It's official: Gardai are above the law.

LizT · 27-05-2011 06:54PM

FlutterinBantam wrote: »

Because there is legislation covering that situation.
The judge invoked that legislation.

that's the facts of the case, opinions my differ but them's the FACTS

And the legislation is a joke. I understand that a garda would get a tougher time but tough! Should have thought of that before he pounded a guy to a pulp.

My worry is that this case sets a precedent. What's to stop other gardai commiting crimes, safe in the knowledge that they'll get away with it (albeit that they will lose their job etc). The majority of gardai, in my experience, are very decent. But the judgement in this case may stop a garda from thinking about the consequences if they do commit a crime.

KERSPLAT! · 27-05-2011 06:54PM

@flutterinbantam

So, do you think it's ok that a guard got away with 6 months because he is an Garda?

Micky Dolenz · 27-05-2011 06:56PM

Careful now, buddies.

FlutterinBantam · 27-05-2011 06:56PM

IPAM wrote: »

@flutterinbantam

So, do you think it's ok that a guard got away with 6 months because he is an Garda?

What makes you think I think it's ok ?

Wolfe Tone · 27-05-2011 06:57PM

FlutterinBantam wrote: »

Because there is legislation covering that situation.
The judge invoked that legislation.

that's the facts of the case, opinions my differ but them's the FACTS

What legislation?

flash1080 · 27-05-2011 06:57PM

Overheal · 27-05-2011 06:58PM

FlutterinBantam wrote: »

No horse, that's why I said structure of sentencing

Read the focking post.

Yeah I did, and thats how I conclude that theres one set of rules - lets call them "Laws" for the Gardai in the Justice System, and another set for the public.

Seeing how that structure is lain down in law: It's Law. Not guidelines on how to write a good CV

FlutterinBantam wrote: »

Certainly <>.

1..Apparently he paid substantial compensation to the injured party..'kay?

2..there is legislation which permits the judge to mitigate a sentence in respect of a garda or prison officer, which is what happened.

3..I would suggest that he will be unlikely to offend again, no basis for that just on the balance of probabilities.

4..I would hope that he is sacked thereby losing out on a good career and pension

5.. His name is all over the media ,and as a result he has to carry that for the rest of his life.

So

Compare that to Mr Tracksuit who does similar outside the chipper next friday night and rolls out of the 'Joy in 10 months ,still with nothing,his hole intact,never had anything, his victim got nothing,his mates think he's great just ,gearing up for his next glassing.

I'd say that's more than equal <>, wouldn't you?

First of all, if something is "More than Equal" doesn't that make it Greater than, and hence an inequality?

Secondly it would be difficult to verify they were equal since we're talking about two completely different scenarios. Kind of like trying to establish an exchange rate between an Apple and an Orange isnt it?

KERSPLAT! · 27-05-2011 06:58PM

I'm out...

LizT · 27-05-2011 06:59PM

IPAM wrote: »

I'm out...

That'll do, pig, that'll do.

FlutterinBantam · 27-05-2011 07:01PM

Overheal wrote: »

Yeah I did, and thats how I conclude that theres one set of rules - lets call them "Laws" for the Gardai in the Justice System, and another set for the public.

Seeing how that structure is lain down in law: It's Law. Not guidelines on how to write a good CV

First of all, if something is "More than Equal" doesn't that make it Greater than, and hence an inequality?

Secondly it would be difficult to verify they were equal since we're talking about two completely different scenarios. Kind of like trying to establish an exchange rate between an Apple and an Orange isnt it?

No no no

Not laws... sentencing structures.

The laws are the same for everyone.

How the judicial system deals with lawbreakers is a totally different ball of shite.

jaysus!! I:rolleyes:'m surprised at you.

FlutterinBantam · 27-05-2011 07:13PM

Wolfe Tone wrote: »

What legislation?

If you bothered to read the link on post one you could see the judges reasoning.

Ring the judge if you want more detail.

zenno · 27-05-2011 07:13PM

now every person knows what to do if they smash someones head in almost to the point of death. and that is what this garda done as this garda supposedly sold his car and motorbike and whatever else to accumulate monies craftly knowing that the effort of getting a large amount of money together for compensation to the victim would have an affect on the outcome of how he will be judged and sentenced and thus it worked in his favour. and the old crafty way of breaking down and crying in court helps as well.

LizT · 27-05-2011 07:14PM

goat2 wrote: »

i think it is just because he is a garda that it got broadcast,
because every big weekend in this country in most towns in this country, there are slaps been trown, people being injured and we hear nothing of these incidents, and often there are people badly injured in these scuffles, and often nobody goes to jail for it, also they are not even being getting broadcast in the local notes either,
what started the scuffle anyway.

They were waiting in line for a taxi, the victim called the garda's brother his shirt was gay.

J K · 27-05-2011 07:14PM

IPAM wrote: »

@flutterinbantam

So, do you think it's ok that a guard got away with 6 months because he is an Garda?

You have a very literal or naive interpretation of the outcome. It's fairly obvious the Judge had no intention of sending him to jail. It was drawn out so as to be a strong warning that he was very close to going to jail. The Judge and both legal sides will discuss mitigation's and exacerbating circumstances and various legal points but they are not robots, the Judge will have had in mind how he wanted the case finished up with.

