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Kitty Holland

1356

Comments

  • Registered Users, Registered Users 2 Posts: 24,922 ✭✭✭✭One eyed Jack


    You’ll be waiting (there is no ‘we’), as neither the BBC nor Ms. Holland see themselves as having done anything to apologise for. The case generated significant public interest and it was appropriate for it to be discussed on the show. Kitty Holland was giving her opinion as a journalist -

    In a statement read to the court in Dublin on Thursday, the BBC said it stood by the journalism involved in the episode in question, which it said "debated serious issues of public interest", and acknowledged Mr Casey's personal tragedy.

    "The BBC is however happy to clarify that it does not consider Ryan Casey to be a criminal or a racist, or someone guilty of or attempting to incite hatred, or someone seeking to pose as a hero of the far right through his victim impact statement," the statement continued.

    "This statement clarifies any unintentional inferences that could have been drawn from the broadcast and has enabled the BBC and Ryan Casey to resolve this matter amicably."

    https://www.bbc.com/news/articles/c5yg0ee65eqo.amp

    Both parties consider the matter resolved.



  • Registered Users, Registered Users 2 Posts: 890 ✭✭✭EIREHotspur


    The we those who support Ryan Casey….

    No matter what kind of verbal wordplay you wish to attach and drag out this thread on, facts are facts.

    If I said "in my opinion you sound like a windbag"….that is giving my opinion whereas if I said it as a statement of fact and you brought a court case which I then settled out of court….

    The middle part is what is important as was the money handed over.

    That makes any of your talking points irrelevant.

    So that makes this thread closed.



  • Registered Users, Registered Users 2 Posts: 990 ✭✭✭InAtFullBack


    …his actions cannot be implied to be representative of immigrants on welfare…

    The problem is, and it falls squarely at the Irish Government's feet is that if you are an EU citizen here and cannot support yourself after 90 days, the State has every right to deport you via Removal Order. Yet another example of how our system is not functioning and failing to strictly implement the law as it is written.

    Had the Irish Authorities, instead of buckling to pressure from NGOs and the Media and actually done their feckin' jobs and hounded out the Puskas - they would have not have gotten a house in Mucklagh outside of Tullamore and subsequently give rise to Josef Puska committing this heinous crime.

    Whoever in Offaly County Council thought it was a good idea that these folks got a social house and signed off on giving them the keys ought to be brought to heel for their ineptitude in their decision making. Fear of being called racist in denying their application no doubt played a huge part.

    We all know exactly who squeals loudest with the racist accusations.

    It's time for those who squeal racist to be met with court appearances to justify their claims and to 'soften their cough' a little. We've clearly a public service caught in the headlights for a while now. It needs urgent addressing. These people need to know that they have an employer backing them up in their decisions.



  • Registered Users, Registered Users 2 Posts: 24,922 ✭✭✭✭One eyed Jack


    There’s no verbal wordplay, there’s still no ‘we’ as any apology would only be due to the person who was seeking damages for defamation.

    I don’t know what point you’re attempting to make in your subsequent paragraph, but it wouldn’t constitute defamation and I’d be unlikely to succeed should I pursue a claim for defamation; I might well be better advised to settle than to pursue a claim and lose.



  • Registered Users, Registered Users 2 Posts: 890 ✭✭✭EIREHotspur


    There is a we but if your are choosing to let the explanation go over your head….

    How can you settle if you don't bring a claim in the first place.

    Forget the first part anyhow….I am not interested at all now in what the Holland one has to say.



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  • Registered Users, Registered Users 2 Posts: 24,922 ✭✭✭✭One eyed Jack


    Can you explain to me how that claim is any different from Kitty Holland’s claim that the problem as she sees it is white, Irish men?

    They’re both BS claims which have nothing to do with the facts of the case. Pulska didn’t commit murder because he was an immigrant on social welfare, or because he was a man or any other characteristic you’d care to associate with someone who commits murder. He committed murder because he imagined he would get away with it. That has nothing to do with being an immigrant or being on welfare or spouting right or left nonsense which is the point I initially thought you were going to make.



