It's official: Gardai are above the law.

hatrickpatrick · 27-05-2011 01:32PM #1

http://www.rte.ie/news/2011/0527/foleyd.html

The Garda who was sentenced yesterday for assault has had the sentence suspended.

Congrats to the Ombudsman for pursuing the case, but can I ask what the point is in having such organizations if the courts are simply going to overrule them?

Today, Mr Foley's Defence Counsel Donal O'Sullivan told the court that he had failed to mention yesterday a principal in law which accepted that some mitigation in sentencing is granted to former guards and prison officers because they were likely to suffer more in prison.

This is an absolutely DISGRACEFUL statement. Are we not all equal in this society? I'm utterly outraged.

CatFromHue · 27-05-2011 01:34PM

how many people who are convicted of similar offences get suspended sentences?

Biggins · 27-05-2011 01:34PM

...Cue "All Gardi are bad and evil" thread...

Napper Hawkins · 27-05-2011 01:35PM

Are you surprised?

DrumSteve · 27-05-2011 01:35PM

Would you have posted this if he wasn't a copper

Minstrel27 · 27-05-2011 01:35PM

What bull****. There should be no favourtism for anybody.

Wolfe Tone · 27-05-2011 01:35PM

hatrickpatrick wrote: »

This is an absolutely DISGRACEFUL statement. Are we not all equal in this society? I'm utterly outraged.

Unfortunately I'm not even surprised.

Ordinary joe does it he gets jailed, Garda does it he walks free. Just the way it is.

Bannasidhe · 27-05-2011 01:35PM

hatrickpatrick wrote: »

http://www.rte.ie/news/2011/0527/foleyd.html

The Garda who was sentenced yesterday for assault has had the sentence suspended.

Congrats to the Ombudsman for pursuing the case, but can I ask what the point is in having such organizations if the courts are simply going to overrule them?

This is an absolutely DISGRACEFUL statement. Are we not all equal in this society? I'm utterly outraged.

I share your rage. The reasoning behind a non-custodial sentence was that Gardaí suffer 'more' while in prison and have to be segregated from the main prison population. Gardaí are also tasked with enforcing and up-holding the law. If they break the law they should suffer the consequences!

Logical Fallacy · 27-05-2011 01:36PM

DrumSteve wrote: »

Would you have posted this if he wasn't a copper

I reckon the title would have been a little different.

Wolfe Tone · 27-05-2011 01:36PM

DrumSteve wrote: »

Would you have posted this if he wasn't a copper

If he was not a copper he would be in jail.

prinz · 27-05-2011 01:37PM

Yup, because no non-coppers have ever gotten suspended sentences for that kind of thing.

AudreyHepburn · 27-05-2011 01:37PM

He wouldn't be the only criminal in the country to walk away scot free. How many times do you hear of gang members with 20,30.40 serious convictions still on the streets.

His career is irrelevant, the crime took place when he was off duty.

Can we please get over the Garda-bashing crap, it gets tedious.

humanji · 27-05-2011 01:38PM

Well it makes sense to not throw a garda into a prison with the people they helped put away. Just take a look at the documentary "Tango & Cash" to see how it can end up.

AudreyHepburn · 27-05-2011 01:38PM

Wolfe Tone wrote: »

If he was not a copper he would be in jail.

I highly doubt it tbh.

cursai · 27-05-2011 01:38PM

Most people with this kind of conviction walk free. especially if they have no previous. I'm more surprised he gave a sentence in the first place and not a fine and a suspension.
People shouldnt comment on things they know absolutely nothing about!!!

Biggins · 27-05-2011 01:38PM

I for one don't know the FULL evidence that was presented to the court.
While puzzled as to why the light sentence, I must acknowledge that I don't know the full picture (if there is one) and as from sentence to sentence, must judge each one accordingly as best I can - with equal fairness as if it was anyone else.

hatrickpatrick · 27-05-2011 01:39PM

Biggins wrote: »

...Cue "All Gardi are bad and evil" thread...

No.
I have the utmost respect for the gardai.
I simply believe that ALL legal adults without proven mental problems should be treated absolutely equally before the law. Man or woman, Christian or Muslim, black or white, European or American, priest or taxi driver, Garda or shopkeeper.

Such exceptions and inconsistencies are an absolute blot on civilized society. Equality should cover EVERYTHING.

Rew · 27-05-2011 01:39PM

Doubt he would have done more then a couple of days sue to over crowding anyway

prinz · 27-05-2011 01:39PM

humanji wrote: »

Well it makes sense to not throw a garda into a prison with the people they helped put away. Just take a look at the documentary "Tango & Cash" to see how it can end up.

Yup simple solution would be a mini prison in Templemore, sort of like an army stockade.

