Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi all! We have been experiencing an issue on site where threads have been missing the latest postings. The platform host Vanilla are working on this issue. A workaround that has been used by some is to navigate back from 1 to 10+ pages to re-sync the thread and this will then show the latest posts. Thanks, Mike.
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Do you know anyone with a criminal record?

135

Comments

  • Registered Users, Registered Users 2 Posts: 13,503 ✭✭✭✭Mad_maxx


    I wouldn't know but a 1.1 is hardly a dent in your reputation.

    I meant in terms of how you can be viewed by the judiciary and police following a conviction, it leaves you permanently at a disadvantage


  • Registered Users Posts: 859 ✭✭✭Randy Archer


    mick087 wrote: »
    Yes correct anyone who cannot afford legal help then can apply for legal aid.

    I am not suggesting nothing.

    Im stating the rich and powerful will always be able to put up better defence with there expensive legal team for a crime than that of someone on a low wage or unemployed.

    You are saying something, and I am pointing out to you that you are talking bollox . Complete nonsense

    The availability of a defence has nothing to do with ability to pay for expensive lawyers. Vast majority of lawyers who practice in criminal law are specialists. A rookie solicitor would always seek the assistance of more experienced solicitor or take on a barrister of Standing, even a senior counsel , if the charges and case are serious and or complex .

    If it’s clear that a lawyer has been negligent in the execution of their case, they can be in big trouble by their governing body. Moreover, a judge would see right through it and would intervene . No lawyer worth their salt will intentionally not study their brief correctly simply because they are representing a poor man on legal aid

    Legal aid gives a poor person access the the exact same calibre of lawyers as the rich man

    A defence is only available baseD on the facts that maybe available in a specific case and the actual charges that they are accused of

    You are not even comparing like for like

    Someone accused of theft of a bike (Kind of offences that the poor often commit) , regardless of their socio economic background would have a different set of defences available to them than someone accused of ... Embezzlement or some other white collar crime (Offences that the rich might commit) .

    Why ? What are the proofs for the charge as set out in legislation ,and what is the evidence against them

    Someone accused of robbing a bike, regardless of their Background , who was caught red handed and had intention to deprive the owner of the bike is not going to have much of a defence compared to another person who while caught red handed but had reason to believe that they successful sought permission to Take and use that bike for a short period And intended to return it

    Road traffic offences, they are complexed ,sometimes hard to prove, have loads of exceptions and defences. Some don’t have defences at all. Depending on the facts of each accused, their backgrounds and how expensive their lawyers are mean jack ****. The defences May simply be not there . The cops may have done an A1 arrest an detention procedure to cut out any loopholes

    Culpability of a person accused of a specific offence has **** all to do with their background , should it get to the court room . (Now, whether DPP decides to press charges because of whom someone is , is another matter entirely , that might reek of corruption etc )

    You will either be acquitted or found guilty on the facts ( I am referring to cases that go to trial and there’s n issue of successful procedure challenges eg cop ****ed evidence )

    It’s when the judge is considering the appropriate sentencing , they will consider mitigating factors . It’s there, depending on the unique circumstances of the person eg wealth /poverty, position in society , criminal history etc that will determine a custodial sentence, the culpability of the accused and the seriousness of the offence ... or maybe they will just get fined or probation Or suspended sentence . Maybe rich man might fair better but it depends On the case


  • Closed Accounts Posts: 726 ✭✭✭I Am Nobody


    Mad_maxx wrote: »
    I meant in terms of how you can be viewed by the judiciary and police following a conviction, it leaves you permanently at a disadvantage

    Probably because prison doesn't rehabilitate you in the way the system likes to think.It only makes one think of new ways to not get caught on their release.So naturally the police will have your conviction in the back of their mind when you re-offend.


  • Posts: 5,369 [Deleted User]


    Mad_maxx wrote: »
    I meant in terms of how you can be viewed by the judiciary and police following a conviction, it leaves you permanently at a disadvantage

    Ah no. That's not true at all. Trust me. Gardai and judges are human and can see past a mistake years ago.

    You think no Garda ever got in trouble as a kid?


  • Registered Users, Registered Users 2 Posts: 5,684 ✭✭✭This is it


    I've a friend currently serving time. Knew he wasn't clean but had no idea to what extent. When I read articles daily about crime I generally think, what a scumbag. In this case a close enough friend who to me is anything but a scumbag but I'm sure others would think he is, and maybe they're right.


  • Registered Users, Registered Users 2 Posts: 23,246 ✭✭✭✭Dyr


    I know a few, one for arson, one fella who had a guy followed him into his house to pick a fight with him and he ****ed him up, got out on appeal. A few for losing the run of themselves on drugs and such.

    Know a few who did time for being "political" back in the '80s and '90s. Both my grandfathers did time, one in the civil war, one in the emergency

    I know a few P.Os too:D


  • Posts: 0 [Deleted User]


    A girl I worked with years ago served time for manslaughter of her ex boyfriend - he had been physically abusive for years and eventually she snapped so to speak. I also had a 'prison pen pal' back in college (part of a sociology project) who was serving life for a drive by shooting - he looked me up on facebook recently to see how I was :o


  • Registered Users Posts: 859 ✭✭✭Randy Archer


    Yes, the the Gardai might have screwed up their investigation and of course the defence would be available to anyone, posh or junkie. But if we were not dealing with the Tarquin brigade, but with the Anto gang on free legal aid, would the defence bother to investigate or bring up whether there had been failings in gathering evidence. I mean, if they loose the case and he gets convicted, what difference does it make to the defence team. They still get paid by the DoJ. No skin off their nose, so why bother busting themselves with effort trying to find a way out when they could just say "yeah, poor upbrinigng, chaotic lifestyle, we are appealing for leniency and he'll write a letter of apology and make a donation to the court poor box". Meanwhile, all their hard effort and time spared there on the FLA cases is better spend defending private clients.

