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Barristers & garda in fistycuffs

  • 08-10-2011 05:59PM
    #1
    Closed Accounts Posts: 10,562 ✭✭✭✭


    http://www.herald.ie/news/barrister-faces-charges-after-scuffle-with-garda-in-courtroom-rumpus-2898134.html

    AGGRIEVED: Barrister Alan Toal is now seeking legal adviceORDER: Judge Murrough
    Connellan stood firm Gardai intend to press assault charges against a well-known barrister after he was involved in a bizarre courtroom scuffle with a garda.
    Barrister Alan Toal -- who represented slain gangland boss Eamon Dunne -- spent 15 minutes in a holding cell at Bray District Court after he ended up scuffling on the ground with a garda in front of shocked onlookers in the court room.
    But in an exclusive interview with the Herald today, Mr Toal said he is taking legal advice after the incident which left him with scratches, marks and bruises.
    He said he is now seeking legal advice "in all dimensions" about the incident.
    Mr Toal said that if he was arrested in relation to the incident, he would subpoena Judge Connellan as a witness.
    "He is as answerable to a subpoena as anybody else, and if he did not respond I could apply to secure his attendance," he said.
    The incident unfolded shortly before midday yesterday during a family law sitting of the court when a client of Mr Toal arrived late for a court case.
    Presiding Judge Murrough Connellan had ordered that no one else was to enter the courtroom as family law matters are held in private, with only people directly involved in the court case allowed in the court.
    Mr Toal argued against the judge's order stating that his client and a solicitor involved in the case should be allowed in the courtroom. However Judge Connellan insisted no one else was to enter. Mr Toal continued to argue against the judge's order and refused to sit down when ordered to.
    Judge Connellan then asked Mr Toal to leave the courtroom but the barrister refused and a garda approached the barrister on the orders of the judge.
    A scuffle ensued and the two men fell on the ground, after which the garda was left with a torn shirt.



    Detained
    Garda reinforcements were called and Mr Toal was removed to a courtroom holding cell after Judge Connellan ordered his detention. Mr Toal was detained there for 15 minutes before being brought back before the judge, where he apologised to the garda whom he scuffled with but refused to apologise to the judge.
    Today, the barrister explained that he was representing a family law case in front of Judge Murrough Connellan yesterday morning and the court had been cleared of everyone but those involved directly in another case.
    "Three people arrived late and the judge ask that they not be allowed in, so I explained that one was my solicitor and one was my client," said Mr Toal. "When I refused to sit down he asked that I be taken from the court.
    "One garda came to me and I said 'take your hands off me please I am entitled to advise the court' and then all the back-up came," Mr Toal added.
    "I was dragged to the cells and locked up against my will," he added.
    Mr Toal was later brought back before Judge Connellan.
    "He said the resolution of the matter was up to me and I told him that what had happened was a disgrace, and then he replied 'you won't lecture me'."
    "I refused to apologise and he told me I would have to withdraw from his court, which I said I would do happily," said Mr Toal, who is a former garda and has been a practising barrister for almost 20 years.
    hnews@herald.ie


    :eek::eek: Is it not a bad state of affairs when the Barristers and gardai are getting involved in fistycuffs in a court of law,What will the criminals think :confused: thats there job ;)


«1

Comments

  • Registered Users, Registered Users 2 Posts: 25,626 ✭✭✭✭My name is URL


    He sounds like as much of a scumbag as the clients he represents


  • Closed Accounts Posts: 19,967 ✭✭✭✭mikemac


    The barrister is picking up some habits from his gangland clients, maybe he needs a suspension from the courts


  • Closed Accounts Posts: 1,541 ✭✭✭Gee Bag


    realies wrote: »
    But in an exclusive interview with the Herald today, Mr Toal said he is taking legal advice after the incident which left him with scratches, marks and bruises.

    He can't be much of a barrister if he doesn't know that your not supposed to fight guards in a courtroom............you do it outside Copperface Jacks


  • Registered Users, Registered Users 2 Posts: 28,787 ✭✭✭✭ScumLord


    realies wrote: »

    But in an exclusive interview with the Herald today, Mr Toal said he is taking legal advice after the incident which left him with scratches, marks and bruises.
    He said he is now seeking legal advice "in all dimensions" about the incident.

    "I was dragged to the cells and locked up against my will," he added.

    Are they sure this guy is actually a solicitor? he seems a bit naive about the whole law/courts thing.


