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What's people's opinions on this case of guards harassment and cohesion into a confession

  • 31-10-2024 06:24PM
    #1
    Registered Users, Registered Users 2 Posts: 11


    **Subject:** Urgent Request for Legal Assistance: Gardaí Misconduct, Coercion, and Unlawful Detention Resulting in Anticipated Drug Charge and Serious Emotional Harm




    I am urgently seeking legal representation following a series of grave actions by Gardaí that have culminated in the threat of a drug charge under conditions I believe to be both unlawful and coercive. Gardaí’s conduct during this incident, alongside a prior encounter, demonstrates a pattern of harassment, intimidation, and disregard for my rights, which has severely impacted my mental health and recovery. I am seeking your expertise to challenge this anticipated charge, hold Gardaí accountable, and seek redress for the significant harm caused. Below is a detailed account of the incidents:


    1. **Initial Incident of Harassment and Unlawful Search**: Approximately one week before the raid, I experienced an unprovoked encounter with two Garda officers while purchasing a parking ticket in an area unfamiliar to me. I had no prior interactions with local Gardaí and was shocked to be approached from behind without cause. One officer remarked, “Aren’t you a good citizen?” Initially thinking it was small talk, I responded politely, only for them to demand I empty my pockets.


       Surprised, I respectfully asked if I was suspected of a crime or acting suspiciously. However, one officer—who later participated in the raid on my girlfriend’s house—responded by threatening to arrest me and search me at the station if I didn’t comply, offering no grounds for this demand. Out of fear, I allowed this humiliating and invasive search, which I believe was entirely unwarranted. This encounter, my first experience with Gardaí in the area, left me feeling targeted, violated, and shaken.


    2. **Raid and Forced Detention on July 3rd**: On July 3rd, while seated in the passenger side of a car parked outside my girlfriend’s house, Gardaí conducted a raid on the property. I had no involvement with the raid and did not reside at the address—my own residence is miles away. Despite immediately providing my full name, address, and date of birth, confirming that I had no connection to the premises, Gardaí forcibly removed me from the car and took me into the house without any stated reason or legal basis. This forcible removal, despite my full cooperation, was an abusive violation of my rights.


    3. **Severe Coercion and Threats Involving My Girlfriend’s Children**: Inside the house, Gardaí escalated their intimidation by threatening my girlfriend with the removal of her children if “someone” did not take responsibility for drugs found on the premises. Terrified for the impact on innocent children, I felt I had no choice but to take responsibility, even though I had no knowledge of or connection to the drugs. This “admission” was made solely to protect her children and was extracted under extreme duress that no reasonable person could withstand. Such conduct was not only deeply unethical but also renders any admission legally invalid.


    4. **Impact on My Recovery Journey**: At the time of the raid, I had been attending drug counseling and was making remarkable progress, having maintained five weeks of sobriety. This incident, however, disrupted my stability and caused me to relapse, undoing the hard work I had accomplished. The trauma and stress of being unlawfully detained, threatened, and coerced have left me struggling to maintain my recovery. While I continue to fight this relapse with the support of my drug counselor, I am now considering attending a rehabilitation center—a step I did not anticipate needing before this incident. This setback has not only impacted my mental health but has also jeopardized the progress I was making toward a stable, drug-free life.


    5. **Pending Charge and Ongoing Anxiety**: Although I have yet to be formally charged, Gardaí have informed me that I will face a charge for sale and supply of drugs within two months of the July 3rd raid. Nearly four months later, I am still living with the constant threat of a criminal charge based on an admission coerced through intimidation. The uncertainty and stress of this looming charge continue to exacerbate my mental and emotional struggles.


    6. **Pattern of Harassment, Abuse of Power, and Rights Violations**: These incidents reveal a disturbing pattern of Gardaí’s abuse of power, using intimidation, coercion, and unlawful detention. The initial encounter, where I was subjected to an unjustified search and threatened with arrest, set the stage for the egregious abuse I endured during the raid. I believe Gardaí’s actions have not only violated my rights but have also disrupted my recovery, causing me lasting distress, anxiety, and fear.


