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Ana Kriegel - Boys A & B found guilty [Mod: Do NOT post identifying information]

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Comments

  • Site Banned Posts: 5,279 ✭✭✭political analyst


    Is a juvenile who is convicted of an indictable offence still entitled to anonymity when he or she turns 18?


  • Registered Users, Registered Users 2 Posts: 16,599 ✭✭✭✭8-10


    Road-Hog wrote: »
    What was the basis for publishing the names and pictures of Jamie Bulgers killers.....? I’m old enough to remember the case vividly but don’t recall the legal arguments put forward for revealing their names and faces to the world....!

    It was a decision by the judge after the trial. During it they were known as Child A and Child B

    After they were convicted the judge said "I did this because the public interest overrode the interest of the defendants. There was a need for an informed public debate on crimes committed by young children."

    Many have criticised his decision and it's not typically done in the UK these days either.

    Both Venables and Thompson later got 5-figure payouts from the European Court of Human Rights after determining that they didn't get a fair trial and because there was a push to increase their sentence


  • Registered Users, Registered Users 2 Posts: 18,992 ✭✭✭✭gozunda


    tuxy wrote: »
    Section 252 (1) of the Children Act, 2001

    http://www.irishstatutebook.ie/eli/2001/act/24/section/252/enacted/en/html

    I'm not sure if that replaced an older law if it didn't then it would have been legal to name children involved in a legal case before 2001.

    Aaron Campbell who is a 16 year old who murdered a 6 year old in the UK last year was named but only after the judge made a decision that it was in the publics best interest.
    Does anyone know if the judge in a case here in Ireland could make that decision?
    It seams like a judge can but only if it's in the best interest of the child so would not apply to this case.

    How was it in the best interest of the child in that case do you know?


  • Closed Accounts Posts: 14,980 ✭✭✭✭tuxy


    gozunda wrote: »
    How was it in the best interest of the child in that case do you know?

    Sorry I think I worded that post in a way that was confusing.
    In the case in the UK the guilty child was named as it was deemed in the best interest of the public.

    In Ireland a child can be named if it's in the best interest of the child but I see nothing that would allow naming the child if it was in the best interest of the public.


  • Registered Users, Registered Users 2 Posts: 11,211 ✭✭✭✭Suckit


    gozunda wrote: »
    How was it in the best interest of the child in that case do you know?


    Aaron Campbell had attempted to blame another person who was 18, and by doing so the 18 year old's name was printed all over media.

    A lot of media organisations then made an application to the Judge stating that naming him (Aaron Campbell) would be in the publics interest.
    They argued that it was unfair that somebody who could remain safe in the knowledge of remaining anonymous, could cause so much damage to the character of another that didn't have the same protection of anonymity.

    In Scotland (where it happened) it is illegal to name anyone under 18 who is involved in the case.


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  • Closed Accounts Posts: 14,980 ✭✭✭✭tuxy


    Suckit wrote: »
    Aaron Campbell had attempted to blame another boy who was 18, and by doing so the 18 year old's name was printed all over media.

    A lot of media organisations then made an application to the Judge stating that naming him (Aaron Campbell) would be in the publics interest.
    They argued that it was unfair that somebody who could remain safe in the knowledge of remaining anonymous, could cause so much damage to the character of another that didn't have the same protection of anonymity.

    In Scotland (where it happened) it is illegal to name anyone under 18 who is involved in the case.


    Ah, I hadn't understood this bit before but the same can be done here. So it would seem the law is very similar in both countries.

    http://www.irishstatutebook.ie/eli/2001/act/24/section/252/enacted/en/html
    (3) Where the court dispenses with the requirements of subsection (1), the court shall explain in open court why it is satisfied it should do so.


  • Registered Users, Registered Users 2 Posts: 5,935 ✭✭✭abff


    tuxy wrote: »
    Ah, I hadn't understood this bit before but the same can be done here. So it would seem the law is very similar in both countries.

    http://www.irishstatutebook.ie/eli/2001/act/24/section/252/enacted/en/html

    Not really. If I'm reading that correctly, subsection (2) states that it can only be done if it's in the interests of the child.


  • Closed Accounts Posts: 2,398 ✭✭✭Franz Von Peppercorn II


    The anonymity is for their families protection in the immediate. Not theirs.

    Mob mentality is a real thing and according to several in fact many posters here, everyone in the area and surrounds knows the boys names and families and where they live.