  • Closed Accounts Posts: 9,273 ✭✭✭Morlar


    I don't see how that reflects badly on the Garda, he reacted to extreme provocation. The Barrister is the one in that story with no respect for the Irish legal system.


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  • Registered Users, Registered Users 2 Posts: 1,226 ✭✭✭Dan133269


    ScumLord wrote: »
    Are they sure this guy is actually a solicitor? he seems a bit naive about the whole law/courts thing.

    :D:D:D


  • Registered Users, Registered Users 2 Posts: 6,630 ✭✭✭jaykay74




  • Registered Users, Registered Users 2 Posts: 2,921 ✭✭✭Remmy


    ScumLord wrote: »
    Are they sure this guy is actually a solicitor? he seems a bit naive about the whole law/courts thing.

    Barrister...But that post was pure gold.:D


  • Registered Users, Registered Users 2 Posts: 2,921 ✭✭✭Remmy


    I guess all the advocacy he was doing was really stressful and it finally took it's toal.


  • Registered Users, Registered Users 2 Posts: 1,184 ✭✭✭Fozzie Bear


    A quick Google of Alan Toal turned up this. Seems like he is not too dissimilar to some of those he represents...

    "Barrister Alan Toal, who was driving without insurance when he was
    involved in a fatal accident, told Dublin Circuit Court that he was
    being hounded by the father of the man who had died in the accident.
    Following the death of Peter Casey in 1992, Sean Casey of Sandycove,
    Co. Dublin, took legal action against Toal. This was eventually
    settled out of court late last year with the payment of IR6k to Mr
    Casey. Mr Toal succeeded in obtaining an ex parte injunction
    restraining Mr Casey from making any further approaches."


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  • Registered Users, Registered Users 2 Posts: 28,787 ✭✭✭✭ScumLord


    Remmy wrote: »
    Barrister...But that post was pure gold.:D
    I should have used the technical term that covers them all. *****.


  • Closed Accounts Posts: 46,938 ✭✭✭✭Nodin


    Wigs on the green.


  • Closed Accounts Posts: 8,017 ✭✭✭Mike 1972


    Mr Toal said he is taking legal advice
    Gee Bag wrote: »
    He can't be much of a barrister if he doesn't know that your not supposed to fight guards in a courtroom

    Or if he needs to take legal advice on the matter :confused:
    Gee Bag wrote: »
    .....you do it outside Copperface Jacks

    Its perfectly legal there ???

    Is that like the law they have in Jamacia where its legal to shoot a Sherrif but theyll hang you if you shoot a Deputy ?


  • Closed Accounts Posts: 19,967 ✭✭✭✭mikemac


    Lionel Hutz


  • Registered Users, Registered Users 2 Posts: 12,487 ✭✭✭✭For Forks Sake


    mikemac wrote: »
    Lionel Hutz

    Care to join me in a belt of scotch?



  • Closed Accounts Posts: 1,541 ✭✭✭Gee Bag


    Mike 1972 wrote: »


    Its perfectly legal there ???

    Is that like the law they have in Jamacia where its legal to shoot a Sherrif but theyll hang you if you shoot a Deputy ?

    I guarantee you it's 100% legal outside Copperface Jacks. As a bonus if you win the fight you get to go home with the nurse the guard has been chatting up all night


  • Closed Accounts Posts: 1 lucy123


    As a professional, I am ashamed to have had a close colleague witness the disgraceful unfolding of events that occurred in Bray District Court.
    The solicitor and client which were removed from the court had as much right as every other person in that courtroom and Counsel was correct to insist they were permitted into the Courtroom.
    The Judge exceeded his powers and ordered an unlawful detention of a member of the Bar.
    The garda was acting upon an Order of the Judge. I beg to refer to the authority upon which the Judge had to make such an Order?! - I am yet to find same.
    The garda took an Order from a Judge, knowing the Counsel in question had done nothing. He was then assisted by further Members of An Garda Siochana and detained Counsel in a holding cell.
    Might, I remind this country, this Counsel was merely carrying out his duties as a representative of his clients. I have no association nor am affiliated with this particular Member of the Bar, but I am taking this opportunity to express that no person, irrespective of their status should be subjected to such ill treatment from our Judicial System.
    This could very easily been your legal representative!


  • Registered Users, Registered Users 2 Posts: 324 ✭✭Unique User Name


    What about his client? So he turned up ready to roll, then he finds eh my barrister is in the cells? Judge can we resit at another time..... please????


  • Closed Accounts Posts: 4,012 ✭✭✭kincsem


    First post lucy123. Don't be ashamed.


