Garda Intimidation and Threats

rooster00

Hi,

I'll try make this as short as possible. My parents are going through a messy divorce which has resulted in my mother making obscene and baseless accusations against my father. In the midst of all of this she has entered into a new relationship and within 4 months she moved her partner in which resulted in myself and my younger brother being kicked out of the home as her partner did not like us. They have since become engaged.

I am 25 and my brother only recently turned 18. He got a call from our local Garda station requesting that me and him give statements based on accusations brought up by our mother. The Garda refused to discuss with my brother on the phone as to what the accusations were other than that my mother was the person making them. He told my brother that if we did not appear at the station that "he will be knocking on our door and that he doesn't think we'd like a Garda been seen at our nanny's" (as we live with her). My brother was 17 when this conversation occurred.

Two weeks later the Garda has been non-stop texting and calling my brother everyday the past week now since he's turned 18 pretty much demanding that we go down to the station to give a statement. And now today I have found out that he knocked on our grandmother's door (we weren't home) and told her that he will be knocking everyday until we go to the station to give a statement.

He is demanding that we give statements, he is not giving us an option on the matter. I am now in fear that if I or my brother don't wish to give statements that we may be arrested on some baseless accusations when in the Garda station or elsewhere, as once we are in a room on our own they could accuse us of anything.

I don't want him to keep knocking at my nanny's as she is currently undergoing treatment for cancer and does not need this harassment... at the same time I don't feel safe in going to the Garda station.

As far as I am aware giving a statement is not mandatory and anyone can decide for or against giving one and Gardai cannot demand or intimidate people into giving them. It seems as though he will not stop pestering us until we give a statement.

What are my and my brother's options in this situation?

_Brian

You could just go down and give Statements and be done with the whole thing.

rooster00

_Brian wrote: »

You could just go down and give Statements and be done with the whole thing.

But I don't have to give a statement if I don't want to. Nobody can be forced to give a statement and this Garda's behaviour is not normal, he is demanding that we give him one whether we want to or not.

Any statement that is given to him now may be thrown out of court due to his threatening and intimidating actions.

wandatowell

Tough situation to be in but if I'm being honest you have to grow up a bit here and sort it out. Why didn't you go and speak with the Garda when we asked you to?

Even if you don't want to make a statement, just meet him and explain that you will be making no statements then let him go about his business. He probably has enough to be doing without having to be chasing you and your brother.

rooster00

wandatowell wrote: »

Tough situation to be in but if I'm being honest you have to grow up a bit here and sort it out. Why didn't you go and speak with the Garda when we asked you to?

Even if you don't want to make a statement, just meet him and explain that you will be making no statements then let him go about his business. He probably has enough to be doing without having to be chasing you and your brother.

My brother actually tried to set up a meeting with him a day after he rang but he was never around and hard to get in touch with. Now all of a sudden that my brother is 18 he's been hounding his phone and now making threats to do the same at our home.

I have no issue in making a statement or going to the station, I just don't like this Garda's behaviour. He does not need to be chasing us either, he's doing that at his own free will. It is up to myself and my brother whether or not if we go down.

He has threatened that he will keep on hounding us until we give statements, so whether we go down or not is irrelevant... he wants statements and won't stop until they're given.

dubrov

Just make a statement. Sounds like your Dad could do with your support

rooster00

dubrov wrote: »

Just make a statement. Sounds like your Dad could do with your support

Once again, I don't mind giving one. Can you not see however that the Garda is acting well outside his remit in acquiring statements. I have got the right to remain silent if I so choose.

Ails76

If you have evidence of this Garda's intimidating behaviour then I would file a complaint with the Ombudsman. https://www.gardaombudsman.ie

rooster00

Ails76 wrote: »

If you have evidence of this Garda's intimidating behaviour then I would file a complaint with the Ombudsman. https://www.gardaombudsman.ie

It would be hard to prove other than the fact that phone calls were made and I'm sure that it would be logged somewhere that he visited my address. It's somewhat he said/she said as there is no recording of any of the conversations which would be of course normal.

pablo128

Go and speak to the superintendent. He may or may not be at your local station so make some enquiries as to what station he is at. Tell him if it keeps up you will make an official complaint.

rooster00

pablo128 wrote: »

Go and speak to the superintendent. He may or may not be at your local station so make some enquiries as to what station he is at. Tell him if it keeps up you will make an official complaint.

I will most likely go to the station, I just don't feel to safe in going due to how adamant this Garda is in getting our statements. I am afraid that he may accuse us of all sorts against him such as abusive behaviour and so forth and detain us for such offences.

