Can a child sex abuser be questioned by guards in a nursing home?

needtoknow123 · 14-02-2019 2:51pm #1

Hi
Just looking for some idea and have gone anon for this as I am a regular user. There is a member of family who has been abusing some of his grandkids and has admitted it to other members of the family after some of the kids came forward, (let me add they are still kids so it is not historic although he has abused grandkids in the past who are now adults). This has been quite traumatic and he has been reported to the guards, however, the guards seem very slow with their investigation and still almost a year on from him having reported him, they have still not questioned him. Frustratingly, he is getting frailer by the day and has now gone into a nursing home. This makes me sick because I keep thinking what if he dies before the guards get around to questioning him etc etc. I also wanted to know, would they question him in the nursing home? Is that something that they would do or would they take into consideration his deteriorating condition?

Mr. Incognito · 14-02-2019 3:53pm

They would need a warrant from a district Court judge.

If he has medical issues and is that frail its very unlikely to see a trial

Fakediamond · 14-02-2019 9:06pm

You can ask the Gardai about how the investigation is progressing. Why don’t you ask to meet with the sergeant in charge of the unit who took the complaint?

I’m not sure why a warrant would be required? It wouldn’t be needed to question an individual, only for searches of property afaik.

Mr. Incognito · 15-02-2019 11:18am

Fakediamond wrote: »

You can ask the Gardai about how the investigation is progressing. Why don’t you ask to meet with the sergeant in charge of the unit who took the complaint?

I’m not sure why a warrant would be required? It wouldn’t be needed to question an individual, only for searches of property afaik.

The nursing home is now his constitutionally protected dwelling.

The cannot enter to question him without a warrant.

TheBoyConor · 15-02-2019 12:05pm

Could they catch him and bring him in if he was outside of the confines of the nursing home for whatever reason if it is him being in the home is the requirement for the warrant?

Could it be organised for him to be brought on an "outing" from the home with a willing family member and then once outside the gates of the home, simply bring him to a pre-arranged meeting with the Gardai where they can interrogate him?

splinter65 · 15-02-2019 12:14pm

TheBoyConor wrote: »

Could they catch him and bring him in if he was outside of the confines of the nursing home for whatever reason if it is him being in the home is the requirement for the warrant?

Could it be organised for him to be brought on an "outing" from the home with a willing family member and then once outside the gates of the home, simply bring him to a pre-arranged meeting with the Gardai where they can interrogate him?

No. Just no.

TheBoyConor · 15-02-2019 12:35pm

No?
He has admitted to multiple incidents of child sex abuse. Lives irreversibly changed for ever.

I'd have no qualms about dobbing him in and letting him face the consequences of his actions. At the moment he is hiding behind his age and the fact that he is in a nursing home.

Xterminator · 15-02-2019 12:45pm

The question isnt is there any evidence against him, but is he legally competent and is it in the public interest to change this man and bring him through the courts if he has diminished capacity due to health, or his life expectancy is short, or for health reasons couldn't stand trial.

OP has suggested this could be the case in the 1st post. Even child abusers are entitled to due process and the law is meant to be applied coldly. Even child abusers are considered innocent until proven guilty in the eyes of the law. It may not be the answer OP wants to hear, but the health of the grandparent does have ramifications.

At the very least you can ask the guards to keep you appraised of the situation and they can help with support agencies. http://www.citizensinformation.ie/en/justice/victims_of_crime/victims_and_the_garda_siochana.html

if you read here you will see what the victims of crime can expect and the contact details of Garda Síochána Victim Liaison Officer.

TheBoyConor · 15-02-2019 12:56pm

I think he still should be questioned. At least that is some kind of attempt at justice rather than just turning a blind eye to it all.

He would have to be medically assessed to see is he fit to stand trial. Why can't this be done?

He has already admitted his guilt, so a trial should be a relatively quick affair.

A child abuser is the lowest form of criminal.

wiggle16 · 15-02-2019 1:08pm

TheBoyConor wrote: »

Could they catch him and bring him in if he was outside of the confines of the nursing home for whatever reason if it is him being in the home is the requirement for the warrant?

