It's official: Gardai are above the law.

archer22 · 28-05-2011 10:28AM

Seanbeag1 wrote: »

People who are sick can get suspended sentences as prison may be overly harsh on them as can people who agree to take part in various programs or educational courses.

And the Garda only had his sentence suspended, not reduced or removed. He still has 18 months hanging over him.

At the end of the day all the excuses and waffling wont change the fact that people can see this for what it really is and respect for the justice system and the police in Ireland has plummeted to new lows.The bulk of the population are not stupid you know.

jonsnow · 28-05-2011 10:54AM

http://www.newstalk.ie/2011/news/prison-officer-jailed-for-vicious-assault-on-wife/

A prison officer has been jailed for 6 years after admitting battering his wife on the head with a baseball bat in a brutal and savage attack.

50-year-old Paul Morris told his wife Teresa that he was going to kill her .

Cork Circuit Criminal Court was told that Morris hit his wife so hard he broke the bat.

Morris pleaded guilty to assault causing serious harm and false imprisonment of Teresa Morris her at their home in Cork city on January 29th 2010.

The court heard Mrs. Morris was hit 3 times on the head with the baseball bat before it broke.

He then hit her with his fists, kicked her and put his hands up to strangle her before going to call an ambulance.

She climbed out a sitting room window and raised the alarm with a neighbour who did not recognise her such was the extent of her injuries.

Mrs. Morris told the court the attack had robbed her of her security and she cannot sleep at night.

Morris was jailed for 8 years with the final 2 suspended.

I guess the "principle of law" wasn,t enough to save this guy from his actions

Liam Byrne · 28-05-2011 11:36AM

jonsnow wrote: »

http://www.newstalk.ie/2011/news/prison-officer-jailed-for-vicious-assault-on-wife/

Morris was jailed for 8 years with the final 2 suspended.

I guess the "principle of law" wasn,t enough to save this guy from his actions

And damn right too, given the difference between fists and "hit three times on the head with a baseball bat".

TheAnswer · 28-05-2011 11:40AM

hatrickpatrick wrote: »

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

"All men are created equal, just some more equal than others".

realslimshady · 28-05-2011 12:03PM

I haven't quite read through the whole thread and all arguments, however it got me thinking back to the case where a Garda was killed while on duty up in Donegal by a young man in a stolen car. I can recall A judge in the case – following current laws – had told the jury before they retired to consider the verdict, that the fact Mr McCallion was a Garda officer had no bearing on the decision they were about to take. Now I know people on here are arguing that he got the six months off because he is a Garda. However I do believe that in both cases it just go's to show how much of an ass the law really is in this country.

padd b1975 · 28-05-2011 12:34PM

jonsnow wrote: »

http://www.newstalk.ie/2011/news/prison-officer-jailed-for-vicious-assault-on-wife/

A prison officer has been jailed for 6 years after admitting battering his wife on the head with a baseball bat in a brutal and savage attack.

50-year-old Paul Morris told his wife Teresa that he was going to kill her .

Cork Circuit Criminal Court was told that Morris hit his wife so hard he broke the bat.

Morris pleaded guilty to assault causing serious harm and false imprisonment of Teresa Morris her at their home in Cork city on January 29th 2010.

The court heard Mrs. Morris was hit 3 times on the head with the baseball bat before it broke.

He then hit her with his fists, kicked her and put his hands up to strangle her before going to call an ambulance.

She climbed out a sitting room window and raised the alarm with a neighbour who did not recognise her such was the extent of her injuries.

Mrs. Morris told the court the attack had robbed her of her security and she cannot sleep at night.

Morris was jailed for 8 years with the final 2 suspended.

I guess the "principle of law" wasn,t enough to save this guy from his actions

No sh1t sherlock!:rolleyes:

Mr.Micro · 28-05-2011 01:33PM

jonsnow wrote: »

http://www.newstalk.ie/2011/news/prison-officer-jailed-for-vicious-assault-on-wife/

A prison officer has been jailed for 6 years after admitting battering his wife on the head with a baseball bat in a brutal and savage attack.

50-year-old Paul Morris told his wife Teresa that he was going to kill her .

Cork Circuit Criminal Court was told that Morris hit his wife so hard he broke the bat.

Morris pleaded guilty to assault causing serious harm and false imprisonment of Teresa Morris her at their home in Cork city on January 29th 2010.

The court heard Mrs. Morris was hit 3 times on the head with the baseball bat before it broke.

He then hit her with his fists, kicked her and put his hands up to strangle her before going to call an ambulance.

She climbed out a sitting room window and raised the alarm with a neighbour who did not recognise her such was the extent of her injuries.

Mrs. Morris told the court the attack had robbed her of her security and she cannot sleep at night.

Morris was jailed for 8 years with the final 2 suspended.