  • Registered Users, Registered Users 2 Posts: 24,922 ✭✭✭✭One eyed Jack


    How can you settle if you don't bring a claim in the first place.


    I said I might well be better advised to settle than to pursue a claim and lose. There is a distinct possibility that one can pursue a claim for defamation, refuse a settlement agreement, continue their pursuit, and end up losing their claim for damages, as well as ending up having to pay considerable legal costs -

    https://www.breakingnews.ie/ireland/mother-and-daughter-lose-defamation-claims-against-christian-louboutin-and-brown-thomas-1731737.html



  • Registered Users, Registered Users 2 Posts: 8,043 ✭✭✭plodder


    It sounds like they think they did nothing wrong, but have been advised that a jury wouldn't agree with them. If the public interest or honest opinion defences did not work in the Gerry Adams case, they certainly wouldn't in this one.

    “Fanaticism is always a sign of repressed doubt” - Carl Jung



  • Registered Users, Registered Users 2 Posts: 16,564 ✭✭✭✭Fr Tod Umptious


    Or maybe if you were Ryan Casey and had settled your case with the BBC you'd just leave it at that, try put it behind you and just try to get on with life.



  • Registered Users, Registered Users 2 Posts: 17,112 ✭✭✭✭whisky_galore


    The silence was deafening from media talking heads and opinion pieces when the identity of the perpetrator became known. It was as if a switch had been flicked off. It suddenly became inconvenient to discuss.



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  • Registered Users, Registered Users 2 Posts: 890 ✭✭✭EIREHotspur


    Excuse my ignorance….I never knew that! I always thought freedom of movement automatically meant another EU citzen was entitled to stay in whatever EU country they chose to.

    Well there you have it in a nutshell.

    So this flips the racist argument to one of simply applying our laws.



  • Registered Users, Registered Users 2 Posts: 890 ✭✭✭EIREHotspur


    ….as simple as that….eh Ted?

    The laws of the land failed him….and what a price he had to pay.

    I would say he is entitled to direct his energy wherever he feels he needs to.

    I am sure he won't be paying much heed to faceless experts on an internet website.



  • Registered Users, Registered Users 2 Posts: 890 ✭✭✭EIREHotspur


    "Don't mention the War" - Basil Fawlty

    For many decades that episode (The Germans) was never shown in Germany.

    They want us all to be Basil Fawltys now.



  • Registered Users, Registered Users 2 Posts: 890 ✭✭✭EIREHotspur


    Follow the logic….

    I say something about you that may or may not be libel….

    You want to settle with me through what? A payoff in a car park or a meeting in your solicitors office?

    There has to be a threat of a court case from you first to make me move to a payoff.

    Solicitors and court cost money….if you are prepared to go down that route then it means you have something to lose and so do I.

    If you merely threaten me with court, then I would call your bluff until you hire a solicitor and put things in motion.



  • Registered Users, Registered Users 2 Posts: 890 ✭✭✭EIREHotspur


    You have a very idealistic view of the world.

    You seem to think that everyone, every culture is exactly the same….which we are….under the law.

    Culture is our real diversity, not race.

    Otherwise why do we all have different flags and borders? What is the point?

    NGOs promote Victimhood and mainstream media has toed that line too ever since….welcome to the new normal.



  • Registered Users, Registered Users 2 Posts: 24,922 ✭✭✭✭One eyed Jack


    Do you think Mr. Casey's legal representatives would have had considerable difficulty in providing evidence that he had suffered any reputational damage whatsoever as a result of the broadcast?

    Personally, I think they would have found it impossible.



  • Registered Users, Registered Users 2 Posts: 890 ✭✭✭EIREHotspur


    What you, plodder or I 'think' doesn't matter.

    What the other party subject to the case 'thinks' does matter however.

    "The BBC is however happy to clarify that it does not consider Ryan Casey to be a criminal or a racist, or someone guilty of or attempting to incite hatred, or someone seeking to pose as a hero of the far right through his victim impact statement," the statement continued.

    The way they worded it debunks anything that Holland woman 'thinks' too.

