Terrible loss of life,but to me clearly self defense.
I'm very relieved for the accused.
Well I don't really know, I wasn't in the court and neither were you or anyone else on this thread. My point is that there is often pressure placed on the DPP to act.
Not that easy, as a non white person
But anyone could do this if its that easy
It's not a weird tangent. The poster said someone was killed ergo a trial is needed, I was using that case to point out just as someone was killed doesn't mean the DPP is obliged to go to trial. Obviously not saying the cases themselves were the same.
Funnily enough, your burden of proof and the French justices systems seem to differ.
''But the man needed to face the court.''
This is really questionable. We have precedence here in the Nally case.
https://www.google.com/url?sa=t&source=web&rct=j&url=https://en.m.wikipedia.org/wiki/Death_of_John_Ward%23:~:text%3DOn%252014%2520October%25202004%252C%2520P%25C3%25A1draig,six%2520years%27%2520imprisonment%2520for%2520manslaughter.&ved=2ahUKEwj2nJf8tK_4AhVUiVwKHYjGAhUQFnoECAYQBQ&usg=AOvVaw1JbVAWAwxQPOTOWcRj16Ss
And the case where as man went in hot pursuit after attempted car break in with as golf club making a enforced citizen arrest where he was charged with assault by the DPP afterwards. The case failed as d he was found not guilty. I cannot find the exact details on a Google search. The robber even tried to sue afterwards
As there is legal precedence that you can use force in in self defence and in defence of your property and in hot pursuit it is a legitimate question as to whether the case should have gone to court.
An interesting aside is the fact that in there was lobbying by pressure groups that such contentious trials should only be heard in Dublin as country folk were not competent to rule on such cases. IMO Judge Carney's ruling in Castlebar was deeply flawed and I taught so at the time as well
Easy as piss to abscond into the North and into Britain without travel documentation. And good luck finding him from there.
Many before him have done it.
Thought that was Argentina?
As I understand it, there was no dispute that he caused the death of a person
Yes. In this state it is not always a criminal offence to take the life of another.
I know what there were charged with.
More than one was charged.
Good luck getting a Brazilian citizen out of Brazil.
It wasn't a destination of choice for war criminals after WW2 for nothing.
Who has gone back to Brazil that cannot be charged?
without a passport it would be hard to actually flee though right?
The state has extradited people that have actually fled and they have been brought back and received bail.
Of course the judge had a choice. He chose to deny it, the grounds of which may be challenged in a compensation claim.
I do take your point though, but at the point the flights were booked he wasn't charged.
I'd speculate that if this was a drunken fight between 2 gangs, he would probably have been looking at manslaughter charge and received bail.
I'd also speculate if the gang had broken into an office and an office worker had done something similar they wouldn't even have been charged.
It was the same week that a woman leaving work had her throat slit by a 15 years old in the same area.
But an "essential worker" attacked by a violent mob which was actually caught on camera was charged with murder and denied bail.
Doesn't make sense to be to be honest and there is certainly questions of the DPP here.
At the very least it's not fair.
That said the DPP and High Court judges know a fúck load more than me and my unqualified opinion.
That's not what I said.
The judge was doing his job correctly. He was objectively at high risk of absconding given he moved immediately to book flights to a non-extraditing country.
I don't know how anyone could see this any other way. The judge was mitigating a real risk in denying him bail.
I say this as someone who earlier on the thread acknowledged I would likely have the same conclusion as the jury. But the man needed to face the court.
As I understand it, there was no dispute that he caused the death of a person.
He has lost 18 months and is now, thankfully, a free man. He could have lost much more than that. These were serious charges.
And do you know what the outcome was ? That was a serious assault breaking a guys nose and some teeth .
Can you be more specific?
If they've been charged then great, this story just keeps getting better.
Eh what?
So no-one should ever get bail because that's possible? Cool.
Yes ,they were charged.
He went back to Brazil. It's often hard enough to get the Gardai to do anything with CCTV and being willing to give a statement and testify, I doubt they'll be bothering their holes based on just the CCTV for someone not in the country any more.
Precisely because he could conceivably abscond via the North or indeed to Britain.
Why not have him surrender his passport? They do it all the time. Know a few had a good laugh about it since they were off to England on the ferry anyway.
Can anyone state if the other scumbags who broke the other guys nose and teeth were ever charged or could the guards not do anything for him ? .
he is a lucky boy there was CCTV
Judge's discretion upon application.
If there is a confluence of factors that the judge feels the person is a flight risk or a further danger to public order or safety he/she will almost certainly deny bail.
The former can certainly be said in this case.
Decision to deny bail indeed isn't taken lightly.
But come in from the fog. The judge had very little choice given he was in the process of fleeing. Let's be real about this.
He likely wouldn't have found himself on remand if he didn't make moves to scarper.
He only has himself to blame on that front I'm afraid.
As far as I’m aware, you don’t get bail for a murder charge.
Why wouldn't you leave, since you get held in prison despite not committing a crime for 500 days... hopefully he rinses the state for a good few million
The barrister was initially denied bail on the grounds I outlined above. I noted in my post that I was aware he challenged that and hadn't followed it since
So like I said he had the finance and expertise to challenge it.
Citing exactly what I stated, how the presumption of innocence is paramount and ones liberty can't be taking lightly.
That's him, who I won't comment on the details of what we know and an actual pregnant woman who brutally murdered an infant given bail, but a lad attacked by a large group of people whilst working had his liberty removed for nearly 18 months.
Hardly fair is it?
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