Thanks

JaneyMackey · 10-10-2022 3:36pm #1

Edit: Thanks for the responses here, I appreciate it. I’ll let yous know how it goes

Hobgoblin11 · 10-10-2022 3:42pm

impossible to prove beyond a reasonable doubt when the damage occurred i would have thought, keying a car is a dastardly crime to take responsibility for if you didn't do it

JaneyMackey · 10-10-2022 3:46pm

https://www.boards.ie/discussion/comment/119726709#Comment_119726709

Removed

NUTLEY BOY · 10-10-2022 3:48pm

Legal advice not allowed. Looking at this as a theoretical case study.

At what point are gardai required to caution a suspect ?

Has the suspect self-incriminated by apparently identifying themselves if they had not been cautioned first ?

Hobgoblin11 · 10-10-2022 3:48pm

https://www.boards.ie/discussion/comment/119726739#Comment_119726739

again if you didnt do it, dont back down, disgusting crime

Pinoy adventure · 10-10-2022 3:49pm

Mount joy is waiting on you

JaneyMackey · 10-10-2022 3:51pm

https://www.boards.ie/discussion/comment/119726749#Comment_119726749

I get what you're saying. They took a statement from me so I was under caution.

But again, the video shows literally nothing bar a person walking down a street

JaneyMackey · 10-10-2022 3:54pm

https://www.boards.ie/discussion/comment/119726753#Comment_119726753

Unfortunately knowing how this place operates I'd be done, while some lad with 200 previous convictions would be let off

csirl · 10-10-2022 3:55pm

Sounds fishy.

But do some due diligence on your movements. If you normally have your phone with you, your google timeline will have your movements on it. If the time you passed the house is very different (or you didnt pass it at all that date), then you know the figure on the video isnt you. If so, its game over.

csirl · 10-10-2022 3:58pm

https://www.boards.ie/discussion/comment/119726749#Comment_119726749

Good point.

Note that if you accept a caution, the owner could sue you for the damage and would likely win as you admitted it.

JaneyMackey · 10-10-2022 4:02pm

https://www.boards.ie/discussion/comment/119726770#Comment_119726770

Yes I checked this. The time on my phone shows I walked past the house alright on that date. But the exact time on the CCTV is unclear as apparently it was either an hour behind or an hour ahead. Can't remember which they said so must get my solicitor to check that.

bucketybuck · 10-10-2022 4:11pm

Even if you walked past the car that doesn't mean the damage was done at that time.

Don't get wrapped up in some idea of innocent people getting railroaded for things they didn't do. If you didn't do it, and they have no evidence that you did it, then you will be fine. Certainly do not admit to something you didn't do.

The Guard could easily be playing a bluff, because if you had done it then you might actually feel that accepting a caution is your best option at this point. I suspect he knows full well that this would never get near court, but is hoping you don't know that.

If I were in your shoes I would tell him to either charge me or go away.

shalom · 10-10-2022 4:19pm

Do you have any previous convictions?

TooTired123 · 10-10-2022 4:26pm

If you didn’t do it then you must simply reiterate that and stick to it. There’s no way you’d get me to agree that I did/didn’t do something when it’s not true.

He has no proof, I expect, that his car was keyed that night and not at any time in the days/weeks previous.

Good luck.

10-10-2022 4:27pm

https://www.boards.ie/discussion/2058266877/being-charged-with-criminal-damage

If you didn’t do it you’re grand

JaneyMackey · 10-10-2022 4:29pm

https://www.boards.ie/discussion/comment/119726867#Comment_119726867

Nope. Not even penalty points. Literally the only time I’ve dealt with Gardaí outside run of the mill passport, drivers license stuff

10-10-2022 4:30pm

Is it possible that the local Garda Inspector is pals with the selfish gobsh1te who parked his car and blocked the footpath?

Irrespective of how this turns out, why not ask the Gardaí why they aren't prosecuting a moron who persists in blocking the footpath.

JaneyMackey · 10-10-2022 4:34pm

I’ve begun to suspect that myself!

Haha I was tempted to ask that alright. Like the only reason I’d be anywhere near the car is that I had to walk by it on the footpath

Mrs OBumble · 10-10-2022 4:38pm

How come the guards have resources to put this much effort into a keyed car?

JaneyMackey · 10-10-2022 4:40pm

I suspect because it’s quite a posh are. Or as said above the owner is a Gardas mate or something

GSBellew · 10-10-2022 4:58pm

I don't think I would be inclined to complain about the car blocking the footpath, they might try to twist that back on you.

Akrasia · 10-10-2022 5:13pm

If it's a criminal charge them they have to show beyond a reasonable doubt that you commited the crime. Walking a dog along a public footpath is nowhere near enough evidence that you did it.

newmember2 · 10-10-2022 5:27pm

https://www.boards.ie/discussion/comment/119726770#Comment_119726770

How is it game over?? It's not a crime to walk your dog past a car...wtf?

Seth Brundle · 10-10-2022 5:36pm

The Garda then informed me that the owner of the car claims it was at this point that they think their car was keyed and as I was the only person who walked by the car that night I must be responsible.