Also my brother has a disability and can get confused when being asked questions and giving answers so there is a high probability that he may not understand what's being asked and could also easily be coerced into saying things he does not mean. Would I be able to stand in with him during his statement and advise him throughout?

nxbyveromdwjpg

Make it clear to him you don't want to make any statement and then make a note of every further contact he initiates. Then go to the station and report him for harassment, its a crime.

nxbyveromdwjpg

rooster00 wrote: »

Also my brother has a disability and can get confused when being asked questions and giving answers so there is a high probability that he may not understand what's being asked and could also easily be coerced into saying things he does not mean. Would I be able to stand in with him during his statement and advise him throughout?

Bring a solicitor.

Rows Grower

rooster00 wrote: »

It would be hard to prove other than the fact that phone calls were made and I'm sure that it would be logged somewhere that he visited my address. It's somewhat he said/she said as there is no recording of any of the conversations which would be of course normal.

You said earlier he was non stop texting, get your story right.

Did it ever cross your mind that he may actually be trying to assist you and your brother?

rooster00

Cara Delicious Gear wrote: »

Bring a solicitor.

Will I be given a copy of my mother's statement before I give mine or what is the process when giving a statement do you know?

rooster00

Rows Grower wrote: »

You said earlier he was non stop texting, get your story right.

Did it ever cross your mind that he may actually be trying to assist you and your brother?

My story is straight, he was also texting requesting that we arrange a time and date to go down to the station. There was no threats in the text messages.

Not necessarily no as several Garda in the station have a vendetta against my father and my mother is a very good liar. Also may I add that her fiance in the past has told us that he is good friends with some Gardai in this particular station. So hence my reluctance to actually present myself to the station.

Rows Grower

rooster00 wrote: »

My story is straight, he was also texting requesting that we arrange a time and date to go down to the station. There was no threats in the text messages.

Not necessarily no as several Garda in the station have a vendetta against my father and my mother is a very good liar. Also may I add that her fiance in the past has told us that he is good friends with some Gardai in this particular station. So hence my reluctance to actually present myself to the station.

Sorry rooster, I have no more to offer.

As the Dragon's would say " I'm Out".

TomOnBoard

rooster00 wrote: »

My story is straight, he was also texting requesting that we arrange a time and date to go down to the station. There was no threats in the text messages.

Not necessarily no as several Garda in the station have a vendetta against my father and my mother is a very good liar. Also may I add that her fiance in the past has told us that he is good friends with some Gardai in this particular station. So hence my reluctance to actually present myself to the station.

Go to your local Free Legal Aid Centre and ask for advice. Far safer than what you'll get here..

T-Maxx

Ffs just go to the station and talk to them.

pablo128

T-Maxx wrote: »

Ffs just go to the station and talk to them.

He doesn't want to and nor does he have to. He most likely knows what it's about, and probably has nothing to do with him, and wants to stay out of it.

testicles

This post has been deleted.

Glass fused light

Call around local solicitors and get some quotes. Pick one explain what has been happening in respect of the family and the complaint to the gardai.

Listen to what they advise.

If advised to make a statement get them to arrange a time and date to call to the station.
If advised not to make a statement allow them to act on your behalf.

Glass fused light

testicles wrote: »

You're not under arrest ffs.

Yet ..... its a family fight where the op was evicted from the home.

The best way for the op to convict himself could be to make a statement.

The garda is not accusing you of anything, your mother has clearly made some kind of statement of complaint.
You don't know what she has claimed as you have not spoken to the guard.
If he has received a complaint, then he has to investigate it.
I would imagine it is either quite a small complaint or he realises it is a family dispute.
He has to investigate.
Just go down, see what the complaint is, you don't have to give a statement.
Seems to me he wants to investigate it without causing major hassle, hence asking you & brother to attend.

He is merely doing his job.

Pat Mustard

There has been a lot of advice to go down to the station and make a statement.

To which I would put the question - a statement about what?

Going in blind to meet Gardai to give a statement is an ill-conceived idea.

People do not get convicted of crimes on the basis of their guilt or innocence. People get convicted on the basis of evidence. A statement which is made to a Garda can be used as evidence. For that reason, one should not treat a request for a statement lightly, on the basis or innocence or otherwise.

Given the background of obscene allegations and where the issue remains unknown at this point, the prudent thing to do would be to retain a solicitor who deals with these types of issues. A solicitor who deals with District Court issues and criminal offences would fit the bill.

If a statement is appropriate, it can be drafted by a solicitor after he has spoken with the Garda and all relevant witnesses. It is better to spend hundreds on a solicitor to draft a solid statement than to end up with a possible prosecution hanging over one's head for months and possible court appearances to follow.

See a solicitor.

mynamejeff

Your story get a new fact every post or so,

now there is a vendetta and a conspiracy ? a disabled sibling and prior relationships between the gardai and your new stepdad

seems like there is a major issue going the other way


you can make a negative statement if you want to even pre write it and sign it in the station

If you want to go speak to a solicitor but as a few have advised already you need to grow up