Assault case proceeding to court

Baby01032012

During the summer I was in a shop trying to calmly sort out an issue I was having with a service that had been provided. The employee got up grabbed my arm and turned me around and pushed me out of the shop. There was only 1 other employee present no customers and no cctv. I immediately reported it to the local Garda station and a statement was taken although I was advised it was in the area of another Garda station, that they would send on the report and a Garda from there would be in touch. I had 1 call over the summer from the investigating Garda that he was going away for a couple of weeks and would be in touch when he got back.
I never heard anymore until I got a letter last week saying there had been a development and to contact the victim support line. So I did and was told that the case will go to court some time in the new year and purely based on my statement. And he would be in touch nearer the time.
I was shocked that it had gone this far, I had forgottten about the assault. I think the offence is minor and I would rather not have to appear in court to face that employee again. I think Its a waste of resources, I'd rather it was closed.
Are cases really going to court based on a single statement and no other evidence? Is there more to this than in led to believe? Will I have to appear? Have I any say in how this is dealt with ie not going to court?

Mr. Incognito

Go to a solicitor

NUTLEY BOY

Just a few general observations on the working principles.

This is a case against the accused. Your role is that of a witness for the prosecution - this is not you versus the accused.

It is the DPP who decides if a suspect is to be charged and with what offence and in which court. The prosecution has to establish it's case beyond reasonable doubt. Additionally, the DPP will consider if there is a reasonable prospect of securing a conviction on the basis of all of the evidence that they have. If there are deficiencies in these matters they would probably not proceed. Also, you don't know if there is other evidence or what it might be.

You do not decide how the case proceeds. That said, a complainant (you) who withdraws a statement and or refuses to give evidence might render the case against the accused nugatory if your evidence was crucial. You can be compelled to attend court to give evidence.

You reported a potential offence to the Gardaí and it is now proceeding to court. Ironically, many people in your position are often disappointed because matters do not get this far i.e a prosecution.

Final thought - would you be so sanguine about this if the accused did that again except the next time it is to an elderly relative ?

tayto lover

You were treated wrongly.
You made a complaint.
The garda wrote down your complaint.
The DPP decided to prosecute on your behalf.

Go to court and finish the job.

Baby01032012

Thanks for the responses. It is just in stark contrast to another situation I have.

An apartment I have where tenants were operating a brothel. They eventually gave up possession to Gardai only to break back in the following day and change the locks. And Gardai won't even record the breakin. I've had to go to solicitor to get them to investigate.

Above is not relevant to this but I find it difficult to put logic on what they will investigate and prosecute and what they will not.

Claw Hammer

Baby01032012 wrote: »

Thanks for the responses. It is just in stark contrast to another situation I have.

An apartment I have where tenants were operating a brothel. They eventually gave up possession to Gardai only to break back in the following day and change the locks. And Gardai won't even record the breakin. I've had to go to solicitor to get them to investigate.

Above is not relevant to this but I find it difficult to put logic on what they will investigate and prosecute and what they will not.

The logic is that they only want to do easy work. They get their conviction rates up charging people with silly things. The guy in the shop probably made a statement admitting it and he will plead guilty. You will then have a nice civil case against the shop.

Mr. Incognito

If you dont go its going to be difficult for them to secure a conviction.

Peregrinus

If he's subpoena'd as a witness he doesn't have any choice about whether to go or not.

Rubberchikken

I think for the dpp it's a lot easier to have something like this tie up court time than actually put an effort into actual issues.
The shop assustants action wasn't something that should have been done to you op but maybe better if he's dealt with now as its gone this far.

ebbsy

Ye might get a few bob out of it.

Peregrinus

Crimes of violence (like assault) are investigated more vigorously than property crimes, and property crimes which are essentially the fallout from what is basically a civil dispute over property come some way down the priority list.

You may not like it, but there's an obvious logic at work.

dr.fuzzenstein

Peregrinus wrote: »

Crimes of violence (like assault) are investigated more vigorously than property crimes, and property crimes which are essentially the fallout from what is basically a civil dispute over property come some way down the priority list.

You may not like it, but there's an obvious logic at work.

I think it's more that people who operate a brothel and break into apartments might be big, nasty people and the Gardai have no desire for a bloody nose, while some surly teenager working in a shop presents no threat and is a nice easy target.

Peregrinus

dr.fuzzenstein wrote: »

I think it's more that people who operate a brothel and break into apartments might be big, nasty people and the Gardai have no desire for a bloody nose, while some surly teenager working in a shop presents no threat and is a nice easy target.

I think you'll find that trying to get a landlord-and-tenant dispute resolved through the criminal law meets with a frosty reception no matter what the size and weight of the tenants.

The guards did get involved in this - we've already been told that the tenants did "surrender possession to the gardai". It was presumably the brothel aspects of the matter than piqued the guards' interest. Now the tenants are back in, but the OP does not suggest that they have resumed running a brothel in the premises. If that's the case, it's just a property dispute about whether the tenants have an entitlement to possession. Lo and behold, the guards find they have more pressing matters to worry about. This may be regrettable, but it is not surprising.