    It doesn’t take a mob. It just takes one deranged idiot to attack them on the street or in their homes.

    We can’t let that happen.

    I’m all for publishing their names once they’re released. They’ll probably be given new identities and moved out of the state anyways and people for the most part won’t remember the case. But let’s see.

    Right now though the families protection and anonymity is paramount.

    None of this is true. If it were then no adult murderer would ever be named as it might effect the families. It’s clear that the law is to protect the child not the family.


  • Closed Accounts Posts: 2,398 ✭✭✭Franz Von Peppercorn II


    tuxy wrote: »
    Ah, I hadn't understood this bit before but the same can be done here. So it would seem the law is very similar in both countries.

    http://www.irishstatutebook.ie/eli/2001/act/24/section/252/enacted/en/html

    Pretty impressive voiceover on that website.


  • Registered Users, Registered Users 2 Posts: 18,992 ✭✭✭✭gozunda


    None of this is true. If it were then no adult murderer would ever be named as it might effect the families. It’s clear that the law is to protect the child not the family.

    ^^ This. At the end of the trial I was somewhat ambiguous about the issue of the guilty parties being named in the interest of the public good at some future point.

    Havng read the evidence and testimony I admit that my ideas on this issue has changed somewhat. Not only because the nature of the crime but the refusal of the the guilty parties to admit to their parts in the murder.

    The unrepentant savagery of the attack and killing and the apparent use of excessive and brutal force (what is referred to as over-kill ) marks these individuals as cruel and sadistic murderers. The fact that both are so young makes this in some ways an even more depraved and remarkable crime

    Whilst both are in prison or detention - I see no practical reason that their names be released, however once either boy qualifies for release of any kind - then the greater good should dictate that in the interests of public safety that these two boys names should be made public. And of that I am in no doubt

    I accept that the parents may face opprobrium when and if this happens - but that will be no more than any other murderers family does in similar circumstances tbh.


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  • Registered Users, Registered Users 2 Posts: 16,409 ✭✭✭✭iamwhoiam


    Graham Dwyer , Mark Hennesy , Joe O Reilly , are all brutal killers and I dont recall their families ever having any issues or problems from vigilanties .


  • Registered Users, Registered Users 2 Posts: 6,808 ✭✭✭knucklehead6


    iamwhoiam wrote: »
    Graham Dwyer , Mark Hennesy , Joe O Reilly , are all brutal killers and I dont recall their families ever having any issues or problems from vigilanties .

    In those cases there was overwhelming sympathy for their families, probably because they were grown adults. No one could try to blame their parents for mistakes they made while bringing them up

    In this case people ARE trying to blame the parents, saying they are equally culpable.


  • Registered Users, Registered Users 2 Posts: 5,935 ✭✭✭abff


    iamwhoiam wrote: »
    Graham Dwyer , Mark Hennesy , Joe O Reilly , are all brutal killers and I dont recall their families ever having any issues or problems from vigilanties .

    Not really comparable. When children do terrible things, people often assume that it was at least partly due to bad parenting. Whether this is true or not (and it probably is in some, but not all, cases), the fact that some people may jump to this conclusion puts their family at risk of reprisals.

    Of course, in this case, it seems highly unlikely that there are too many people living locally (or who had a child in the school that Ana attended) who don't know the identity of the two boys.


  • Registered Users, Registered Users 2 Posts: 16,409 ✭✭✭✭iamwhoiam


    abff wrote: »
    Not really comparable. When children do terrible things, people often assume that it was at least partly due to bad parenting. Whether this is true or not (and it probably is in some, but not all, cases), the fact that some people may jump to this conclusion puts their family at risk of reprisals.

    Of course, in this case, it seems highly unlikely that there are too many people living locally (or who had a child in the school that Ana attended) who don't know the identity of the two boys.

    Is this proven to be be the case ? Has it happened in other cases ? Have there been attacks on families of child killers .I am not disputing it , I am just wondering .


  • Moderators, Society & Culture Moderators, Paid Member Posts: 7,692 Mod ✭✭✭✭Hannibal_Smith


    I don't care who they are... I may have done initially and when they come out of prison I may like to know then, but it just makes everything about them. I want to know what happened for sure, but as to who they are, I don't really want to overly focus on them


  • Registered Users, Registered Users 2 Posts: 1,412 ✭✭✭Road-Hog


    Is there enough evidence out there to give the general public the belief that the prison system rehabilitates the criminal ie ‘deprivation of liberty and couciling and therapy are sufficient..? Based on the rates of Re-offending that get reported the general consensus would be that it doesn’t.