    7. **Profound Emotional and Reputational Impact**: I am now unjustly facing criminal charges, struggling with the consequences of a relapse, and dealing with damage to my reputation—all due to Gardaí’s actions. This experience has undermined my sense of safety, dignity, and progress, as I am left to navigate a false admission made under coercive conditions. The trauma, humiliation, and anxiety from these encounters have profoundly affected my well-being and recovery.


    8. **Immediate Legal Action and Remedies Sought**:

       - **Challenge the Anticipated Drug Charge**: I urgently need assistance to contest this anticipated drug charge, as any admission was the result of intense psychological coercion, intimidation, and Gardaí’s abuse of power.

       - **Hold Gardaí Accountable for Misconduct**: I wish to file a formal complaint with the Garda Síochána Ombudsman Commission (GSOC) to address Gardaí’s repeated misconduct, including the initial unlawful search, forced detention, and coercive threats involving children.

       - **Seek Compensation for Emotional Trauma, Reputational Harm, and Disruption to Recovery**: I am seeking compensation for the significant emotional trauma, reputational harm, and disruption to my drug recovery. Gardaí’s misconduct has led to a severe relapse, increased mental distress, and the need for rehabilitation, undoing the progress I had worked so hard to achieve.


    This situation is profoundly serious, and I am committed to pursuing all legal avenues to address these rights violations and the devastating impact on my recovery journey. I respectfully request a prompt response so we may begin the process of seeking justice and ensuring accountability.


    Thank you very much for your time and assistance. I look forward to your response.


    Kind regards,  


    Some information I found online

    If you were outside the premises, the house was not your residence, and your name was not listed on the warrant, the Gardar's action of bringing you into the raided property may potentially have been a breach of your rights. Here's an outline of how your rights might have been affected

    Legal Basis for Actions: Unless there was a specific and lawful reason to connect you to the raid or the suspected offense, bringing you into the house may not have been legally justified. Any evidence or statements gathered in connection with your presence could be challenged if obtained through a potential rights breach.

    Chain of Evidence: For a charge to hold, there generally needs to be a clear connection between the accused and the evidence (drugs) found. If you were brought onto the property against your will or without legal basis, it may be difficult to establish that you had control or possession of the drugs found on the premises. The prosecution must prove beyond reasonable doubt that you had knowledge and control over the drugs, which may be challenging if you were only there because Gardai brought you in.

    Potential Breach of Constitutional Rights: Under Irish law, any action by Gardaí that unlawfully restricts your freedom or violates your right to privacy may be considered a breach of your constitutional rights. If Gardaí exceeded their legal powers in bringing you onto the premises, it could be argued that any evidence gathered as a result of this breach should be inadmissible in court.

    In summary, if Gardaí brought you onto the premises without proper authority and subsequently charged you based on drugs found, this could be a strong basis for a defense. Consulting a solicitor promptly would be essential to explore options for challenging the legality of the charge and potentially excluding the evidence obtained through the raid.

    Post edited by ad101b on


Comments

  • Registered Users, Registered Users 2 Posts: 11 ad101b


    comment has been added to the original post sorry for any confusion caused

    Post edited by ad101b on


  • Registered Users, Registered Users 2 Posts: 1,227 ✭✭✭csirl


    Sounds similar to thiis. Interestingly, the Garda responsible has since been promoted to Inspector!

    https://www.thejournal.ie/special-criminal-court-trial-collapses-3298034-Mar2017/



  • Registered Users, Registered Users 2 Posts: 1,227 ✭✭✭csirl


    P.S this is the same guy!

    https://m.independent.ie/regionals/herald/garda-was-drunk-in-patrol-car/27949626.html



  • Registered Users, Registered Users 2 Posts: 11 ad101b


    thanks for this information it’s really appreciated



  • Registered Users, Registered Users 2, Paid Member Posts: 812 ✭✭✭HazeDoll




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  • Registered Users, Registered Users 2 Posts: 1,117 ✭✭✭StormForce13




  • Registered Users, Registered Users 2 Posts: 11 ad101b


    sorry I ment to add this into the post as I seen it posted online I didn’t know how to edit the post



  • Registered Users, Registered Users 2 Posts: 4,452 ✭✭✭tabby aspreme


    Op had you previous dealings with the Gardai regarding illegal drugs.