    So maybe if we stick to the facts and the law, nobody gets bogged down on thinking.



  • Registered Users, Registered Users 2 Posts: 8,043 ✭✭✭plodder


    They wouldn't have to provide any such evidence, other than the contents of the broadcast, and the fact it was published. It's up to the judge or jury to decide whether his reputation could be damaged or not by it.

    “Fanaticism is always a sign of repressed doubt” - Carl Jung



  • Registered Users, Registered Users 2 Posts: 24,922 ✭✭✭✭One eyed Jack



    They would have to provide evidence of damage to his reputation if they were hoping for the claim to succeed -

    What you need to know about claiming for defamation in Ireland

    • You must generally make a defamation claim within one year of the defamatory statement being issued. The time limit for personal injury claims is two years. Read More about the statute of limitations for personal injury in Ireland.
    • The claimant must prove that the statement was false and that it caused harm to their reputation.
    • If your case is held in the High Court, the Jury could decide on the amount of damages that should be awarded.

    Claiming for Defamation of Character - Synnott Lawline Solicitors



  • Registered Users, Registered Users 2 Posts: 8,043 ✭✭✭plodder


    Not a lawyer, but I don't think that has been the case since the 2009 act.

    Section 6(5) "The tort of defamation is actionable without proof of special damage."

    I can't copy the text from the link below, but it says if a statement is published to a set of people who don't take a defamatory meaning from it, it can still be actioned based on how other people might interpret it (as defamatory).

    https://legalguide.ie/defamation-2-2/

    The following is from the citizensinformation.ie site. It is generally very accurate

    A defamatory statement is a statement that reasonable members of society would think damages your reputation.

    Again no proof of actual damage is needed. It's an objective test based on what a hypothetical "reasonable person" would think.

    https://www.citizensinformation.ie/en/justice/civil-law/law-on-defamation/

    Here is a clearer explanation:

    Burden of proof in Defamation Law

    A plaintiff needs to show that the statement could reasonably be defamatory to bring a claim of defamation to court. They don’t need to show exactly how a defamatory statement affected their reputation, just that the statement could injure their reputation.

    Once this has been established it is presumed that the statement is defamatory, and the burden of proof then falls upon the defendant to show that it was not or that it attracted a defense under the acts.

    https://setantasolicitors.ie/the-law-of-defamation-in-ireland/

    “Fanaticism is always a sign of repressed doubt” - Carl Jung



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  • Registered Users, Registered Users 2 Posts: 24,922 ✭✭✭✭One eyed Jack



    The test is a two-parter: that the statements made were false, and that they tended to injure the claimants reputation -

    On 13 June 2024, Mr Justice Rory Mulcahy delivered the High Court decision in Enoch Burke’s defamation case against Mediahuis who successfully defended the claim for defamation. The judgment was unusual in that it found sections of the article to be untrue yet found it did not tend to injure Mr Burke’s reputation and was therefore not defamatory under the Defamation Act 2009.

    https://www.rdj.ie/insights/reputation-matters-high-court-dismisses-defamation-claim-over-untrue-article-where-no-damage-caused-to-plaintiffs-reputation

    Most well-known case would likely be Beverley Cooper-Flynn -

    She was estimated to have been left with a legal bill of up to €2.4m after the High Court proceedings.

    https://www.irishexaminer.com/news/arid-30144901.html



  • Registered Users, Registered Users 2 Posts: 8,043 ✭✭✭plodder


    The Cooper Flynn case was prior to 2009 and what was alleged in the Enoch Burke case was that he was "annoying other prisoners". By any objective measure, that's hardly defamatory, even if it were false, especially when the complainant's prior reputation is taken into account.

    The Judge held the fact that Mr Burke was imprisoned for contempt of court wholly undermined the claim that his reputation was damaged and the suggestion that he severely annoyed his fellow prisoners by the repeated expression of his religious beliefs was, in those circumstances, “a whisper in the hurricane of noise which his actions in September 2022 created”.

