defamation of character info??

djflawless

Without going to much into detail of what its about, what's the craic with a defamation of character case?
On behalf of a relative I'm asking this question with the hopes of getting a serious answer in lay mans terms about what's involved with a case when the garda will say they can do nothing about defamation without a solicitors letter and the perpetrator keeps harassing the relative and other family members while also slandering the relatives name on hearsay in regards theft
?
There seems to be no other way to stop it without legal action and am finding it hard to figure out through citizens info websites
If there is any info needed feel free to ask away

Pat Mustard

Harassment can be reported to Gardai.

I'm not sure what you are asking apart from that.

djflawless

Been to the guards.they said to get a solicitors letter.
Is this to threaten legal action?
Guards said they couldn't tell any thing other than that??

Pat Mustard

djflawless wrote: »

Been to the guards.they said to get a solicitors letter.
Is this to threaten legal action?
Guards said they couldn't tell any thing other than that??

I appreciate that you want to keep details confidential, but it's not clear what is happening, so it's difficult to know.

Gardai often advise people to see a solicitor if they think a problem is a civil matter rather than a criminal matter.

http://en.wikipedia.org/wiki/Civil_law_%28common_law%29

Little CuChulainn

Defamation has nothing to do with the Gardaí. It is a purely civil matter and requires a solicitor to act on behalf of the injured party.

Harassment is a criminal matter which would be dealt with by the Gardaí but the actions have to be directed at the injured party. Telling lies about them would not usually come under this.

djflawless

So basically just get sorted with a solicitor
Considering the Gardai have called numerous times to the accused but haven't taken any action, does this mean they are only acting out their duties and entertaining the reporter?

FreudianSlippers

djflawless wrote: »

So basically just get sorted with a solicitor
Considering the Gardai have called numerous times to the accused but haven't taken any action, does this mean they are only acting out their duties and entertaining the reporter?

It's not clear that there is defamation or harassment from your description, but then again we can't offer legal advice here so no need to go into more detail. What I will say is that it is important that you understand the distinction above: the Gardaí can do nothing about defamation, it is not a criminal matter.
With regard to the harassment, how do you know the Gardaí have done nothing?

Little CuChulainn

djflawless wrote: »

So basically just get sorted with a solicitor
Considering the Gardai have called numerous times to the accused but haven't taken any action, does this mean they are only acting out their duties and entertaining the reporter?

It's likely they are simply following up the complaint and maybe trying to give a friendly warning in the hopes of preventing the incident escalating.

djflawless

FreudianSlippers wrote: »

how do you know the Gardaí have done nothing?

when i say done nothing i mean towards the allegations being made at my family member regards supposed theft.if there was grouns for suspicion or proof surely there would have been an arrest/calling to the house etc instead of just achat on the side of the road?

FreudianSlippers

djflawless wrote: »

when i say done nothing i mean towards the allegations being made at my family member regards supposed theft.if there was grouns for suspicion or proof surely there would have been an arrest/calling to the house etc instead of just achat on the side of the road?

I think it has been pointed out in every response to this thread that defamation is not a criminal matter. I am not quite sure the part that is still unclear.

Little CuChulainn

FreudianSlippers wrote: »

I think it has been pointed out in every response to this thread that defamation is not a criminal matter. I am not quite sure the part that is still unclear.

I think he is saying they have done nothing that would substantiate the claim of criminal action i.e. arrested or charged the person who is the victim of defamation.

djflawless

Little CuChulainn wrote: »

I think he is saying they have done nothing that would substantiate the claim of criminal action i.e. arrested or charged the person who is the victim of defamation.

10/10
What I was trying to find out is if this meant the guards had no need to be involved anymore as it was all up to a solicitor like the guard at the desk in the station claimed?

Beano

djflawless wrote: »

10/10
What I was trying to find out is if this meant the guards had no need to be involved anymore as it was all up to a solicitor like the guard at the desk in the station claimed?

If it is only defamation and not harassment then it is not a garda matter.

thebannerboy

Who are your neighbours they making the allegations to? How do you know they are making allegations?

djflawless

Reporting someone for theft to the guards with "hearsay" as evidence
Id call that an allegation
And its a local farmer doing all the reporting to the guards and basically blackening a family's name

Little CuChulainn

djflawless wrote: »

Reporting someone for theft to the guards with "hearsay" as evidence
Id call that an allegation
And its a local farmer doing all the reporting to the guards and basically blackening a family's name

There is a defence under the Defamation Act for people reporting a crime to Gardaí, even if it is based on hearsay. Once they are not being dishonest they will likely be able to use this defence.