It's official: Gardai are above the law.

cordub · 27-05-2011 08:53PM

realies wrote: »

Would he not be sent to arbour hill prison ,where people under threat from other prisoners are sent and the regime there a little more lenient ?

In short NO it would have been the midlands prison were there was a nice warm cell waiting for him !!!;););)

MagicSean · 27-05-2011 08:54PM

realies wrote: »

Would he not be sent to arbour hill prison ,where people under threat from other prisoners are sent and the regime there a little more lenient ?

Possibly. The whole argument is pointless anyway because he most likely would have been given indefinite temporary release on Monday.

cordub · 27-05-2011 08:58PM

Seanbeag1 wrote: »

He was not fined because he provided substantial compensation to the victim. His time in prison would have been very difficult because, unlike most prisoners, he would have a much more restricted living than they would.

yes I know he compensated the VICTIM , true. Those in the protected wing have no less recreation than any other prison , they have a private gym and all the other added extras that the modern day prisoner gets including the same recreation time and school facilities !!! It is most definitly not a harder regime as a prisoner there bar distance which is harder for the family of the prisoner !!

hatrickpatrick · 27-05-2011 09:00PM

Seanbeag1 wrote: »

No. A paedophile would be treated badly in prisone beacuase of the vile things he has done. A Garda would be treated harshly because of the good things he has done. Do you not see the difference?

Both are extra judicial punishments for crimes. Both are equally as bad imo, and shouldn't be tolerated in prisons. But the solution is not to let people off!!! The solution is better protection and policing inside prisons.

He received a suspended sentence. That is a bad thing to have over you, especially harsh for a first offence. If he ever gets in trouble again it will be activated and he will do the full time.

Unless of course the "Garda Exemption" comes into play the second time around.

Judge: "6 months from the suspension, plus a year for the new offense! Suspend the entire year and a half, of course, 'cause you're a Gard. SET HIM FREE, LADS!!!"

cordub · 27-05-2011 09:00PM

Paddy De Plasterer wrote: »

I bet the DPP will appeal to Court of Criminal Appeal, and he will find himself back in prison.

Think that will depend on public reaction as the Victim asked for the garda NOT to be given a prison sentance ,:rolleyes::rolleyes:

MagicSean · 27-05-2011 09:05PM

hatrickpatrick wrote: »

Both are extra judicial punishments for crimes. Both are equally as bad imo, and shouldn't be tolerated in prisons. But the solution is not to let people off!!! The solution is better protection and policing inside prisons.

Unless of course the "Garda Exemption" comes into play the second time around.

Judge: "6 months from the suspension, plus a year for the new offense! Suspend the entire year and a half, of course, 'cause you're a Gard. SET HIM FREE, LADS!!!"

No. You still don't get it. The paedophile is punished extra judicially for his crime. The Garda is punished for his good work as a Garda, nothing to do with his crime.

He has already received his mitigation. If the suspended sentence is activated he does the time, in addition to any other sentence he receives.

hatrickpatrick · 27-05-2011 09:08PM

Seanbeag1 wrote: »

No. You still don't get it. The paedophile is punished extra judicially for his crime. The Garda is punished for his good work as a Garda, nothing to do with his crime.

So what? The law mandates specific punishments for certain crimes, getting extra abuse in prison is not legally part of that and it shouldn't be.

That's like the people who say things like "That guy will be raped in prison for the rest if his life" - it's a disgrace, an extra judicial punishment, and it shouldn't be tolerated no matter WHO the offender is.

He has already received his mitigation. If the suspended sentence is activated he does the time, in addition to any other sentence he receives.

He should be in prison right now, just like any other member of the population would be.

I guess I should become a Gard first if I ever want to punch someone's lights out and get away with it...

FlutterinBantam · 27-05-2011 09:08PM

cordub wrote: »

IM well aware of the judges so called legal error. Im sure he was well aware of the issue of MITIGATING circumstances hes is a judge many a year and has adjudicated over many a case involving gardai and prison officer in his time. By the way I was sure that the case was stated that the defendants legal representative was the one who failed to mention in his clients DEFENCE about mitigating circumstances !!!!!! is that clear enough for YOU!!!

As I read it it is not an error by the judge.

The defense council failed to raise the matter to him and only did so the following day after sentencing.

The judge, as I see it accepted the argument, affirmed the sentence, but suspended it .