    The closest example we have to this case would be the Jamie Bulger one. Here one of the boys seems to have been ‘cured’ by his detention and ‘treatment’ and this surprisingly was the boy that was deemed to be the leader and cruelest of the two. The other guy venables has twice breached the terms of his realese and spent two additional periods in jail for possession of vile images.....he would be the equivalent of ‘animal B’ in this case.

    The likehood is that in 12/15 years time this two inhuman animals will be assessed by the parole board and associated experts and deemed suitable for release and given new identities etc......probably accompanied by strict conditions that if breached will result in them being back in prison immediately.


  • Posts: 32,956 ✭✭✭✭ [Deleted User]


    Road-Hog wrote: »
    Is there enough evidence out there to give the general public the belief that the prison system rehabilitates the criminal ie ‘deprivation of liberty and counselling and therapy are sufficient..? Based on the rates of Re-offending that get reported the general consensus would be that it doesn’t.

    I think 1 in 3 re-offends. I work within the Prison Service and it's like a revolving door. You see the same faces in and out all the time. It's a habitual thing. They're not required to rehabilitate. The ones that do take up courses like Alternative To Violence are doing it off their own bat mostly. A lot of the time, they're only doing them to get the certificates, not because it'll fix them. A vast swathe of offenders are in there walking around exercise yards doing nothing but talking to other inmates about jobs and scams they've pulled. Ironically, they network with them and probably hook up together to do more crimes when they're out, essentially broadening their criminal horizons and coming out worse.
    Road-Hog wrote: »
    The closest example we have to this case would be the Jamie Bulger one.

    Not a shot at you but the poor child's names was James. His family never called him 'Jamie'. His mother Denise has said many times over the years how hurt she was that the media selected this name for him, a name he was never known by. He deserves to be known by the name his family gave him.


  • Registered Users, Registered Users 2 Posts: 1,412 ✭✭✭Road-Hog


    Omackeral wrote: »
    I think 1 in 3 re-offends. I work within the Prison Service and it's like a revolving door. You see the same faces in and out all the time. It's a habitual thing. They're not required to rehabilitate. The ones that do take up courses like Alternative To Violence are doing it off their own bat mostly. A lot of the time, they're only doing them to get the certificates, not because it'll fix them. A vast swathe of offenders are in there walking around exercise yards doing nothing but talking to other inmates about jobs and scams they've pulled. Ironically, they network with them and probably hook up together to do more crimes when they're out, essentially broadening their criminal horizons and coming out worse.



    Not a shot at you but the poor child's names was James. His family never called him 'Jamie'. His mother Denise has said many times over the years how hurt she was that the media selected this name for him, a name he was never known by. He deserves to be known by the name his family gave him.

    Similar to ‘maddie’ being used by the media for Madelyn McCann.....?


  • Posts: 32,956 ✭✭✭✭ [Deleted User]


    Road-Hog wrote: »
    Similar to ‘maddie’ being used by the media for Madelyn McCann.....?

    Quite possibly, Maybe to make them sound "cuter" or something. I read Denise Fergus' harrowing book (James' mother) and she mentioned in it how it felt like they were almost talking about someone else. It's a completely different name to the one she gave her son.


  • Registered Users, Registered Users 2 Posts: 16,409 ✭✭✭✭iamwhoiam


    Road-Hog wrote: »
    Similar to ‘maddie’ being used by the media for Madelyn McCann.....?

    Madeleine Mc Cann was her name . Apparently her parents never used Maddie .


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  • Registered Users, Registered Users 2 Posts: 25,946 ✭✭✭✭Neyite


    The tabloids do that. They often create a nickname for child victims. I think it's incredibly disrespectful.


  • Registered Users, Registered Users 2 Posts: 1,412 ✭✭✭Road-Hog


    iamwhoiam wrote: »
    Madeleine Mc Cann was her name . Apparently her parents never used Maddie .

    Oops. I see I spelt her name incorrectly


  • Registered Users, Registered Users 2 Posts: 11,211 ✭✭✭✭Suckit


    https://www.thejournal.ie/ana-kriegel-contempt-of-court-4710081-Jul2019/
    A JUDGE WILL decide on Monday whether a newspaper editor is responsible for a front page story during the Ana Kriegel murder trial that led to his newspaper being barred from reporting the court proceedings.

