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Guilty of unprovoked metal bar attack - walks free

  • 27-11-2013 01:27AM
    #1
    Registered Users, Registered Users 2 Posts: 1,377 ✭✭✭lightspeed


    Yet again, we live in country where it is seen as almost morally wrong to jail somebody for a vile violent crime. The below sounds more like attempted murder and he walks a free man.

    http://www.independent.ie/irish-news/courts/teacher-weeps-in-court-as-her-attacker-walks-free-29783407.html

    "A FEMALE teacher wept in court as the security guard of a ghost estate who carried out an unprovoked and savage attack on her walked free.

    Alan Kilmartin (33) had pleaded guilty to assault causing harm of the woman at Acha Bhaile, Lahinch Road, Ennis on March 2, 2012.

    He came into her home late in the evening and repeatedly hit her across the head with a metal bar. But Kilmartin, of Davitt Terrace, Cloughleigh, Ennis, walked free after Judge Carroll Moran imposed a suspended three-year sentence.

    In the incident, Kilmartin called to the woman's home between 8.30pm and 9pm on the pretext of telling her that youths were interfering with her car, and asked her to check her water pressure.

    However, after the woman had checked the water pressure, Mr Kilmartin had moved into her hallway and began to strike the woman repeatedly across the head with a metal bar.

    Kilmartin repeatedly hit his victim across the head with the metal bar and the court was told that Mr Kilmartin kept telling the woman to "shut up, shut up" as he continued to hit her across the head.

    After the man carried out the attack, he told the woman: "I'm sorry for what I have done" and "You call the gardai".

    Shortly afterwards he left the apartment.

    Father-of-two Kilmartin spent 22 days in the acute psychiatric unit in Ennis after the attack.

    In her victim impact statement, the woman said: "People say I'm lucky to be alive. I don't feel lucky. I was attacked in my home and I feel that that memory will always haunt me."

    Recalling the attack, the woman said: "I fell to my knees and Mr Kilmartin kept hitting me over the head with the bar. It was incessant and I thought he would not stop until I was dead."

    She said: "I believe his motives that night was to concuss me and to rape me."

    The victim suffered very serious bruising to her head, three very severe lacerations and fractures to her fingers.

    Consultant psychiatrist, Dr John O'Mahony said that Kilmartin was suffering from a depressive disorder at the time of the attack and "is extremely remorseful".

    Dr O'Mahony said that Kilmartin "can't explain his actions. It is abhorrent to him".

    Dr O'Mahony said that a colleague thought Kilmartin's actions may be connected to para-somnia that is associated with people suffering from sleep disorders.

    He said that no finding was made in this regard, however.

    Kilmartin told the court yesterday: "I am sorry for my actions."

    At Ennis Circuit Court, Judge Moran said: "It was a very savage attack. The injured party was very severely traumatised and she suffered very serious trauma."

    Judge Moran said that Kilmartin has "no other convictions and he lost his job".

    He said: "This was very odd behaviour and very difficult to understand and this is why I was interested to obtain the psychiatric evidence."

    Judge Moran suspended the jail term on condition that Kilmartin complies with all requirements as set out by Dr O'Mahony.

    The victim declined to comment when leaving court."

    :mad::mad:
    I dont think it is a coincidence that the prisons are overcrowded, the country is flat broke and the judges in this country do all within their power to prevent themselves the inconvenience of punishing vile and violent crimes.


«134

Comments

  • Registered Users, Registered Users 2 Posts: 3,646 ✭✭✭washman3


    Banana Republic.:mad:


  • Registered Users, Registered Users 2 Posts: 4,083 ✭✭✭meoklmrk91


    What the actual ****?

    Seriously so someone can come into my home, assault me with a potentially deadly weapon and walk free. I feel really sorry for this woman, after going through all this and then having to go back into court and drag the whole thing back up again and he gets a suspended sentences? Seriously what is the point of being a law abiding citizen in this country?


  • Registered Users, Registered Users 2 Posts: 744 ✭✭✭dpofloinn


    Welcome to Ireland,a land where scumbags can do as they please because there will be no reprecussions .There is no law unless you are an ordinary law abiding citizen, then we will come down on you like a ton of bricks


  • Closed Accounts Posts: 5,628 ✭✭✭Femme_Fatale


    washman3 wrote: »
    Banana Republic.:mad:
    Interesting take. http://en.wikipedia.org/wiki/Banana_republic

    Poor woman. Suspended sentence, even if the guy was temporarily insane when he did it, seems grossly unjust.
    meoklmrk91 wrote: »
    Seriously so someone can come into my home, assault me with a potentially deadly weapon and walk free.
    Probably not as simple as that.
    dpofloinn wrote: »
    There is no law unless you are an ordinary law abiding citizen, then we will come down on you like a ton of bricks
    For what? Just being an ordinary law abiding citizen?


