the Person Act, but there is for more serious assaults, Sections 3 & 4.

Frynge

Years ago my ma answered the door to a Garda serving a summons with my brothers name on it, he had aperantly assaulted somebody on a bus on New Year's Eve.
Only problem was he was in Spain at the time. He called a Garda and explained and that was it.

username123

username123 wrote: »

Why doesnt he just contact the Guard on the summons and talk to him about it before paying a solicitor?

TimeToShine wrote: »

He went in yesterday and spoke to the gard in question and it turns out someone else found a license he lost years ago and handed it when he got detained. Apparently the second the gard saw him he went "Oh you're not the guy I arrested" and was pretty sound about it.

Im delighted to see my unthanked advice being the simple solution to the problem

TimeToShine

username123 wrote: »

Im delighted to see my unthanked advice being the simple solution to the problem

Apologies for that! It seems Occam's razor applies once again.