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Irish justice system fails again

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Comments

  • Banned (with Prison Access) Posts: 18,300 ✭✭✭✭Seaneh


    D1stant wrote: »
    If he is innocent why did he indicate he would plead guilty to child pornography advertising & distribution? Why would he not fight the case in Ireland?

    Because if I had the choice of being tried in Ireland, pleading guilty and doing a few years in jails vs being tried in the US and being found guilty and spending the rest of my life in a federal prison, I'd plead guilty too.

    IF tried here he could appeal in future, if tried in the US, he is ****ed.


  • Registered Users, Registered Users 2 Posts: 10,962 ✭✭✭✭dark crystal


    Seaneh wrote: »
    Indeed.

    Reactionary nonsense suggesting that we ignore the reason why we have a separation between the government and the judiciary.

    Reactionary nonsense?

    It's the minister who has the power to decide whether or not to refuse an extradition under section 17 of the extradition act, where the DPP have decided not to bring proceedings against a suspect. Nothing reactionary about it.


  • Banned (with Prison Access) Posts: 18,300 ✭✭✭✭Seaneh


    The court system ultimately decides if somebody is extradited, and rightfully so.

    The minister decides if the request is worth sending to the court, nothing more.

    Thank f*ck.


  • Moderators, Society & Culture Moderators Posts: 12,623 Mod ✭✭✭✭Amirani


    Reactionary nonsense?

    It's the minister who has the power to decide whether or not to refuse an extradition under section 17 of the extradition act, where the DPP have decided not to bring proceedings against a suspect. Nothing reactionary about it.

    I think you're misinterpreting. It gives the minister power to refuse a request on certain grounds, it doesn't give him power to grant a request.


  • Registered Users, Registered Users 2 Posts: 1,806 ✭✭✭D1stant


    Seaneh wrote: »
    Because if I had the choice of being tried in Ireland, pleading guilty and doing a few years in jails vs being tried in the US and being found guilty and spending the rest of my life in a federal prison, I'd plead guilty too.

    IF tried here he could appeal in future, if tried in the US, he is ****ed.

    That's nonsensical. You said he was innocent. If he is innocent then why plead guilty in Ireland? If he is found guilty he gets 14 years max. If innocent he is free and thats that.


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  • Banned (with Prison Access) Posts: 18,300 ✭✭✭✭Seaneh


    D1stant wrote: »
    That's nonsensical. You said he was innocent. If he is innocent then why plead guilty in Ireland? If he is found guilty he gets 14 years max. If innocent he is free and thats that.

    BECAUSE ITS BETTER TO DO THE TIME HERE THAN IN THE US.

    He was probably advised by his solicitors that is he isn't tried in Ireland he WILL be extradited and once he's extradited, he's ****ed.

    The US Justice system is a farce, it's one of the most ridiculous systems on the planet. There is a reason that America has less that 5% of the population of the planet but still houses 25% of the earth's prison population. More than China, Russia and India combined. In the US it's not about who's guilty or innocent, it's all just pantomime.


  • Moderators, Society & Culture Moderators Posts: 12,623 Mod ✭✭✭✭Amirani


    D1stant wrote: »
    That's nonsensical. You said he was innocent. If he is innocent then why plead guilty in Ireland? If he is found guilty he gets 14 years max. If innocent he is free and thats that.

    The article mentions that he was willing to plead guilty on "several counts", not "all counts" which is obviously crucial. Surely you'll agree there's a difference between playing a passive role and an active role in facilitating illegal content online?


  • Registered Users, Registered Users 2 Posts: 1,806 ✭✭✭D1stant


    The article mentions that he was willing to plead guilty on "several counts", not "all counts" which is obviously crucial. Surely you'll agree there's a difference between playing a passive role and an active role in facilitating illegal content online?

    I do agree. But I do not understand why he would plead guilty if he is above board. I do not find it credible that he didn't know he was hosting child-porn. And I think the Irish system should have prosecuted him.

    Maybe he 'just' facilitated it?


  • Registered Users, Registered Users 2 Posts: 1,806 ✭✭✭D1stant


    Seaneh wrote: »
    BECAUSE ITS BETTER TO DO THE TIME HERE THAN IN THE US.

    He was probably advised by his solicitors that is he isn't tried in Ireland he WILL be extradited and once he's extradited, he's ****ed.

    The US Justice system is a farce, it's one of the most ridiculous systems on the planet. There is a reason that America has less that 5% of the population of the planet but still houses 25% of the earth's prison population. More than China, Russia and India combined. In the US it's not about who's guilty or innocent, it's all just pantomime.

    No disagreement on the US system

    But you are surmising a lot here.

    a) He is innocent
    b) But the Irish court would have found him guilty
    c) His legal team advised him to plead guilty in Ireland


  • Registered Users, Registered Users 2 Posts: 14,681 ✭✭✭✭P_1


    Out of interest does anybody else have a slight unease at the FBI seemingly interfering with the justice system of our country?


