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Apollo house mk2 - 35 Summerhill Parade?

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13

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    #62
    Commanchie
    Registered Users Posts: 548 ✭✭✭Commanchie


    https://www.williamfry.com/newsandinsights/news-article/2017/10/31/common-law-offence-of-contempt-of-court-to-be-put-on-a-statutory-footing

    Also the actual law discussed. It is a district court matter. If not, my days spent in CCJ 1-4 have been a lie.


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    #63
    ELM327
    Registered Users Posts: 21,460 ✭✭✭✭ELM327


    I don't understand why these wasters weren't forcibly removed and arrested before now to be honest.
    Another question, today is wednesday, have they no work to be doing?


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    #64
    Commanchie
    Registered Users Posts: 548 ✭✭✭Commanchie


    ELM327 wrote: »
    I don't understand why these wasters weren't forcibly removed and arrested before now to be honest.
    Another question, today is wednesday, have they no work to be doing?

    Injunction was issued this means vacate. Its then to the Police to remove if not adhered to.

    What happened last night was wrong, bringing in outsiders . Police service upholds the law.


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    #65
    ELM327
    Registered Users Posts: 21,460 ✭✭✭✭ELM327


    Commanchie wrote: »
    Injunction was issued this means vacate. Its then to the Police to remove if not adhered to.

    What happened last night was wrong, bringing in outsiders . Police service upholds the law.
    What happened was not wrong, they were trespassers.
    Stepping back a second I don't understand why the judiciary even needs to be involved, just remove them using reasonable force like any trespasser.


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    #66
    Commanchie
    Registered Users Posts: 548 ✭✭✭Commanchie


    ELM327 wrote: »
    What happened was not wrong, they were trespassers.
    Stepping back a second I don't understand why the judiciary even needs to be involved, just remove them using reasonable force like any trespasser.

    Reality was it is wrong. A police force was unable to do this alone.


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    #67
    garhjw
    Closed Accounts Posts: 1,424 ✭✭✭garhjw


    It wasn't wrong. These people were trespassing and have the audacity to complain they were assaulted when being prevented from committing an offence.


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    #68
    ELM327
    Registered Users Posts: 21,460 ✭✭✭✭ELM327


    Commanchie wrote: »
    Reality was it is wrong. A police force was unable to do this alone.
    Are you saying it was wrong to have them forcibly evicted?? :eek:


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    #69
    ELM327
    Registered Users Posts: 21,460 ✭✭✭✭ELM327


    garhjw wrote: »
    It wasn't wrong. These people were trespassing and have the audacity to complain they were assaulted when being prevented from committing an offence.
    That's the ridiculous part. Anyone "occupying" my house/property would be assaulted for sure using "reasonable force" in accordance with the determination made after the frog ward case.


    Anyone who argues these people were not in the wrong is a spacer.


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    #70
    Commanchie
    Registered Users Posts: 548 ✭✭✭Commanchie


    ELM327 wrote: »
    Are you saying it was wrong to have them forcibly evicted?? :eek:

    No read me posts or is that beyond you.

    It is WRONG T.H.A.T T.H.E P.O.L.I.C.E C.O.U.L.D N.O.T D.O T.H.I.S A.L.O.N.E

    Is that better?


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    #71
    Amirani
    Moderators, Society & Culture Moderators Posts: 12,521 Mod ✭✭✭✭Amirani


    Commanchie wrote: »
    No read me posts or is that beyond you.

    It is WRONG T.H.A.T T.H.E P.O.L.I.C.E C.O.U.L.D N.O.T D.O T.H.I.S A.L.O.N.E

    Is that better?

    Is it wrong if the homeowner did it?


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    #72
    Commanchie
    Registered Users Posts: 548 ✭✭✭Commanchie


    Amirani wrote: »
    Is it wrong if the homeowner did it?

    The home owner didnt do it. The police involved a unit that are not AGS.