In common practice in this country people do not do jail time where it's there first offence and first conviction. You won't find it for any person in any occupation unless you're talking about murder or something.
Whether that in itself is wrong, maybe, but is a whole different debate.

Micky Dolenz · 27-05-2011 07:14PM

FlutterinBantam wrote: »

If you bothered to read the link on post one you could see the judges reasoning.

Ring the judge if you want more detail.

Have you a number?

Wolfe Tone · 27-05-2011 07:16PM

FlutterinBantam wrote: »

If you bothered to read the link on post one you could see the judges reasoning.

Ring the judge if you want more detail.

I see nothing there about legislation. Care to point out said legislation seen as you claim he invoked it?

FlutterinBantam · 27-05-2011 07:19PM

Wolfe Tone wrote: »

I see nothing there about legislation. Care to point out said legislation seen as you claim he invoked it?

Head of the pin is a bit away yet.

Ring the judge if you are interested

Wolfe Tone · 27-05-2011 07:20PM

FlutterinBantam wrote: »

Head of the pin is a bit away yet.

Ring the judge if you are interested

If you are going to make claims you should back them up.

LizT · 27-05-2011 07:20PM

FlutterinBantam wrote: »

Head of the pin is a bit away yet.

Ring the judge if you are interested

Wolfe Tone · 27-05-2011 07:22PM

lizt wrote: »

Dont mind that, thats just a personal jibe at me.

archer22 · 27-05-2011 07:22PM

Maci Numerous Mocha wrote: »

I wonder if this logic would also apply to pedos. "Eh sorry your honour this guy shouldn't go to jail cause his crimes were so sick he will suffer more in prison"

Exactly and it would not surprise me if the ones in there now end up being released and getting compensation.All it needs now is one of them to bring a case.

FlutterinBantam · 27-05-2011 07:23PM

Wolfe Tone wrote: »

If you are going to make claims you should back them up.

I have backed them up with the judges statement.

LizT · 27-05-2011 07:24PM

FlutterinBantam wrote: »

I have backed them up with the judges statement.

Where?

FlutterinBantam · 27-05-2011 07:25PM

lizt wrote: »

Where?

post one link.

LizT · 27-05-2011 07:27PM

goat2 wrote: »

did the victim know the garda or his brother, if not, he should not have made a statement like that to people he did not know

Don't think he did know them. I think everyone can acknowledge the victim made an unfair comment. The reaction of the garda was way over the top though.

Wolfe Tone · 27-05-2011 07:27PM

FlutterinBantam wrote: »

I have backed them up with the judges statement.

You said that judge invoked legislation. No where that I can see does it say that. If you are going to claim that the Judge did such a thing then its not too much of a stretch to ask what legislation this was.

In fact I dare say many members here would appreciate reading the legislation so we can become more familiar with the legalities of this issue. In fact it will even back up your argument that justice was done.

I look forward to reading it.

Dangerous Man · 27-05-2011 07:38PM

FlutterinBantam wrote: »

"He is a dangerous criminal and should be in prison with his own kind"

What backup have you for making that statement pal.? The fact that he beat a man so severely he broke his teeth, cheek bones, and left him in a state where he was bleeding into his brain. Is that not abundantly clear to you? Is that not obvious?

Of course the attack was totally reprehensible, but unfortunately hundreds of such events occur over every week-end in Ireland, in chip shops all over the country. No, they don't. Not hundreds. And if they did -they should ALL be prosecuted. No one should get away with inflicting such deliberate physical damage on a person and get away with it.

How many of these 'dangerous criminals' are sent to prison? I don't know. And neither do you.

The law is the law and justice has to be seen to have an equal consequence to wrongdoers. My issue is with the law. To say the law is the law is frankly stupid. Laws are made. Laws are interpreted. Laws are argued over. Laws are removed. Laws are amended. This particular law shoudln't be on the books.

So take off your anti Garda glasses pal, and wise up to the fact that the law was enacted in this case, and rightly so.

I don't have anti-Garda glasses - and I'm not your 'pal' either.

K-9 · 27-05-2011 07:46PM

IPAM wrote: »

Did you read the OP? He was to serve 6 months in prison until th judge found out he was a guard... Then those 6 months were also suspended, my arguement isn't about suspended sentances, it's about Garda getting off with a prison sentance where if he wasn't a guard he would have served his time

I think you need to reread it. The judge always knew he was a Guard, just not the provision.

I don't think the law means Guards can get off with prison sentences, a good few are serving stretches.

mikom · 27-05-2011 07:50PM

Quick question for any guards on board.....
Do guards receive any special training in Templemore or later on that is aimed at helping them cope with aggressive behavior/insulting comments directed at them?

archer22 · 27-05-2011 07:51PM

IPAM wrote: »

Do you agree he got away with the 6 months because he was a garda?

Lets just look at the PATTERN here in all those Garda cases..They All walk out the door free men :rolleyes:.Now is that not shall we say a little unusual at the very least.In what other profession can you walk in the door of a court on any charge and be guaranteed to be going home that evening?.

It's official: Gardai are above the law.

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