I guess the "principle of law" wasn,t enough to save this guy from his actions

Which then makes yesterday's ruling letting off the Garda all the more puzzling?

cordub · 28-05-2011 01:39PM

Mr.Micro wrote: »

Which then makes yesterday's ruling letting off the Garda all the more puzzling?

yes seems to be unsafe for a garda in jail but safe enough for a prison officer who works locking up the prisoners that he now has to be locked up with !!!!!! one LAW for one and one for another me thinks!!

cordub · 28-05-2011 01:43PM

An intresting quote from todays papers "Mr O’Brien, a TD for Cork North Central, said the decision was unjust and unfair and amounted to immunity for gardaí who break the law. He said the decision reflected the mindset of sectors of society that believe that those in a position of power have more rights than ordinary people."

Read more: http://www.irishexaminer.com/ireland/jail-too-hard-for-garda-judge-156095.html#ixzz1NeOH2i4u
and is this not somethong that we all know already it has just been proven once more :rolleyes::rolleyes:

Pandora2 · 28-05-2011 01:58PM

FlutterinBantam wrote: »

:rolleyes:

:eek:

jaysus!

Perish the thought.

And therein lies the rub!!

I believe the issue at hand is the legal provision that An Garda Siochana are entitled to consideration, in the matter of sentencing, as a result of the nature of their work. Legal provision is made and it was taken into consideration therefore the sentence is just, imo. Should that provision be redacted from the law as it stands is an entirely different question.

I too subscribe to the theory that the judge engineered this to highlight the matter and thus bring it to the public domain...the defence blindsided by what they thought to be fairly standard had to regroup in a hurry and were expected to.

To compare with other sentences, passed by other judges, brought about by differing circumstances is not helpful, each case must be heard in isolation with basic principles observed in sentencing.

For myself the question is.....is this the type of man I want to wear the uniform and no, I would not start a thread, I am already secure in my answer to that question:rolleyes:

jonsnow · 28-05-2011 02:07PM

padd b1975 wrote: »

No sh1t sherlock!:rolleyes:

Thanks for the helpful comment watson:D;):p:rolleyes: My point was that it is just a mitigating factor and it can clearly be overruled if the courts want.The judge just takes it into consideration but he can still decide to send a cop down if he wants.

jonsnow · 28-05-2011 02:17PM

Pandora2 wrote: »

And therein lies the rub!!

Should that provision be redacted from the law as it stands is an entirely different question.

:

My opinion is that this provision or custom or precedent is wrong.
As to the facts of this particular case I would have no problem with Mr Foley serving a suspended sentence if he had been given one at the initial hearing.But I believe that this provision is bad law.

sdanseo · 28-05-2011 04:16PM

Mr.Micro wrote: »

Which then makes yesterday's ruling letting off the Garda all the more puzzling?

Not really. The Garda had a fight with an unruly lad and the other guy ended up knocked out. Also, he didn't get off, he was sentenced to 18 months, with 12 of those suspended.

The Prison officer beat his defenceless wife half to death with a baseball bat.

Bit of a difference there lad.

hatrickpatrick · 28-05-2011 04:31PM

Liam Byrne wrote: »

And damn right too, given the difference between fists and "hit three times on the head with a baseball bat".

And did it cause internal head trauma too?

Being hit three times with a baseball bat could easliy be less severe than repeated punches from a strong person, it depends on the force and length of time. From all accounts this Gard incident was a sustained attack.

Show Time · 28-05-2011 04:32PM

TheAnswer wrote: »

"All men are created equal, just some more equal than others".

Or to quote Animal Farm: "Four legs good two legs bad."

hatrickpatrick · 28-05-2011 04:34PM

sdonn wrote: »

Not really. The Garda had a fight with an unruly lad and the other guy ended up knocked out. Also, he didn't get off, he was sentenced to 18 months, with 12 of those suspended.

The Prison officer beat his defenceless wife half to death with a baseball bat.

Bit of a difference there lad.

Dude wtf

The gard had a fight with an "unruly lad"? The guy made one remark.
The equally defenceless guy was knocked out and had internal bleeding in his brain.
Being hit with a bat and being punched could easily be just as bad, it depends on how strong and sustained the punching is.
And he did get off, the ENTIRE 18 MONTHS was suspended by the judge because "Gards have a provision for leniency".

Honestly, I am shocked that people are defending this.

Show Time · 28-05-2011 04:37PM

hatrickpatrick wrote: »

Dude wtf

The gard had a fight with an "unruly lad"? The guy made one remark.
The equally defenceless guy was knocked out and had internal bleeding in his brain.
Being hit with a bat and being punched could easily be just as bad, it depends on how strong and sustained the punching is.
And he did get off, the ENTIRE 18 MONTHS was suspended by the judge because "Gards have a provision for leniency".

Honestly, I am shocked that people are defending this.

This "unruly" lads only crime was to comment on a shirt looking a bit gay.
Not some thing to lose the head over really as comments go on a night out.

hatrickpatrick · 28-05-2011 04:37PM

Pandora2 wrote: »

And therein lies the rub!!

