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Dissenting judgements in Supreme Court.

  • 08-11-2018 1:33pm
    #1
    political analyst
    Registered Users, Registered Users 2 Posts: 4,803 ✭✭✭


    https://www.rte.ie/news/2018/1108/1009514-fred-forsey-courts/

    Fred Forsey Jr from Dungarvan in Co Waterford won his Supreme Court appeal over his conviction by a majority of four to one.

    In a dissenting judgment, Mr Justice John McMenamin said he considered the prosecution case was overwhelming and the defence evidence concerning the alleged loan, was discredited to the extent no jury could have concluded Mr Forsey was not guilty.


    Considering that the judgement of the majority of the Supreme Court judges prevails, what's the point of a dissenting judgement?


    Would it not make sense for all the Supreme Court judges hearing a particular case to act as the judicial equivalent of a jury when they adjudicate on the case?


Comments

  • #2
    UrbanFox
    Registered Users, Registered Users 2 Posts: 474 ✭✭UrbanFox


    Today's dissenting judgment may well become tomorrow's majority view.

    Lord Denning was great for that....


  • #3
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,781 Admin ✭✭✭✭✭hullaballoo


    Sorry OP, the case you have referred to is still sub judice and not able to be discussed.

    I have to close this as such.


This discussion has been closed.
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