Could it be organised for him to be brought on an "outing" from the home with a willing family member and then once outside the gates of the home, simply bring him to a pre-arranged meeting with the Gardai where they can interrogate him?

I appreciate what you are saying but that's not the situation. You're pitting the cart before the horse.

This isn't like Julian Assange in the embassy, where if he sets foot outside then he will be arrested instantly. There's been an allegation made based upon grandchildren's making others aware of it and his own admission. That doesn't automatically entail an arrest. It's not a question of the Gardaí getting access to him.

In a situation like this, the Gardaí will make their enquiries and decide if and which charges will be brought. They can't arrest someone if they haven't decided what to charge him with. But they have to question him first.

It's possible they're reluctant to question him, since if there's an admission they're going to have to arrest and press charges - and it may all be for nothing as the DPP may decline to prosecute the case based upon age and infirmity.

In answer to the OP's question, as others have said, yes they can question him with a warrant to enter the NH for that purpose, but they may be reluctant to do so because of the circumstances.

Edited to add: TheBoyConor, the issue isn't whether or not he should be questioned, the OP is asking can they and if they can, what the hold up is.

meathstevie · 20-02-2019 12:53pm

wiggle16 wrote: »

I appreciate what you are saying but that's not the situation. You're pitting the cart before the horse.

This isn't like Julian Assange in the embassy, where if he sets foot outside then he will be arrested instantly. There's been an allegation made based upon grandchildren's making others aware of it and his own admission. That doesn't automatically entail an arrest. It's not a question of the Gardaí getting access to him.

In a situation like this, the Gardaí will make their enquiries and decide if and which charges will be brought. They can't arrest someone if they haven't decided what to charge him with. But they have to question him first.

It's possible they're reluctant to question him, since if there's an admission they're going to have to arrest and press charges - and it may all be for nothing as the DPP may decline to prosecute the case based upon age and infirmity.

In answer to the OP's question, as others have said, yes they can question him with a warrant to enter the NH for that purpose, but they may be reluctant to do so because of the circumstances.

Edited to add: TheBoyConor, the issue isn't whether or not he should be questioned, the OP is asking can they and if they can, what the hold up is.

Gardai can most definitely arrest someone without having made up their mind on wether to charge or not and with what offence exactly. I would dare argue that a decision to charge will often depend on the outcome of the suspect interview.

In this case there might not even be a need to arrest the suspect if he can be convinced to attend for interview voluntarily.

Have formal complaints as in signed statements been made ?

22-02-2019 9:22am

If he’s admitted it, he’s a self confessed paedophile.

Shame he’s so frail.

If was my grandfather I’d be inclined to just let it be.... what good will the legal system be where justice is concerned.

I’d visit him.

Bring him another pillow while he’s sleeping.

Neyite · 22-02-2019 1:06pm

JayZeus wrote: »

If he’s admitted it, he’s a self confessed paedophile.

Shame he’s so frail.

If was my grandfather I’d be inclined to just let it be.... what good will the legal system be where justice is concerned.

I’d visit him.

Bring him another pillow while he’s sleeping.

Mod:

Breach of charter - you are not allowed to allude or suggest illegal activity.

banoffe2 · 23-02-2019 11:48am

Hi OP
Have you put anything in writing to the Gardai, wishing you the best of luck and hope the abuser will face the consequences while he is still breathing, this needs to be done ASAP to help the victims he abused, keep working on it

joeguevara · 24-02-2019 1:04am

meathstevie wrote: »

Gardai can most definitely arrest someone without having made up their mind on wether to charge or not and with what offence exactly. I would dare argue that a decision to charge will often depend on the outcome of the suspect interview.

In this case there might not even be a need to arrest the suspect if he can be convinced to attend for interview voluntarily.

Have formal complaints as in signed statements been made ?

A Garda can’t arrest someone for the purpose of evidence gathering. You have to be told of the charge at the time of arrest. When brought to the station the charge must be put into the charge sheet. It is false information to suggest a Garda can arrest someone without having their mind made up whether to charge or not. That’s called false imprisonment and a great pay day for the arrested

Can a child sex abuser be questioned by guards in a nursing home?

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