Missing 8yr Old Kyran Durnin - presumed dead *READ Mod Note Added to OP*

Any law that allows the mother and extended family of a missing child walk free without answering any questions needs to be changed. It's a joke.

The Gardai dont have only one shot at sending a file to the DPP. Multiple files can be sent over time.

In the normal back and forth between Gardai and the DPP, a file nay be sent, and then the DPP may advise the Gardai on the evidential deficits. Gardai may investigate more and send further evidence to address the deficit. Its not a one shot scenario - there"s a lot of dialogue between the two on many files.

That's my fear.

Of course it applies. The same set of facts/circumstances can't be used to prosecute a person twice. For example if you rush to prosecute someone for assault and after the conviction the assaulted person dies you can't prosecute again for murder/manslaughter afterwards. If further evident arises here and they've brought a lesser charge of neglect (ie not knowing where the child is) that has been prosecuted they can't prosecute again on the same event.

Ireland absolutely does apply the principle of ne bis in idem! It's enshrined in the Charter of Fundamental Human Rights of the EU too so I'm not sure how you think we could simply start prosecuting people multiple times arising from the same acts rather than waiting for all of the evidence and then seeking to prosecute! There are very strict exceptions in the Criminal Procedure Act 2010 but the correct course of action is to wait for the full evident to bring the appropriate charges and not prosecute a lesser offence in the hopes of being permitted to prosecute a second time. It's very, very difficult to frame an exception when you knew in advance that you were short of evidence for a more serious charge related to the same event.

Have you given the Gardaí and the DPP the benefit of this advice?

Where does it say they were previously prosecuted for lesser offences?

When people talk about the same incident, they mean e.g. the following:

If a person is put on trial in the Central Criminal Court for killing someone, they cannot be tried again for the same killing (once appeals etc exhausted). If the jury verdict is e.g. manslaughter, everyone has to accept it - they cannot go back and have a trial for e.g. murder.

But someone CAN be put on trial twice for different charges relating to a sequence of linked events. For example, in the bank robber example I gave, some can be put on trial in the District Court for speeding AND be put on trial at a later date in the Circuit Court for armed robbery at a later date if evidence emerged they were involved.

As for files being sent to the DPP - Gardai can send an unlimited number in respect of the same alleged crime. Its not a "one chance" scenario.

In fairness to AGS, they are fighting an uphill battle here. They are heavily reliant on Tusla, who are the most inept public body in the country. We already know Tusla dropped the ball on this one, so its doubtful that Tusla has the complete paper trail of notes, assessments and reports required to build a case.

Best not charge them with anything and let them live happy as Larry thank god they have their freedom!

Yeah they've been outstanding.

"When I have them locked up".....yeah thats not happening.