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Can I sue a private person?

  • 02-02-2018 9:59pm
    #1
    Sara1998
    Registered Users, Registered Users 2 Posts: 1 ✭


    Looking for advice. I had an altercation with a super drunk guy when I was leaving work, I was moving my home countries flag from my office back home which I was carrying (I'm not from Ireland) he made a comment about my flag and got abusive, aggressive and began taking off his jacket telling me to 'fight him'.
    I am more mature than that and I of course declined, this then lead to him getting in my face and spitting at me.
    The police were called and they took him to a place to sober up and then let go, but no further action will be taken as they say there is not enough proof he spat at me for my flag. I have witnesses and their contact details. This was an obvious hate crime?!
    Can I go through a solicitor and press charges through court somehow?
    Money isn't an issue, but I just am unsure where to begin looking.
    Thanks a lot


Comments

  • #2
    Water John
    Registered Users, Registered Users 2 Posts: 21,808 ✭✭✭✭Water John


    You can only take a civil case, for damages, TMK. The state only, takes criminal cases.


  • #3
    Green Peter
    Registered Users, Registered Users 2 Posts: 979 ✭✭✭Green Peter


    You could make a statement to the gardai about the incident. It could be classed as a racial crime and with him spitting on the flag and threatening you a charge of "incitement to hatred". Chances are he'll be prosecuted for a public order offence.


  • #4
    Zaph
    Registered Users, Subscribers, Registered Users 2 Posts: 47,351 ✭✭✭✭Zaph


    Moved from Forum Requests


  • #5
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    You can take a case as a 'common informant' in the District Court I believe, however I think the DPP can intervene - some one will correct my undoubtedly wildly inaccurate post.

    You'd be better off taking a civil case the standard of proof is lower, but the only remedy is damages.


  • #6
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Samuel T. Cogley wrote: »
    You can take a case as a 'common informant' in the District Court I believe, however I think the DPP can intervene - some one will correct my undoubtedly wildly inaccurate post.

    Anybody can initiate a private prosecution for any type of offence (summary or indictable).

    For indictable or indictable tried summarily you must have permission of the DPP to initiate and in the case of indictment you can only go to the point of return for trial after which the DPP must take over.

    In the case of a summary offence anyone can take a case under the common informer system and the DPP can not intervene.


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  • #7
    uberwolf
    Registered Users, Registered Users 2 Posts: 7,581 ✭✭✭uberwolf


    Is spitting not assault?


  • #8
    Jawgap
    Closed Accounts Posts: 20,297 ✭✭✭✭Jawgap


    Sorry, don't think this story passes the sniff test......you have witnesses but the police (Guards?) are not willing to take action (not even a caution), but you say it's an obvious hate crime?

    Why isn't it obvious to the Guards?

    Plus the police "took him to a place to sober up" - did he go voluntarily? Or was he arrested, and if do what for?


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