  • Registered Users, Registered Users 2 Posts: 12,487 ✭✭✭✭For Forks Sake


    lucy123 wrote: »
    I have no association nor am affiliated with this particular Member of the Bar

    Hmmmm.......
    This could very easily been your legal representative!

    I doubt it somehow.


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  • Site Banned Posts: 2,037 ✭✭✭paddyandy


    mike1972

    Is that like the law they have in Jamacia where its legal to shoot a Sherrif but theyll hang you if you shoot a Deputy ?[/QUOTE]Many Jamaicans regret the loss of british rule ....they are not able to run a police service apparently.


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    lucy123 wrote: »
    As a professional, I am ashamed to have had a close colleague witness the disgraceful unfolding of events that occurred in Bray District Court.
    The solicitor and client which were removed from the court had as much right as every other person in that courtroom and Counsel was correct to insist they were permitted into the Courtroom.
    The Judge exceeded his powers and ordered an unlawful detention of a member of the Bar.
    The garda was acting upon an Order of the Judge. I beg to refer to the authority upon which the Judge had to make such an Order?! - I am yet to find same.
    The garda took an Order from a Judge, knowing the Counsel in question had done nothing. He was then assisted by further Members of An Garda Siochana and detained Counsel in a holding cell.
    Might, I remind this country, this Counsel was merely carrying out his duties as a representative of his clients. I have no association nor am affiliated with this particular Member of the Bar, but I am taking this opportunity to express that no person, irrespective of their status should be subjected to such ill treatment from our Judicial System.
    This could very easily been your legal representative!

    While I agree any order by the Court to exclude a solicitor and or client with out good cause is incorrect, and I do not believe that tardiness is a good reason. In my opinion as a barrister the correct action of counsel, is to inform the court that it is acting outside it's jurisdiction, and to inform the court that you have no option but to leave the court and seek the assistance of a higher court. It is not decent for counsel, judges or garda to let what could be seen to be ego get in the way of the application of the law.

    If I was ever in that situation, I would leave court, head straight for the HC and seek judicial review of the DC decision. Also I would regrettable seek an order prohibiting that DJ from hearing the action.


  • Registered Users, Registered Users 2 Posts: 8,659 ✭✭✭CrazyRabbit


    Mr Toal said he is taking legal advice after the incident
    Mr Toal can't be much of a barrister if he needs to seek legal advice from someone else.


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Mr Toal can't be much of a barrister if he needs to seek legal advice from someone else.

    A fool takes himself as a client. I am a barrister, I would always employ a solicitor and barrister if I found my self in that situation, you need to have someone who is not emotionally attached to the issue giving you advice.


  • Registered Users, Registered Users 2 Posts: 5,933 ✭✭✭Logical Fallacy


    Morlar wrote: »
    I don't see how that reflects badly on the Garda, he reacted to extreme provocation. The Barrister is the one in that story with no respect for the Irish legal system.

    You'd think a Gardai would be easily able to handle some bookworm though.:D


  • Registered Users, Registered Users 2 Posts: 27,565 ✭✭✭✭steddyeddy


    A fool takes himself as a client. I am a barrister, I would always employ a solicitor and barrister if I found my self in that situation, you need to have someone who is not emotionally attached to the issue giving you advice.

    Thats understanble and I assume different barristers are expert in various areas of the law.


  • Moderators, Category Moderators, Recreation & Hobbies Moderators, Sports Moderators, Paid Member Posts: 37,333 CMod ✭✭✭✭ShamoBuc


    You'd think a Gardai would be easily able to handle some bookworm though.:D

    Before being a 'bookworm' he was a Garda himself!


  • Registered Users, Registered Users 2 Posts: 1,867 ✭✭✭UglyBolloxFace


    A fool takes himself as a client. I am a barrister, I would always employ a solicitor and barrister if I found my self in that situation, you need to have someone who is not emotionally attached to the issue giving you advice.

    I think you mean - "a person who represents himself has a fool for a client".


  • Banned (with Prison Access) Posts: 528 ✭✭✭Jake Rugby Walrus666


    I think "Lucy" that the Judge calls the shots. That's the way Court works, isn't it?


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  • Closed Accounts Posts: 8,702 ✭✭✭squod


    Some more judges making the news after petitions were made by TDs on their ' behalf to the justice minister. Story in todays Times tells of barristers approaching members of the Dail in hope of making judge. Seems very shady to me. Wonder will FG do anything about these findings.


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