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  • Banned (with Prison Access) Posts: 18,300 ✭✭✭✭Seaneh


    D1stant wrote: »
    No disagreement on the US system

    But you are surmising a lot here.

    a) He is innocent
    b) But the Irish court would have found him guilty
    c) His legal team advised him to plead guilty in Ireland

    The Irish system probably would have found him guilty, yes, but they would probably also find boards guilty in a liable case.

    That doesn't mean he's actually guilty, it just means the laws, or the judges interpretation of it, is a load of ****.

    He didn't *DO* anything, besides commit tax evasion.

    He SHOULD be tried for that, found guilty and heavily fined.


  • Registered Users, Registered Users 2 Posts: 20,299 ✭✭✭✭MadsL


    P_1 wrote: »
    Out of interest does anybody else have a slight unease at the FBI seemingly interfering with the justice system of our country?

    They aren't beyond requesting extradition, beyond that police forces co-operate all over the world.


  • Registered Users, Registered Users 2 Posts: 2,294 ✭✭✭thee glitz


    Was this lad even in the US?


  • Closed Accounts Posts: 3,465 ✭✭✭Sir Humphrey Appleby


    D1stant wrote: »
    But as I understand he will almost definitely be extradited for a much longer sentence in the US (at their expense). Let him rot.

    He almost certainly will not now be extradited due to the huge differential in sentences between here and the US.


  • Registered Users, Registered Users 2 Posts: 4,499 ✭✭✭Capri


    'Bit harsh' or....:eek:

    http://www.thanhniennews.com/index/pages/20131220-corruption-means-death-sometimes.aspx
    In Vietnam corruption means death, sometimes...

    On November 15, a Ho Chi Minh City court sentenced a former banker and his business associate to death for siphoning off millions of dollars in a major loan scam that caused the Vietnam Bank for Agriculture and Rural Development VND531 billion (US$25.1 million) in losses.

    On December 16, a Hanoi court handed down death sentences to two former bosses of the state-run Vietnam National Shipping Lines (Vinalines) for embezzling $476,000 each in a high-profile corruption scam that rocked the country.

    Given that Vietnam’s top echelons have repeatedly tried to assuage people’s fears of rampant graft, the sentences apparently exhibit the political will to repair shattered public confidence. Three death sentences given to former state bigwigs in a matter of one month is indeed rare in a country where a number of current anti-corruption measures have been dismissed as window dressings..........


  • Closed Accounts Posts: 5,277 ✭✭✭DamagedTrax


    if he doesnt face charges here then on what grounds can they hold him for extradition? is he not free to just disappear as he's not being charged?

    (not up on legal at all so this aspect is confusing me).


  • Registered Users, Registered Users 2 Posts: 11,690 ✭✭✭✭Skylinehead


    MadsL wrote: »
    They aren't beyond requesting extradition, beyond that police forces co-operate all over the world.

    If he did the crime here, they shouldn't even be doing that and stay out of the Irish justice systems business.


  • Closed Accounts Posts: 27,856 ✭✭✭✭Dave!


    Do we know what other kind of websites he hosts? It seems to me that Tor is used for very little other than child porn, weapons and drug sales, and sundry other illegal stuff.

    I'd also find it a bit implausible that he wouldn't be aware of what he's hosting. However even if he wasn't aware—and his whole model requires his not knowing what he's hosting—he is still responsible.

    If you leave a suitcase open and unmonitored, and tell people that they can put what they want in it, and some unscrupulous person puts drugs in it, you will be prosecuted for drug trafficking. It's not even that you were trying to protect your suitcase and someone snuck the drugs in—he's intentionally closing his eyes and letting people host what they want.

    I gather some security-conscious people use Tor to avoid monitoring/identification by government agencies for legitimate reasons, and his motivation may have been to facilitate this for all I know, but that doesn't mean you get off the hook for the bad stuff.


  • Registered Users, Registered Users 2 Posts: 3,443 ✭✭✭Bipolar Joe


    Dave! wrote: »
    Do we know what other kind of websites he hosts? It seems to me that Tor is used for very little other than child porn, weapons and drug sales, and sundry other illegal stuff.

    I'd also find it a bit implausible that he wouldn't be aware of what he's hosting. However even if he wasn't aware—and his whole model requires his not knowing what he's hosting—he is still responsible.

    If you leave a suitcase open and unmonitored, and tell people that they can put what they want in it, and some unscrupulous person puts drugs in it, you will be prosecuted for drug trafficking. It's not even that you were trying to protect your suitcase and someone snuck the drugs in—he's intentionally closing his eyes and letting people host what they want.

    I gather some security-conscious people use Tor to avoid monitoring/identification by government agencies for legitimate reasons, and his motivation may have been to facilitate this for all I know, but that doesn't mean you get off the hook for the bad stuff.

    If you invite someone into your house, and they take pornographic photos of your children, you should go to prison for provifing a closed environment for that someone, and thus facilitating and producing child pornography..


  • Closed Accounts Posts: 27,856 ✭✭✭✭Dave!


    If you invite someone into your house, and they take pornographic photos of your children, you should go to prison for provifing a closed environment for that someone, and thus facilitating and producing child pornography..