  • Registered Users, Registered Users 2 Posts: 11 ad101b


    I’m a recovering addict with 1 previous conviction for personal use 70€ worth of cocaine 5 years ago in a different town and the Garda in question I had never met they didn’t know me I had turned my life around and never came to the attention of Garda not even in my own town



  • Registered Users, Registered Users 2 Posts: 11 ad101b


    I figured out how to add it to the original post thank you for pointing it out much appreciated



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  • Registered Users, Registered Users 2 Posts: 2,689 ✭✭✭Cotts72


    You had no knowledge that there was drugs in your girlfriends house? What type of drugs?



  • Registered Users, Registered Users 2 Posts: 4,452 ✭✭✭tabby aspreme


    If you don't want to get attention from the Gardai then stop associating with people who use, sell, or supply drugs.



  • Site Banned Posts: 1,409 ✭✭✭Luna84
    Mentally Insane User


    Wow, where would we be with this great advice.



  • Registered Users, Registered Users 2 Posts: 4,452 ✭✭✭tabby aspreme


    Not on Boards, putting up multiple posts about the Gardai



  • Posts: 450 ✭✭ [Deleted User]




  • Registered Users, Registered Users 2 Posts: 699 ✭✭✭DangerMouse27


    My heart goes out to you.

    But reading this from a different angle, it seems likely that the Gardai had this house under some sort of surveillance, including its occupants and more likely anyone that had associations with the resident.

    By your post, they found something in the house so the warrant, was justified. (Not getting into the ramifications of the legalities of the search. This will be provided in the book of evidence that they will provide to the DPP and its up to a judge to decide if it, itself was legal.

    As for harassment. If your a known associate of someone inside a house where drugs were sold, then you were likely fair game.

    There's definitely a path to go down. Going OTT will mark you. And it's hard enough on your path, without irritating Gardai.

    This is definitely not a case of flinging everything at it and hoping something sticks. The book of evidence might dismantle your entire argument. Pick and choose where you might win and leave the rest of it.

    Your future health is more important than a likely fruitless search to seek redress.

    Best of luck. And keep clean.



  • Registered Users, Registered Users 2 Posts: 11 ad101b


    my main goal is getting back into recovery thank your for your message



  • Registered Users, Registered Users 2 Posts: 699 ✭✭✭DangerMouse27


    For the sake of information, was it your gf that was in the car with you at the time of the raid? That might be important.

    What exactly did they find in the house?



  • Registered Users, Registered Users 2 Posts: 11 ad101b


    I was on my own in the car it’s ongoing so the details I gave are all I can give



  • Registered Users, Registered Users 2 Posts: 699 ✭✭✭DangerMouse27


    I understand.

    Get yourself back into a rehabilitation program, find a counsellor, attend them.

    Find a nice solicitor that doesn't charge too much.

    Put loads of +'s in your column that occupy you between now and then. Might be tough but remove anyone from the circle who is dealing or using. It's more +'s if it has to come to a day in court.

    +'s are positives. Community stuff, counsellor. Genuine attempts.



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  • Registered Users, Registered Users 2 Posts: 11 ad101b


    already doing some of the things you mentioned thank you 🙏 happy Halloween



  • Site Banned Posts: 12,921 ✭✭✭✭suvigirl


    I think you have a great story to tell in court. You might muddy the waters so much that you get away with it.

    Well done you, good storytelling 😉

    Post edited by suvigirl on


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