AudreyHepburn · 27-05-2011 01:40PM

Wolfe Tone wrote: »

Unfortunately I'm not even surprised.

Ordinary joe does it he gets jailed, Garda does it he walks free. Just the way it is.

Not the way it is and you know it.

If you watched the recent Prime Time Investigation into the Taxi industry you would have heard there are rapists etc driving taxis across Dublin.

hatrickpatrick · 27-05-2011 01:40PM

Bannasidhe wrote: »

I share your rage. The reasoning behind a non-custodial sentence was that Gardaí suffer 'more' while in prison and have to be segregated from the main prison population. Gardaí are also tasked with enforcing and up-holding the law. If they break the law they should suffer the consequences!

This is the same BS argument which Ivana Bacik uses to insist that no woman should be put in prison.

If you don't want to suffer consequences then don't effing commit a crime.

Napper Hawkins · 27-05-2011 01:40PM

In fairness, he shouldn't be put in with the violent offenders as he'd be killed.

But he should definitely be locked up all the same.

Wolfe Tone · 27-05-2011 01:40PM

AudreyHepburn wrote: »

I highly doubt it tbh.

Did you read the report? He got the extra 6 months suspended specifically because he was a copper!

Wile E. Coyote · 27-05-2011 01:41PM

hatrickpatrick wrote: »

This is an absolutely DISGRACEFUL statement. Are we not all equal in this society? I'm utterly outraged.

Yes we are all equal and unfortunately this is the same sentance that would have been handed down to anyone else in a similar situation.

http://www.herald.ie/national-news/courts/boxers-brutal-attack-in-nightclubs-toilet-2577094.html

TheZohanS · 27-05-2011 01:41PM

humanji wrote: »

Well it makes sense to not throw a garda into a prison with the people they helped put away. Just take a look at the documentary "Tango & Cash" to see how it can end up.

Or to a lesser extent the arthouse documentary "Banged up the Bangkok".

prinz · 27-05-2011 01:41PM

Biggins wrote: »

While puzzled as to why the light sentence...

One of the reasons was that the victim made clear to the court that he wasn't seeking prison time for the guilty party. He felt loss of job, suspended sentence and compensation would have been adequate AFAIK.

Mr Jinx · 27-05-2011 01:41PM

http://www.breakingnews.ie/ireland/boxer-gets-suspended-sentence-for-unprovoked-assault-496478.html

http://www.advertiser.ie/galway/article/37978/suspended-sentence-for-st-patricks-day-assault-on-bouncer

http://www.galwaynews.ie/9184-suspended-sentence-loughrea-resident-who-assaulted-social-welfare-officer

http://www.clarepeople.com/wordp5/20091001722/two-year-suspended-sentence-for-pub-assault/

http://www.rte.ie/news/2010/1027/mcardled.html

http://www.mayonews.ie/index.php?option=com_content&task=view&id=5010&Itemid=76

http://www.irishtimes.com/newspaper/ireland/2010/0706/1224274101692.html

AudreyHepburn · 27-05-2011 01:42PM

Wolfe Tone wrote: »

Did you read the report? He got the extra 6 months suspended specifically because he was a copper!

Link?

I find that hard to believe. Willing to be corrected though!

Lustrum · 27-05-2011 01:43PM

Wolfe Tone wrote: »

Unfortunately I'm not even surprised.

Ordinary joe does it he gets jailed, Garda does it he walks free. Just the way it is.

Bull****. Plenty of "ordinary" Joes get suspended sentences for a range of offences. His occupation has nothing to do with it. If you break the law you should suffer the consequences, regardless of what you do for a living

Biggins · 27-05-2011 01:44PM

hatrickpatrick wrote: »

No.
I have the utmost respect for the gardai.
I simply believe that ALL legal adults without proven mental problems should be treated absolutely equally before the law. Man or woman, Christian or Muslim, black or white, European or American, priest or taxi driver, Garda or shopkeeper.

Such exceptions and inconsistencies are an absolute blot on civilized society. Equality should cover EVERYTHING.

If it is a blot - it should be rectified - if its not (and we don't know as to FULL details), we should err on the side of caution and accept judgements that we even might not agree with.

My first post was/is not aimed at you by the way.
Usually when someone mentions the word "Gardi" we do get an immediate percentage of the usual clear one sided avalanche of tripe from those with irremovable chips on their shoulders.

Wolfe Tone · 27-05-2011 01:44PM

AudreyHepburn wrote: »

Link?

I find that hard to believe. Willing to be corrected though!

Read the one in the OP. He got 12 months suspended and would spend 6 behind bars. The defense forgot to point out that Gardaí and prison officers get extra mitigation so the next day they went back to court and the whole sentence was suspended.

It's official: Gardai are above the law.

Comments