    Not sure if this is a counter-point or a question or what you're getting at here, but anyway—if you invited a stranger (with no background check) into your house, and actively told them that you will not be monitoring what they do while they're there—including while they're alone with your children—and they end up abusing them, then you could certainly be prosecuted for some flavour of child neglect, and I think you'd have a hard time convincing a court that the abuse did not have your tacit approval.

    What about my analogy though?


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  • Registered Users, Registered Users 2 Posts: 11,690 ✭✭✭✭Skylinehead


    Dave! wrote: »
    Do we know what other kind of websites he hosts? It seems to me that Tor is used for very little other than child porn, weapons and drug sales, and sundry other illegal stuff.

    It's also used in oppressive countries with strict Internet policies, I'd count that as a fairly useful trait.


  • Closed Accounts Posts: 27,856 ✭✭✭✭Dave!


    It's also used in oppressive countries with strict Internet policies, I'd count that as a fairly useful trait.
    Yeah true I did mention that. I'm interested in the websites he hosts though, might give us a bit of insight into his motives for closing his eyes. He doesn't live under an oppressive regime himself, so I'm not sure why he couldn't facilitate legitimate websites—and be aware of what he's hosting—for those who do live in such environments. The "see no evil, hear no evil" policy seems to me designed to give him plausible deniability of having hosted something illegal.


  • Registered Users, Registered Users 2 Posts: 37,310 ✭✭✭✭the_syco


    What message does this send out? The world's largest facilitator of child porn was ready and willing to play ball, but sure, there's no need to go any further than that, let's just leave him be.
    Try reading about the case of the darknet.
    Rapidshare etc will remove illegal stuff once it's brought to their attention. This guys inaction in that regard is what has landed him in trouble.
    They only started to remove stuff after they were brought to court over it.
    D1stant wrote: »
    If he is innocent why did he indicate he would plead guilty to child pornography advertising & distribution? Why would he not fight the case in Ireland?
    He probably fears the death penalty in the USA. Easier to fight the case whilst in prison here, than on death row there.
    D1stant wrote: »
    I just don't find it credible that he didn't know there were 100 child-porn sites on his servers
    Because he said he wouldn't look at what was hosted?
    Dave! wrote: »
    Do we know what other kind of websites he hosts? It seems to me that Tor is used for very little other than child porn, weapons and drug sales, and sundry other illegal stuff.
    If your government (eg; China) doesn't want you accessing any info (eg; democracy), then they'll want to stop you from accessing the internet. Stopping access to the darknet is not so easy.
    Dave! wrote: »
    It's not even that you were trying to protect your suitcase and someone snuck the drugs in—he's intentionally closing his eyes and letting people host what they want.
    When someone is afraid that their information would have the state kill them and their families, they'd prefer if no-one knew about the information except certain people.

    http://www.hrw.org/en/reports/2006/08/09/race-bottom
    The report vividly illustrates how various companies, including Yahoo!, Microsoft, Google, and Skype block terms they believe the Chinese government will want them to censor.
    The darknet would allow them to host information that would be otherwised blocked.

    I'm pretty sure that the Supreme Court in the USA has stripped legal protections from government whistleblowers? The darknet would allow whistleblowers to publish their findings without fear of their company finding out that they were the whistleblower by tracking them through their IP address.

    http://thetyee.ca/News/2005/08/04/TelusCensor/
    When Telus blocked Internet subscribers’ access to a pro-union Web site last week, it was condemned for violating principles of free speech.
    How else can the union members organise online meetings without the darknet?

    =-=

    Darknet;
    Originally coined in the 1970s to designate networks which were isolated from ARPANET (which evolved into the Internet) for security purposes, darknets were able to receive data from ARPANET but had addresses which did not appear in the network lists and would not answer pings or other inquiries.


  • Registered Users, Registered Users 2 Posts: 17,060 ✭✭✭✭osarusan


    This was debated in detail on here a few months ago.

    If I remember correctly, the bank account he used to pay for the websites/hosting/whatever was a US bank account, which gives the US jurisdiction over the case too, should the Irish DPP decide not to prosecute.

    This guy has been trying to be prosecuted in Ireland, as sentences would run concurrently rather than consecutively, like in the US. He was in court (or his representatives were) in both October and November arguing that he should be prosecuted in Ireland.

    The DPP deciding not to prosecute hopefully paves the way for his extradition to the US.


  • Registered Users, Registered Users 2 Posts: 37 Bogan


    The Irish Court System showing what it still thinks of these types of crimes after being caught out is scandal after scandal for centuries. Too many perverts still in the system and it's better to keep it hidden under the rug.


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


    Bogan wrote: »
    The Irish Court System showing what it still thinks of these types of crimes after being caught out is scandal after scandal for centuries. Too many perverts still in the system and it's better to keep it hidden under the rug.

    Wait until the Dalkey house of horrors case is investigated properly. That's when you'll see the real extent of cover up in Ireland.


  • Registered Users, Registered Users 2 Posts: 30,016 ✭✭✭✭end of the road


    murica should be told to take a hike, he should be prosecuted here, the fact he apparently used an american bank acount isn't good enough grounds IMO

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



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