We will have to wait to see if there is any appeal.

padd b1975 · 27-05-2011 09:08PM

cordub wrote: »

I know for a fact that the garda would NOT have a difficult time in prison , he will be one of the lucky people in prison at the moment as in he will have a cell all to himself unlike the majority of those in prison!!!The wing that he would be on will be people who are being protected fully in the system ie gardai , prison officers and the like, He would not in any danger whatsoever!!!!! That arguement is rubbish , he has gotten off scot free so long as he doesnt re offend as then he will have to serve the sentence!!! HE was not fined or given community service either !!! the fact that he was a garda should not have been taken into consideration IMO the arguement of an earlier poster that his solicitor failed to make this case in his defence arguement should not have come into I think , Are we supposed to be stupid enough to think that the judge did NOT know that the person before him was a garda and did not take that into consideration when making his judgement !!!!!!

Jesus H Christ!
He has been released from prison,how he will or will not be treated no longer matters.
Scot free you say, he has paid compensation, will no doubt lose a permanent pensionable job, no small asset in this day and age. His COVICTION will greatly hinder his ability to get a travel visa thus ruling out a lot of overseas travel. Finally and read carefully, the judge DID NOT forget he was a garda, he forgot to take the sub clause I mentioned earlier into account.

FlutterinBantam · 27-05-2011 09:11PM

hatrickpatrick wrote: »

I guess I should become a Gard first if I ever want to punch someone's lights out and get away with it...

:rolleyes:

:eek:

jaysus!

Perish the thought.

hatrickpatrick · 27-05-2011 09:12PM

padd b1975 wrote: »

Jesus H Christ!
He has been released from prison,how he will or will not be treated no longer matters.
Scot free you say, he has paid compensation, will no doubt lose a permanent pensionable job, no small asset in this day and age. His COVICTION will greatly hinder his ability to get a travel visa thus ruling out a lot of overseas travel. Finally and read carefully, the judge DID NOT forget he was a garda, he forgot to take the sub clause I mentioned earlier into account.

And if he wasn't a Gard, he would have received every penalty you just outlined above, PLUS a six month spell in prison.

hatrickpatrick · 27-05-2011 09:13PM

FlutterinBantam wrote: »

:rolleyes:

:eek:

jaysus!

Perish the thought.

Sarcasm obviously, although I don't see you denying it...

MagicSean · 27-05-2011 09:14PM

hatrickpatrick wrote: »

So what? The law mandates specific punishments for certain crimes, getting extra abuse in prison is not legally part of that and it shouldn't be.

That's like the people who say things like "That guy will be raped in prison for the rest if his life" - it's a disgrace, an extra judicial punishment, and it shouldn't be tolerated no matter WHO the offender is.

He should be in prison right now, just like any other member of the population would be.

I guess I should become a Gard first if I ever want to punch someone's lights out and get away with it...

It's nothing to do with his crime or extra judicial punishment. It is about who he is. Are you deliberately ignoring this or do you genuinely not get it? It'd like putting a black man in a wing populated by the KKK. They won't care what he was convicted of, all they care about is his colour.

No member of the public in this Gardas position would have gotten custody. If you can find me the case to the contrary I will gladly concede.

padd b1975 · 27-05-2011 09:16PM

FlutterinBantam wrote: »

As I read it it is not an error by the judge.

The defense council failed to raise the matter to him and only did so the following day after sentencing.

The judge, as I see it accepted the argument, affirmed the sentence, but suspended it .

We will have to wait to see if there is any appeal.

Think you may be mistaken,
my interpretation is that an error was made by the judge and brought to his attention the following morning by the defence. Regarding the appeal I think its unlikely given that the victim has expressed a wish that he not be jailed. Think the ball is in the DPP court now.

My name is URL · 27-05-2011 09:16PM

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

Judge Ó Donnabháin said that 'we are in a completely different place today to where we were yesterday and if a point had to be made then perhaps it has been made'.

That's some vague shit.. it reads like a horoscope

FlutterinBantam · 27-05-2011 09:17PM

hatrickpatrick wrote: »

Sarcasm obviously, although I don't see you denying it...

No ,you won't .

Your posts hint you have a deep seated hatred of the Gardaí.

None of my business, but just an observation..

Don't want to derail the thread so apologies if that is not the case.

Show Time · 27-05-2011 09:19PM

I hope all the bleeding hearts sure God love the poor boy gang know that it's not the first time Dean has knocked some one about when not on duty.

FlutterinBantam · 27-05-2011 09:19PM

padd b1975 wrote: »

Think you may be mistaken,
my interpretation is that an error was made by the judge and brought to his attention the following morning by the defence. Regarding the appeal I think its unlikely given that the victim has expressed a wish that he not be jailed. Think the ball is in the DPP court now.

