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Could making a scurrilous complaint to the Gardaí be considered defamation?

  • 30-04-2014 4:54pm
    #1
    Registered Users, Registered Users 2 Posts: 316 ✭✭


    If, hypothetically, a complaint was made to AGS regarding the behaviour of someone against someone else, but was subsequently proven to be baseless and scurrilous, could a claim in defamation be taken?


Comments

  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Technically yes.

    EDIT: Misread post.


  • Registered Users, Registered Users 2 Posts: 316 ✭✭sureitsgrand


    Technically yes. The Ombudsman claims to have prosecuted people for making false statements to them so theoretically these statements could constitute the basis for a defamation case.

    Thanks for the reply Little CuChulainn. :)

    If the scurrilous complaint was not acted upon by the Guards and also not taken any further by the complainant, do you think there still may be potential grounds for a claim in defamation?

    A hypothetical example: N told M that she had reported him to AGS because of illegal behaviour X. She also mentioned to her friends and mutual friends that this behaviour had occurred. Obviously, M doesn't want people to think that he undertook this behaviour as it would reflect very poorly upon him, and the fact that he has had such an accusation made (and potentially noted on Pulse) is cause of concern and stress to him.

    Could this be considered slander?


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Thanks for the reply Little CuChulainn. :)

    If the scurrilous complaint was not acted upon by the Guards and also not taken any further by the complainant, do you think there still may be potential grounds for a claim in defamation?

    A hypothetical example: N told M that she had reported him to AGS because of illegal behaviour X. She also mentioned to her friends and mutual friends that this behaviour had occurred. Obviously, M doesn't want people to think that he undertook this behaviour as it would reflect very poorly upon him, and the fact that he has had such an accusation made (and potentially noted on Pulse) is cause of concern and stress to him.

    Could this be considered slander?

    Sorry I actually misread your post. I thought you were talking about a complaint made against a Garda. A defamation case requires that the claim be false, that it be published in some manner and that it lower the persons standing in the eyes of his peers. Even without the comlpaint to Gardaí M has a potential case against N. It's an expensive process though and the devil is in the detail, which is why a solicitor should be consulted.


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    This post has been deleted.

    Even a vexatious complaint with no factual basis?


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  • Registered Users, Registered Users 2 Posts: 316 ✭✭sureitsgrand


    This post has been deleted.

    Thanks for the comment.

    Even if they told you and others that a complaint had been made?


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Thanks for the comment.

    Even if they told you and others that a complaint had been made?

    There is a defence of qualified privilege for cases where the person had a moral duty to report something. However it does not apply to malicious acts.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 316 ✭✭sureitsgrand


    Sorry I actually misread your post. I thought you were talking about a complaint made against a Garda. A defamation case requires that the claim be false, that it be published in some manner and that it lower the persons standing in the eyes of his peers. Even without the comlpaint to Gardaí M has a potential case against N. It's an expensive process though and the devil is in the detail, which is why a solicitor should be consulted.

    Oh, I understand the potential difficulty and expense of making a claim in defamation - particularly with the number of defences available (from my Googling!).

    It seems a pity that someone's reputation can be so easily tainted by having it said "N made a complaint to the Gardaí about M for X, don't you know!" and there not being much recourse to it without having deep pockets!


  • Closed Accounts Posts: 3,357 ✭✭✭Beano


    Could doing something like this lead to a charge of wasting garda time?


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  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Beano wrote: »
    Could doing something like this lead to a charge of wasting garda time?

    It is an offence to provide a statement which you know to be false.


  • Registered Users, Registered Users 2 Posts: 316 ✭✭sureitsgrand


    It is an offence to provide a statement which you know to be false.


    Thanks for all the input, guys.

    What if it was false, but the 'honest opinion' of N that M committed behaviour x.

    I realise that 'honest opinion' is a defence against defamation- which to me, as a layman, seems a neat excuse.


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Thanks for all the input, guys.

    What if it was false, but the 'honest opinion' of N that M committed behaviour x.

    I realise that 'honest opinion' is a defence against defamation- which to me, as a layman, seems a neat excuse.

    If you report that you believe something happened that is more defensable than reporting you saw something happening.


  • Registered Users, Registered Users 2 Posts: 316 ✭✭sureitsgrand


    If you report that you believe something happened that is more defensable than reporting you saw something happening.


    If an accusation was made to AGS and noted on pulse- which subsequently formed part of a basis that prevented one from obtaining a specific license/permission - do you think this might be a cause for legal action (in defamation -edit: this is the part I edited)

    (Again, this is all hypothetical and no legal advice is being sought- only opinion)


  • Registered Users, Registered Users 2 Posts: 117 ✭✭Cymini Sectores


    If an accusation was made to AGS and noted on pulse- which subsequently formed part of a basis that prevented one from obtaining a specific license/permission - do you think this might be a cause for legal action (in defamation -edit: this is the part I edited)

    (Again, this is all hypothetical and no legal advice is being sought- only opinion)

    As has been stated, defamation comes into play when one's good name has been spoiled such that he is lowered in the eyes of his peers.

    An action may arise on the basis that the denial of such license/permit was based on false information. From the info you've given, this may have nothing to do with defamation.


  • Registered Users, Registered Users 2 Posts: 316 ✭✭sureitsgrand


    As has been stated, defamation comes into play when one's good name has been spoiled such that he is lowered in the eyes of his peers.

    An action may arise on the basis that the denial of such license/permit was based on false information. From the info you've given, this may have nothing to do with defamation.

    Hi, thanks Cymini, thanks for your input...

    So here's the hypothetical situation:

    In the eyes of N, M has perpetrated an illegal act towards him/her. N has repeated this to mutual acquaintances of M, as well AGS. However, N and/or AGS has not pursued this further, a warning/summons has not been issued. BUT a note on Pulse has been taken. As it is known that Pulse information is often taken into account when AGS decide on the granting of licenses/permissions, is it not fair to say that a potentially untrue/scurrilous remark could influence said decisions, and thus is worthy of challenge?

    Which, surely, is not in the interests of justice or equity.


  • Registered Users, Registered Users 2 Posts: 117 ✭✭Cymini Sectores


    Hi, thanks Cymini, thanks for your input...

    So here's the hypothetical situation:

    In the eyes of N, M has perpetrated an illegal act towards him/her. N has repeated this to mutual acquaintances of M, as well AGS. However, N and/or AGS has not pursued this further, a warning/summons has not been issued. BUT a note on Pulse has been taken. As it is known that Pulse information is often taken into account when AGS decide on the granting of licenses/permissions, is it not fair to say that a potentially untrue/scurrilous remark could influence said decisions, and thus is worthy of challenge?

    Which, surely, is not in the interests of justice or equity.

    Such remarks might influence decision to grant or not to grant permit/license. But surely, the decision maker will not proceed on hear say evidence. Furthermore, the decision could be challenged if the person whom it affects feels that such decision have been arrived as a result of false information.

    These are speculations AGS certainly have policies on these matters.


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