  • Registered Users, Registered Users 2 Posts: 744 ✭✭✭dpofloinn



    For what? Just being an ordinary law abiding citizen?

    OK so pedantic Pat(ricia) I will edit that just for you it so it will read ordinary citizen as you seem to have taken issue with my phrasing


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  • Closed Accounts Posts: 4,116 ✭✭✭RDM_83 again


    I do not agree with the sentencing, the fact that its only 3 years seems low he should have been sentenced to a higher amount even if the sentence was suspended so he would have to comply with any court ordered psyciatric treatment for the foreseeable future.

    My point being if his defense and the judges ruling is legitimate shouldn't he be mandated to prevent a possible re-occurrence for longer than simply 3 years.

    I would guess this added to his defense/ the interpretation of a psychiatric issue being the cause.

    After the man carried out the attack, he told the woman: "I'm sorry for what I have done" and "You call the gardai"


  • Registered Users, Registered Users 2 Posts: 127 ✭✭Kikin


    Clear error of judgement made in our courts yet again, whether the man has a psychiatric disorder or not he should not be walking the streets now


  • Closed Accounts Posts: 1,305 ✭✭✭131spanner


    Proves again that insanity is the best defence. He should have been put away for a long, long time.


  • Closed Accounts Posts: 16,391 ✭✭✭✭mikom


    What's everybodies problem?
    We need the space in the prisons for the more dangerous offenders.
    Figures released from Alan Shatter, the justice minister, show 132 people were jailed for failure to pay TV licence fines.
    Between March and December last, 132 people received jail sentences.

    http://www.irishexaminer.com/news/surge-in-jail-terms-linked-to-tv-licences-180932.html

    #backwardsland


  • Closed Accounts Posts: 361 ✭✭Filibuster


    FFS didn't we vote on this in a referendum not so long ago. Start docking the pay of these non-performing judges.


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  • Registered Users, Registered Users 2 Posts: 10,265 ✭✭✭✭Borderfox


    Have to say I would be outside the court waiting on him with a similar sized metal bar


  • Site Banned Posts: 14 Beavishead


    Would it make you happier if an angry mob was allowed to beat him to death?


  • Closed Accounts Posts: 4,023 ✭✭✭shedweller


    Beavishead wrote: »
    Would it make you happier if an angry mob was allowed to beat him to death?
    I'd be mildly alarmed. I think an equal beating would be better. At least precedent has been set and we now know we won't go to jail for it. Just say we were in a fugue state and all will be well. Except for yer mans face of course.


  • Registered Users, Registered Users 2 Posts: 1,757 ✭✭✭Deliverance XXV


    Am I the only person that thinks this should've been trialled as attempted murder?

    An unprovoked attack with premeditated intent (carrying metal bar...), entering her home with said weapon and hitting her repeatedly over the head. Three years suspended. Seriously? Insane or not, this guy should not be walking the streets.

    I wish the Justice Department had a set of balls to suspend the Judge and retrial the offender. Set some sort precedent and authority to protect the general citizen.


  • Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 60,387 Mod ✭✭✭✭Wibbs


    mikom wrote: »
    What's everybodies problem?
    We need the space in the prisons for the more dangerous offenders.
    Ahh but Mik, that's defrauding the state and you really don't want to be encouraging that in society, so as long as you pay your taxes like a good little citizen then you'll be OK. Beat people up, rob them? You'll be grand.

    Many worry about Artificial Intelligence. I worry far more about Organic Idiocy.



  • Registered Users, Registered Users 2 Posts: 19,801 ✭✭✭✭suicide_circus


    Misleading title.
    Thought this was about a scrap in fibbers


  • Registered Users, Registered Users 2 Posts: 10,265 ✭✭✭✭Borderfox


    Beavishead wrote: »
    Would it make you happier if an angry mob was allowed to beat him to death?

    Not really, I will stick with my original statement


  • Posts: 81,308 CMod ✭✭✭✭ Carolyn Tasty Bellboy


    Will those people who appeal these things appeal it maybe
    Dept of somethingorother


  • Registered Users, Registered Users 2 Posts: 898 ✭✭✭petrolcan


    Borderfox wrote: »
    Have to say I would be outside the court waiting on him with a similar sized metal bar

    I'll bet you wouldn't.