    Associated News (Ireland) Ltd, owners of the Daily Mail newspaper, accepted its responsibility and pleaded guilty to contempt of court.

    The contempt issue arose following the publication of a headline on the front page of the Daily Mail on 3 May, during the first week of the trial.

    The headline read:
    “CCTV shows Ana being led to her death”
    , between quotation marks.

    At the time the trial judge, Mr Justice Paul McDermott, said:

    “Such headlines are calculated to incite public outrage against the accused.”

    He said such coverage was not appropriate in a criminal trial and instructed the DPP to initiate contempt proceedings.

    https://www.pressreader.com/ireland/irish-daily-mail/20190503


  • Registered Users, Registered Users 2 Posts: 536 ✭✭✭mrjoneill


    gozunda wrote: »
    ^^ This. At the end of the trial I was somewhat ambiguous about the issue of the guilty parties being named in the interest of the public good at some future point.

    Havng read the evidence and testimony I admit that my ideas on this issue has changed somewhat. Not only because the nature of the crime but the refusal of the the guilty parties to admit to their parts in the murder.

    The unrepentant savagery of the attack and killing and the apparent use of excessive and brutal force (what is referred to as over-kill ) marks these individuals as cruel and sadistic murderers. The fact that both are so young makes this in some ways an even more depraved and remarkable crime

    Whilst both are in prison or detention - I see no practical reason that their names be released, however once either boy qualifies for release of any kind - then the greater good should dictate that in the interests of public safety that these two boys names should be made public. And of that I am in no doubt

    I accept that the parents may face opprobrium when and if this happens - but that will be no more than any other murderers family does in similar circumstances tbh.


    And in one sense the cunning of it, to lead an naive girl through the fields I presume so they would not be recognized to a nearby village to put the focus of investigations on that village. The barbarity of the act is something I cant get my head around for two 13 to do. The beat Anna to a pulp for their own gratification, one obv a violent sexual deviant and the other a voyeuristic smart-ass sadist. I just cant see how rehabilitation comes into the equation. I'm sure there was extended planning went into it prior. And the degree of denial for me indicates the level they will go to deny the wrong doing. From what I see of it Boy A, he thinks he has a right to attack to sexually abuse as of right. Yet these are on 13 has me wondering to their criminal abilities when wised-up to better avoiding detection. Anyone who did these deeds are totally warped. As for Boy B he did his best to demean & make little of a kid he led to her death. He had not one scintilla of empathy or compassion. All both of these did during the trial was show their fear for the unknown they brought themselves into.


  • Registered Users, Registered Users 2 Posts: 536 ✭✭✭mrjoneill




  • Registered Users, Registered Users 2 Posts: 11,211 ✭✭✭✭Suckit


    mrjoneill wrote: »
    Don't know what the fuss was & still is about.

    At the time the trial was still ongoing against the two boys. It could have had all sorts of effects on the case.
    At that stage there was no proof as such, that was when she was being lured to her death.


  • Closed Accounts Posts: 14,980 ✭✭✭✭tuxy


    Exactly, such careless reporting can collapse a case like this.
    There would be massive outrage if that had happened and rightfully so.
    The paper knows exactly what it did wrong and has admitted guilt.


  • Closed Accounts Posts: 2,398 ✭✭✭Franz Von Peppercorn II


    She was being led to her death.

    I personally think the Irish judiciary have too much power over this kind of thing, it’s like they’re mini little dictators.


  • Registered Users, Registered Users 2 Posts: 536 ✭✭✭mrjoneill


    tuxy wrote: »
    Exactly, such careless reporting can collapse a case like this.
    There would be massive outrage if that had happened and rightfully so.
    The paper knows exactly what it did wrong and has admitted guilt.
    I presume the headlines was of what was stated in court as evidence. I don't see what is salacious or misleading in the reporting as that is precisely what Boy B did.


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  • Closed Accounts Posts: 14,980 ✭✭✭✭tuxy


    mrjoneill wrote: »
    I presume the headlines was of what was stated in court as evidence. I don't see what is salacious or misleading in the reporting as that is precisely what Boy B did.

    Yes we know that now as there has been a ruling made on the case.
    It wasn't a show trial it was legitimate where the accused are innocent until proven guilty.


This discussion has been closed.
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