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    #73
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,559 Mod ✭✭✭✭Robbo


    Commanchie wrote: »
    https://www.williamfry.com/newsandinsights/news-article/2017/10/31/common-law-offence-of-contempt-of-court-to-be-put-on-a-statutory-footing

    Also the actual law discussed. It is a district court matter. If not, my days spent in CCJ 1-4 have been a lie.
    That's a discussion of a Bill, which has not yet passed.

    You may wish to familiarise yourself with the law surrounding contempt and the latest LRC issue paper on the matter would be a useful primer. The High Court has inherent jurisdiction to order imprisonment for contempt. This has been settled law since the 1970s.


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    #74
    Commanchie
    Registered Users Posts: 548 ✭✭✭Commanchie


    Robbo wrote: »
    That's a discussion of a Bill, which has not yet passed.

    You may wish to familiarise yourself with the law surrounding contempt and the latest LRC issue paper on the matter would be a useful primer. The High Court has inherent jurisdiction to order imprisonment for contempt. This has been settled law since the 1970s.

    The high court does not Sentence on Contempt. DPP offers summary disposals on guilty pleas in the district court on all contempt charges.


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    #75
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Commanchie wrote: »
    The home owner didnt do it. The police involved a unit that are not AGS.

    The Gardai are only there to see the court order is carried out correctly. Agents of the Sherrif or Baliff does the evicting.


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    #76
    Commanchie
    Registered Users Posts: 548 ✭✭✭Commanchie


    Deleted User wrote: »
    The Gardai are only there to see the court order is carried out correctly. Agents of the Sherrif or Baliff does the evicting.

    If it is left in the hands of the Baliff they need to be identifiable.
    High court injunction needs to be presented also.


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    #77
    Amirani
    Moderators, Society & Culture Moderators Posts: 12,521 Mod ✭✭✭✭Amirani


    Commanchie wrote: »
    The home owner didnt do it. The police involved a unit that are not AGS.

    What's your source for this information?


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    #78
    Commanchie
    Registered Users Posts: 548 ✭✭✭Commanchie


    Amirani wrote: »
    What's your source for this information?

    Lets just see and If im wrong ill apologise for false and misleading information.


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    #79
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    Commanchie wrote: »
    Wrong

    http://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/sentence.html

    District court deals with contempt of court.

    Each court deals with contempt of its own orders. Sean Quinn was sentenced by the High Court for contempt.


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    #80
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    Commanchie wrote: »
    https://www.williamfry.com/newsandinsights/news-article/2017/10/31/common-law-offence-of-contempt-of-court-to-be-put-on-a-statutory-footing

    Also the actual law discussed. It is a district court matter. If not, my days spent in CCJ 1-4 have been a lie.

    That Bill has not yet been enacted. There is damn all discussion about the existing law.


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    #81
    Commanchie
    Registered Users Posts: 548 ✭✭✭Commanchie


    Claw Hammer wrote: »
    That Bill has not yet been enacted. There is damn all discussion about the existing law.

    There is plenty of discussion regarding it and has since 2015. This case will not go near the High court, as people on here keep referring to High court remand to cloverhill.


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    #82
    ELM327
    Registered Users Posts: 21,460 ✭✭✭✭ELM327


    Commanchie wrote: »
    No read me posts or is that beyond you.

    It is WRONG T.H.A.T T.H.E P.O.L.I.C.E C.O.U.L.D N.O.T D.O T.H.I.S A.L.O.N.E

    Is that better?


    Wow.


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    #83
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,559 Mod ✭✭✭✭Robbo


    Commanchie wrote: »
    The high court does not Sentence on Contempt. DPP offers summary disposals on guilty pleas in the district court on all contempt charges.
    Keegan v. De Burca [1974] 1 IR 223. Near identical fact pattern to the current case and the order made by O'Keefe P in the High Court was:
    t is ordered that said defendant be committed for the said contempt into the custody of the governor of Mountjoy Prison there to be detained by him until she purge her said contempt and is discharged pursuant to further order of the High Court and that she be taken into custody forthwith by the members of the Garda Síochána present in Court...
    Do not pass go, do not visit the District Court, do not collect €200. Upheld by the Supreme Court and good law ever since.