:eek:

jaysus Padd

If you are right,that's two bad mistakes tonight.

Time for bed maybe:eek:

FlutterinBantam · 27-05-2011 09:21PM

Show Time wrote: »

I hope all the bleeding hearts sure God love the poor boy gang know that it's not the first time Dean has knocked some one about when not on duty.

IT'S SHooooow Taaaaahime

Go on.

padd b1975 · 27-05-2011 09:21PM

hatrickpatrick wrote: »

And if he wasn't a Gard, he would have received every penalty you just outlined above, PLUS a six month spell in prison.

From the judges point of view the word if does not come into it.

cordub · 27-05-2011 09:21PM

padd b1975 wrote: »

Jesus H Christ!
He has been released from prison,how he will or will not be treated no longer matters.
Scot free you say, he has paid compensation, will no doubt lose a permanent pensionable job, no small asset in this day and age. His COVICTION will greatly hinder his ability to get a travel visa thus ruling out a lot of overseas travel. Finally and read carefully, the judge DID NOT forget he was a garda, he forgot to take the sub clause I mentioned earlier into account.

EHHHHHHHHHHH judge forgot was being sarcastic !! It was his legal rep that forgot to mention the sub claus in his case yesterday

;);) silly solicitor yeah right !!! and it does matter about how he would be treated . wasnt that the whole bases of the reasoning behind why his sentece was changed to suspended ie the harseness of prison on the gardai or am I wrong in this fact too???? me thinks you would want to spend a few more days observing a few more days at court cases !!!

;)

Show Time · 27-05-2011 09:23PM

FlutterinBantam wrote: »

IT'S SHooooow Taaaaahime

Go on.

I was speaking about this case to a work mate tonight and he told me this chap has a history for this sort of thing.

Not saying no more as i am informed there is a case on the way.

Hope that is understandable.

LizT · 27-05-2011 09:26PM

Seanbeag1 wrote: »

No. A paedophile would be treated badly in prisone beacuase of the vile things he has done. A Garda would be treated harshly because of the good things he has done. Do you not see the difference?

He received a suspended sentence. That is a bad thing to have over you, especially harsh for a first offence. If he ever gets in trouble again it will be activated and he will do the full time.

Not for an offence of this severity. Too lenient if you ask me.

FlutterinBantam · 27-05-2011 09:26PM

Show Time wrote: »

I was speaking about this case to a work mate tonight and he told me this chap has a history for this sort of thing.

Not saying no more as i am informed there is a case on the way.

Hope that is understandable.

Certainly is. Bit of form eh?

'Nuff said.

padd b1975 · 27-05-2011 09:26PM

FlutterinBantam wrote: »

:eek:

jaysus Padd

If you are right,that's two bad mistakes tonight.

Time for bed maybe:eek:

Pretty sure thats what i heard on news at 1 today. Dont go just yet, darkness approached, is that fruitcake I smell on the breeze??

dresden8 · 27-05-2011 09:31PM

cursai wrote: »

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!!!

Bollix. He was sentenced to 18 months in jail with 12 months suspended until his defence pointed out he was a Garda. After that the whole sentence was suspended.

Therefore he got out of jail because he was a garda and therefore above the law.

Any other conclusion is just bizarre in the extreme.

Maybe you shouldn't comment on things you know absolutely nothing about.

27-05-2011 09:32PM

Seanbeag1 wrote: »

I would never have thought punching someone a few times could cause that many broken bones and bleeding to the brain.

I take it you've never done any boxing, kickboxing etc ?
ie you don't really know what you are talking about.

padd b1975 · 27-05-2011 09:32PM

Show Time wrote: »

I hope all the bleeding hearts sure God love the poor boy gang know that it's not the first time Dean has knocked some one about when not on duty.

Please elaborate? Sure we are all friends here.

FlutterinBantam · 27-05-2011 09:33PM

padd b1975 wrote: »

Pretty sure thats what i heard on news at 1 today. Dont go just yet, darkness approached, is that fruitcake I smell on the breeze??

Have to say my interpretation was that his legal council screwed up, hence the re appearance and change of 'plan' from the judge.

No fruitcake, just a stale few 'Carson's Ginger thins'.

MagicSean · 27-05-2011 09:34PM

lizt wrote: »

Not for an offence of this severity. Too lenient if you ask me.

I didn't ask you. Im basing it on what I've seen in courts.

It's official: Gardai are above the law.

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