    “Fanaticism is always a sign of repressed doubt” - Carl Jung



  • Registered Users, Registered Users 2 Posts: 24,922 ✭✭✭✭One eyed Jack



    What didn't change after the 2009 Act was the requirement to demonstrate that the statements had injured the claimants reputation. The BBC alluded to as much in in their statement following the settlement, that it would be difficult, if not impossible for Mr. Casey's legal team to demonstrate that there had been any damage done to his reputation -

    In a statement read to the court in Dublin on Thursday, the BBC said it stood by the journalism involved in the episode in question, which it said "debated serious issues of public interest", and acknowledged Mr Casey's personal tragedy.

    "The BBC is however happy to clarify that it does not consider Ryan Casey to be a criminal or a racist, or someone guilty of or attempting to incite hatred, or someone seeking to pose as a hero of the far right through his victim impact statement," the statement continued.

    "This statement clarifies any unintentional inferences that could have been drawn from the broadcast and has enabled the BBC and Ryan Casey to resolve this matter amicably."

    https://www.bbc.com/news/articles/c5yg0ee65eqo



  • Registered Users, Registered Users 2 Posts: 61 ✭✭The 1922 Committee


    As an e.u. citizen you can stay so long as you are not a burden on the host state but access to social welfare is limited. See https://europa.eu/youreurope/citizens/work/social-security-and-benefits/transferring-unemployment-benefits/index_en.htm

    I had a friend who tried to claim social welfare but as a Spanish citizen the German job centre would not give unemployment assistance and told her to go home…which she did. Irish system seems to have more empathy or perhaps they are more naive.

    Pushka appears to have worked just enough to work up contributions before his back started hurting and got a doctor's note for disability. The press reports were not clear and as the case was not about social welfare but murder irrelevant but his brother appears to have an equally bad back.



  • Registered Users, Registered Users 2 Posts: 8,043 ✭✭✭plodder


    And back to square one!

    I suggest maybe you get on to the BBC's legal team and tell them they shouldn't have settled because "it would be difficult if not impossible to prove" Ryan Casey's reputation was damaged. How could they have overlooked that?

    Have a nice day now!

    “Fanaticism is always a sign of repressed doubt” - Carl Jung



  • Registered Users, Registered Users 2 Posts: 941 ✭✭✭Butson


    Nasty piece of work.

    Her buddies in the media looked after her.

    Post edited by Butson on


  • Registered Users, Registered Users 2 Posts: 24,922 ✭✭✭✭One eyed Jack


    It’s not back to square one, and I don’t need to do that as it’s reasonable to conclude from the BBCs statement that no clarification was necessary as a reasonable person did not see Mr. Casey in that light anyway.

    The settlement saved both parties considerable legal costs had either of them lost.



  • Registered Users, Registered Users 2 Posts: 941 ✭✭✭Butson


    That was one bizarre week in Ireland. The horrific murder, the search for the perpetrator, the media pile on against the men of Ireland (Lifeline was something else) and then the absolute silence once the background of the man charged was made public.

    Outrageous.



  • Registered Users, Registered Users 2 Posts: 366 ✭✭littlefeet


    In fairness, there was a lot in the papers about the perpetrator once he was charged. Liveline, the media, and the journalist can be a reflection of society, but blaming every man in Ireland was a bit bizarre. I don't know if this is an Irish thing or if it is culture or if it was poverty, or relglion or what eve it was, every single woman I have ever met has some story about a man, it's astonishing in a way, every everything from an alcoholic father who prioritised drink over their family, to bullying, asualt, being gossiped about, sexual assulst, flashers.



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  • Registered Users, Registered Users 2 Posts: 136 ✭✭AugustRain


    what utter rubbish this is.
    The Puskas family would have completed the Offaly County Council In Need of Housing Support application form (you can look at it yourself) provided all the supporting documentation, met all the criteria, and been awarded housing support as a result.
    Nobody in any local authority housing office has any discretion in whether you are successful in your application or not. You either meet the criteria or you don’t.
    The criteria is set by the Dept of the Environment.
    So there’s no fear of being considered racist. It’s a tick box exercise.
    Im always amused by how ridiculously wrong people are in their imaginings of how things work in the world of rights and entitlements….



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