  • Closed Accounts Posts: 13,925 ✭✭✭✭anncoates


    Will she manage to get a barring order against him?


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  • Closed Accounts Posts: 19,320 ✭✭✭✭Chucky the tree


    Am I the only person that thinks this should've been trialled as attempted murder?

    An unprovoked attack with premeditated intent (carrying metal bar...), entering her home with said weapon and hitting her repeatedly over the head. Three years suspended. Seriously? Insane or not, this guy should not be walking the streets.

    I wish the Justice Department had a set of balls to suspend the Judge and retrial the offender. Set some sort precedent and authority to protect the general citizen.



    Not sure how it could be considered attempted murder when he stopped the attack while she was still concious.


  • Registered Users, Registered Users 2 Posts: 12,564 ✭✭✭✭whiskeyman


    Do these kinds of judicial outcomes happen in other 'developed' nations, or is just here??


  • Moderators, Society & Culture Moderators Posts: 12,622 Mod ✭✭✭✭Amirani


    whiskeyman wrote: »
    Do these kinds of judicial outcomes happen in other 'developed' nations, or is just here??

    It's not just here. Some people like to convince themselves that's the case though for some reason? :confused:


  • Banned (with Prison Access) Posts: 3,214 ✭✭✭chopper6


    Not sure how it could be considered attempted murder when he stopped the attack while she was still concious.


    Very decent of him.

    He attacked a woman by beating her on the head with a metal object....did it not occur to him that one blow to the head can cause death?

    An injury to the head can cause delayed swelling or clotting in the brain so she may have been consious when he nicely called off the attack but she could have died later on.



    If she's died without him intending her to the charge would have been murder or manslaughter...if she's been left with irreperable braindamage do you still feel he acted like a hero in stoppingthe assault before atual death.

    In america this would be considered assault with a deadly weapon or attempted murder in the first degree( premeditated and using a weapon)....he could have been looking at a possible life sentence in some states.

    As far as i'm concerned people like him should rot in jail.


  • Closed Accounts Posts: 19,320 ✭✭✭✭Chucky the tree


    chopper6 wrote: »
    Very decent of him.

    He attacked a woman by beating her on teh head with a meatal object....did it not occur to him that one blow to the head can cause death?

    If she's died without him intending her to the charge would have been murder or manslaughter...if she's been left with irreperable braindamage do you still feel he acted like a hero in stoppingthe assault before aftual death.

    In america this would be considered assault with a deadly weapon or attempted murder in the first degree( premeditated and using a weapon).

    As far as i'm concerned people like him should rot in jail.


    You need to go back to school and learn to read or else basic comprehension skills.


  • Registered Users, Registered Users 2, Paid Member Posts: 14,187 ✭✭✭✭kowloon


    She could always go smash him up with a metal bar. She can say she has a psychiatric issue caused by that one time someone tried to kill her with a metal bar. She'd get a suspended sentence and the counselling she probably needs anyway for free.


  • Posts: 25,909 ✭✭✭✭ [Deleted User]


    I will never understand how so few cases are tried as attempted murder.
    Stabbing (not slashing, other than the neck.
    Hammer
    Machete
    Head-stamping
    Blunt weapon use on the head.
    I keep coming across cases involving such things that are prosecuted only as assault and the excuse is that a jury wouldn't find them guilty of more.

    Ugh, this country.


  • Banned (with Prison Access) Posts: 3,214 ✭✭✭chopper6


    You need to go back to school and learn to read or else basic comprehension skills.

    What's my schooling got to do with this thread?


  • Banned (with Prison Access) Posts: 3,214 ✭✭✭chopper6


    I will never understand how so few cases are tried as attempted murder.
    Stabbing (not slashing, other than the neck.
    Hammer
    Machete
    Head-stamping
    Blunt weapon use on the head.
    I keep coming across cases involving such things that are prosecuted only as assault and the excuse is that a jury wouldn't find them guilty of more.

    Ugh, this country.

    One punch can kill somebody...you can hit the back of your skull off the grounnd and be dead in ten minutes.

    Using weapons in an unprovoked assault should be treated as attempted murder.


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  • Posts: 25,909 ✭✭✭✭ [Deleted User]


    chopper6 wrote: »
    One punch can kill somebody...you can hit the back of your skull off the grounnd and be dead in ten minutes.

    Using weapons in an unprovoked assault should be treated as attempted murder.

    So clipping someone's shins with a hurley stick is attempted murder?


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