The owner has nothing to prove that the car was not damaged beforehand bar an assumption - they don't even seem sure when the keying occurred but know it was you?

Based on what you've told us, they have nothing to show in terms of who caused the damage or when it happened. Jesus, the damage could have been there for a year but the owner has recently found an opportunity to blame someone.

The owner then makes an assumption that it was you but again, you cannot be clearly identified - everyone is presuming it is you.

TheWonderLlama · 10-10-2022 5:43pm

Tell them nuthin.

So, a figure, with a hoodie up (face not visible) is alleged to have keyed a car a year ago and the filth have decided you're responsible?

Nah. A thousand other people could have walked past that car that same evening.

The damage could have been done at a different time.

The person in the video is not me. Couldn't be.

There is no way this is going to court. DPP would laugh it out of his office.

Seth Brundle · 10-10-2022 5:52pm

Actually, did the gardai review the footage from the entire night or are they taking this further based only on what the car owner has claimed?

JaneyMackey · 10-10-2022 5:54pm

They seemed to have the full recording of the evening

Borzoi · 10-10-2022 5:57pm

I didn't think that CCTV was allowed record people in public, such as on a path. you could counter claim under GDPR , then he follows you home?? stalking?

whole thing is a crock of nonsense. a total waste of garda resources based on the victims sleuthing

shalom · 10-10-2022 6:43pm

https://www.boards.ie/discussion/comment/119727335#Comment_119727335

I like the sound of this . He he he

bucketybuck · 10-10-2022 6:46pm

https://www.boards.ie/discussion/comment/119727335#Comment_119727335

You don't think that CCTV is allowed to record people in public?

I'm curious why you think all those millions of CCTV cameras are allowed everywhere...

Count Dracula · 10-10-2022 6:57pm

What's your dogs name?

Xander10 · 10-10-2022 6:58pm

https://www.boards.ie/discussion/2058266877/being-charged-with-criminal-damage

What's your issue:

You caused the damaged and you are wondering is there enough evidence to charge you, or
You didn't cause any damage and are worried they might incorrectly conclude you did based on the segment of CCTV you viewed with them?

MakersMark · 10-10-2022 7:05pm

Should sticky this thread.

Never give a statement to the Gardai without a solicitor present.

Seth Brundle · 10-10-2022 7:08pm

https://www.boards.ie/discussion/comment/119727320#Comment_119727320

Not quite answering the question - did the gardai review all of the CCTV for the entire night? I honestly would not believe that the gardai viewed it as they don't have time to sit and watch hours of footage of a potential bit of damage.

Witcher · 10-10-2022 7:08pm

https://www.boards.ie/discussion/comment/119727617#Comment_119727617

No statute of limitations, it's an indictable offence.

JaneyMackey · 10-10-2022 7:10pm

https://www.boards.ie/discussion/comment/119727615#Comment_119727615

Oh right. I don’t know honestly

Borzoi · 10-10-2022 7:15pm

https://www.dataprotection.ie/en/dpc-guidance/blogs/domestic-cctv

in a nutshell, if domestic cameras point outside the home, such as a public path, the owner must register and keep the data in a proper fashion. OP definitely has a case for complaint to DPC

hometruths_real · 10-10-2022 7:16pm

too much ambiguous info provided to the gardai, along with placing themself in the area at a somewhat similar-ish time... they will try to construe into a version of guilt.

if it was the person, own up, get a straightforward case

if it wasn't, get a solicitor ASAP and don't go anywhere near the guards in future without them

AndrewJRenko · 10-10-2022 8:12pm

https://www.boards.ie/discussion/comment/119727526#Comment_119727526

For recording people on your own property. You can't point a CCTV camera at a public road or path.

Claw Hammer · 11-10-2022 9:13am

The owner might have scratched the car himself driving against a wall or hedge and is trying to get an insurance claim through by alleging criminal damage.

TooTired123 · 11-10-2022 4:11pm

https://www.boards.ie/discussion/comment/119729269#Comment_119729269

That’s an incredible stretch.

I think it’s more likely that the car owner spotted the damage in the day light the following day and doesn’t accept that it happened anywhere except for outside his house.

He fabricated a scenario in his head with the help of his CCTV and is forcing the few facts to justify his theory.

UrbanFox · 14-10-2022 11:39am

In the event that OP is prosecuted on a summary basis his solicitor will apply for discovery of relevant materials. It would be fascinating to see what body of evidence the prosecution has collected to justify a prosecution.

IMHO it is hard to see something like this going to court on the evidence disclosed here. Remember that the standard of proof is that of beyond all reasonable doubt.

Also, is there not a preliminary requirement for the DPP to consider how realistic a prospect there is of securing a conviction?

JaneyMackey · 14-10-2022 2:42pm

https://www.boards.ie/discussion/comment/119743385#Comment_119743385

So I met my solicitor and they were really good.

On the DPP thing, they said because it is district court it would just be a Garda and not the DPP prosecuting (although it'll be technically in the name of the DPP). So It'll just be a Judge, no jury, which means it's summary.

I'll keep yous posted when it finally goes to court or whatever.