I believe the issue at hand is the legal provision that An Garda Siochana are entitled to consideration, in the matter of sentencing, as a result of the nature of their work. Legal provision is made and it was taken into consideration therefore the sentence is just, imo. Should that provision be redacted from the law as it stands is an entirely different question.

That's what I'm attacking, the law itself. The fact that apparently some sections of society have a right to knowingy break the law and get away with it while others don't.

Dub. · 28-05-2011 04:38PM

sdonn wrote: »

Not really. The Garda had a fight with an unruly lad and the other guy ended up knocked out. Also, he didn't get off, he was sentenced to 18 months, with 12 of those suspended.

The Prison officer beat his defenceless wife half to death with a baseball bat.

Bit of a difference there lad.

Looking at it another way, the prison officer`s wife was conscious enough to escape out the window and raise the alarm, while the cop walked away from his unconscious victim without even ringing an ambulance.

I reckon justice would have been served by giving them both a similar sentence.

Mr.Micro · 28-05-2011 05:25PM

jonsnow wrote: »

http://www.newstalk.ie/2011/news/prison-officer-jailed-for-vicious-assault-on-wife/

A prison officer has been jailed for 6 years after admitting battering his wife on the head with a baseball bat in a brutal and savage attack.

Morris was jailed for 8 years with the final 2 suspended.

I guess the "principle of law" wasn,t enough to save this guy from his actions

He should appeal straight away and try and get the case heard in Cork and he can cite the same reasons as the Garda.

charlemont · 28-05-2011 06:36PM

http://www.independent.ie/national-news/courts/drama-as-mother-collapses-in-court-2659528.html

This an utter shameful example of using his family for sympathy, Its a pity she wasnt held in contempt of court.

archer22 · 28-05-2011 07:39PM

Amazes me how those big "tough" Gardai turn into whimpering little cry babies when they see a prison cell waiting for them seems everyone of them turn into little girls when faced with that prospect

.

Roman Emperor · 28-05-2011 07:50PM

Dub. wrote: »

Looking at it another way, the prison officer`s wife was conscious enough to escape out the window and raise the alarm, while the cop walked away from his unconscious victim without even ringing an ambulance.

I reckon justice would have been served by giving them both a similar sentence.

The guard made a mistake...a serious mistake.

AudreyHepburn · 28-05-2011 07:51PM

Ok in spite of my earlier comments I do think Garda Foley should have been locked up.

I am just afraid that people will let Garda Foley colour their view of the entire Garda Siochana which would be highly unfair, since the attack had nothing to do with Foley's profession and the mitigation clause is law and so not something the Gardai actually have any control over as regards changing it.

Of course they are well withing their legal rights to avail of it if they wish, but again in this case perhaps the Judge should have refused.

cordub · 28-05-2011 07:54PM

Mr.Micro wrote: »

He should appeal straight away and try and get the case heard in Cork and he can cite the same reasons as the Garda.

his case was held in cork and if im not mistaken by the SAME JUDGE :mad::mad::mad:

cordub · 28-05-2011 08:01PM

AudreyHepburn wrote: »

Ok in spite of my earlier comments I do think Garda Foley should have been locked up.

I am just afraid that people will let Garda Foley colour their view of the entire Garda Siochana which would be highly unfair, since the attack had nothing to do with Foley's profession and the mitigation clause is law and so not something the Gardai actually have any control over as regards changing it.

Of course they are well withing their legal rights to avail of it if they wish, but again in this case perhaps the Judge should have refused.

glad to see that you do think this person should have been locked up the same as any other member of the public who commits assault. In no way do i think and Im sure any resonable person would allow this instance to taint their views on the majority of good Gardai. The Legal system once again is wrong as it was in the case of allowing Garda MC Callions killer to walk free and remember this was a garda doing his job and because of his job died

!!!The system needs a good overhall in the interest of fairness to all who break laws irreguardless of your profession or background !!!!

Liam Byrne · 28-05-2011 09:49PM

hatrickpatrick wrote: »

And did it cause internal head trauma too?

Being hit three times with a baseball bat could easliy be less severe than repeated punches from a strong person, it depends on the force and length of time. From all accounts this Gard incident was a sustained attack.

Being hit with a baseball bat (or any weapon) makes it a LOT worse.

True, the consequences could be similar or worse, but as with everything in life it's about the level of "intent".

Losing the head and hitting someone is completely different to going off to find a weapon and then lashing out with it.....there's a word for people who do that, and as far as I know boards doesn't like us using it.

citizen_p · 28-05-2011 09:53PM

https://www.youtube.com/watch?v=T-jXe0x4YdM

hatrickpatrick · 28-05-2011 09:55PM

Roman Emperor wrote: »

The guard made a mistake...a serious mistake.

A mistake.
Would you say that about every other drunken assailant who makes a mistake and seriously injures someone in rage?

end a eknny · 28-05-2011 09:57PM

seems strange that somebody gets off because jail would be too tough. is that not the whole idea. it must be reassuring for thoe who are charged with upholding the law are immune from prison when they break those same laws

It's official: Gardai are above the law.

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