    If you can direct me to a reported judgment where a Superior Court is seised of a matter, makes a finding of contempt and then cedes jurisdiction to a lower Court, I'm all ears.


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    #84
    SortingYouOut
    Registered Users Posts: 1,374 ✭✭✭SortingYouOut


    I think it's ridiculous that our own police force stood by while plain clothed men in ski masks did their job for them.

    Beverly Hills, California



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    #85
    GGTrek
    Registered Users Posts: 834 ✭✭✭GGTrek


    4ensic15 wrote: »
    GGTrek wrote: »
    They have finally been arrested (I must say I am glad, because these people started to think they could harass as they pleased in Central Dublin and they had started knocking a lot of doors of residential properties in Central Dublin to cause trouble, they are marxist to the core):
    http://www.thejournal.ie/fredrick-street-occupation-activists-evicted-4230857-Sep2018/

    The were treated with kid gloves. Why were they able to gather outside the building and chant, disrupt traffic and chant outside Store St, Garda Station? Only one in hospital?
    Minimum force was used to achieve the goal of recovering possession and avoiding creating the usual hard left martyrs. Look at the sold out media reports on the event, the journalists reporting are so one sided to be disgusting:
    http://www.thejournal.ie/overreaction-to-a-peaceful-occupation-actions-of-gardai-and-security-firm-condemned-4231211-Sep2018/
    They even closed the comment section for FS, because the journalists knew they would be insulted heavily for such shameful reporting. Please check the names and surnames of the journalists so that you learn who are the clowns in the Journal writing such garbage.


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    #86
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    Commanchie wrote: »
    There is plenty of discussion regarding it and has since 2015. This case will not go near the High court, as people on here keep referring to High court remand to cloverhill.

    The case is already in the High Court. It is the High Court which made the orders.


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    #87
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    SortingYouOut wrote: »
    I think it's ridiculous that our own police force stood by while plain clothed men in ski masks did their job for them.

    The Baliffs/Sherrifs med were doing their own job. The Gardai were making sure that the court order was carried out safely and fully.


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    #88
    Eric Cartman
    Registered Users Posts: 26,283 ✭✭✭✭Eric Cartman


    Great to see enforcement on these trespassers. Too much property damage and risk for the owner to have to deal with. Gardai acted professionally and hopefully a lot more of these squatters will be removed forcefully.


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    #89
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    They are announcing what they are doing. There clearly committing the offence of criminal trespass under the Public Order Act. They should be arrested on the spot. Why does there have to be a High Court application at the owners expense? If I stole the knob off the front door and be liable to a sentence of up to 5 years in jail.


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    #90
    ELM327
    Registered Users Posts: 21,460 ✭✭✭✭ELM327


    Eric Cartman wrote: »
    Great to see enforcement on these trespassers. Too much property damage and risk for the owner to have to deal with. Gardai acted professionally and hopefully a lot more of these squatters will be removed forcefully.
    Not done quickly enough.


    George Wallace said it in '68, and it's as true then as it is now.
    They need to get a damn job.




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    #91
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,475 Mod ✭✭✭✭johnnyskeleton


    Claw Hammer wrote: »
    They are announcing what they are doing. There clearly committing the offence of criminal trespass under the Public Order Act. They should be arrested on the spot. Why does there have to be a High Court application at the owners expense? If I stole the knob off the front door and be liable to a sentence of up to 5 years in jail.

    I'm not so sure that they are committing trespass under the public order act, which requires an element of causing fear. Probably gives enough wiggle room for an unoccupied house.

    But there is the prohibition on the forcible entry and occupation of dwellings legislation:

    http://www.irishstatutebook.ie/eli/1971/act/25/enacted/en/html

    The problem is that the Gardai don't really want to get involved, and seem to have only been involved here because there was a high anticipation that they would be needed to keep the peace.


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