    I wonder did the Club Anabel Head Kickers have free legal aid?

    My point is, there is one way of applying the law for the poor and another for the rich and influential. Anyone who thinks we are all equal before the law is comically naïve.

    Would the defence bother to investigate or bring up whatever evidence failings ?

    Eh YES, if they fancy to get more work again . Most accused are free to walk into any solicitor firm Prior to the case like anyone else or pick one out in the court room and then apply for legal aid.

    Basic First steps in a brief,However complex or not are, include lookIng at the charge sheets, look at the evidence (cctv and statements ) , look at the search and arrest warrants . Dates and time matter And other content errors in a charge sheet or warrant aren’t the hardest to spot .

    What difference does it make to the defence team ? If they are negligent ? Oh well, let’s see.... disciplinary tribunal , kicked off the legal aid panel and a convict who Truthfully tells everyone they know (which will include some possible pals in the crime scene) not to use your services again. Much like how one would tell their family and friends not to go to a lawyer if they ****ed Up their sale of their family home .

    It’s a small world , Ireland, and the lawyer game is quite crowded with plenty of competition and it’s a rather expensive career to get into to be ****ing it up by utter avoidable negligence

    Your understanding of the legal process is extremely simplistic , even a basic bit of research would see how ridiculous you sound . You are utterly blind by your class warfare guff and your overall view of lawyers is unfair and down right libel

    The talk about chaotic life etc has NOTHING to do with actually looking to see whether the charges can be beaten (eg dodgy warrant etc) . The chaotic life etc only comes up when the accused is found guilty or admits guilt . Those are mitigating factors , not a defence. Mitigating factors doesn’t get some one acquitted of the offence , it comes at the sentencing part of a case, to lower the severity of the available penalties

    Arguing mitigating factors is not as easy as you think, either. A lawyer can’t tell lies. An accused may have zero illness and might be a complete bastard . It depends on the facts and not your generalised and simplistic understanding of what goes on . There only so many times that a judge will listen to “johnny plans to go to Australian /America for the year and a decision to not give him probation will ruin that”

    I hope I shed some light ,(Maybe others will too ) if you are bored and have free time, pop into A court room trial and see for yourself as to what happens . You will see why throwing them All into prison isn’t always the answer

    You will definitely see that ones wealth won’t save you if the evidence is against you and there is no defence . Eg dangerous driving


  • Registered Users, Registered Users 2 Posts: 13,503 ✭✭✭✭Mad_maxx


    Ah no. That's not true at all. Trust me. Gardai and judges are human and can see past a mistake years ago.

    You think no Garda ever got in trouble as a kid?

    Perhaps I made my earlier point poorly

    If you get a conviction and for whatever reason find yourself before the courts again down the line, you're earlier conviction is weighted against you


  • Closed Accounts Posts: 726 ✭✭✭I Am Nobody


    Our clubhouse was raided by the DEA,FBI,and the IRS.We were all blanket charged under the RICO Act.If memory serves me right the charges were Racketeering,Drug Trafficking,and Tax Evasion.Myself also carried a charge of Malicious wounding and firearms violations,which I was convicted of.Spent 7 years in FCI Memphis and then deported.


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 1,201 ✭✭✭Man with broke phone


    I have a record. Only silly stuff though I'd say it has even been wrote off now it's been so long. I know a fair few sunday world lads. Seem to all be getting culled though now that they have got a bit older and slower than the 20 years olds. I'd just say hello to them now in passing these days. I have a job and family and nice stuff I wouldn't want them near.


  • Posts: 5,369 [Deleted User]


    Mad_maxx wrote: »
    Perhaps I made my earlier point poorly

    If you get a conviction and for whatever reason find yourself before the courts again down the line, you're earlier conviction is weighted against you

    Ah ok, yeah that's true


  • Registered Users Posts: 859 ✭✭✭Randy Archer


    Yes, the the Gardai might have screwed up their investigation and of course the defence would be available to anyone, posh or junkie. But if we were not dealing with the Tarquin brigade, but with the Anto gang on free legal aid, would the defence bother to investigate or bring up whether there had been failings in gathering evidence. I mean, if they loose the case and he gets convicted, what difference does it make to the defence team. They still get paid by the DoJ. No skin off their nose, so why bother busting themselves with effort trying to find a way out when they could just say "yeah, poor upbrinigng, chaotic lifestyle, we are appealing for leniency and he'll write a letter of apology and make a donation to the court poor box". Meanwhile, all their hard effort and time spared there on the FLA cases is better spend defending private clients.

    I wonder did the Club Anabel Head Kickers have free legal aid?

    My point is, there is one way of applying the law for the poor and another for the rich and influential. Anyone who thinks we are all equal before the law is comically naïve.


    You could start by knowing the difference between a defence and mitigation factors (which is what you were waffling about all this time ) before talking about anyone being naive ����

    Tell the truth, you have never sat at a trial . That is totally fine, but refrain from making such ill informed comments

    Perhaps find &he factual and legal reasons why the Anabel people got the Convictions that they got . The law reports (courts.ie and bailie.org) have the court transcript for the appeals

    If Anto the scum bag and his pals were the accused, the same results may have occurred. Depends on the ability of the prosecution to convince the jury that the evidence showed that there was an intention to kill and convince the judge that all evidence gathered was within the law and the Constitution

    Actually, the solicitor and barrister would prefer that such a case ,that would last weeks , was on legal aid as they would not have to fear about Not getting paid by a private client .

    Nor would they have pre trial rows over whether they would be getting paid by a chancer trying to dodge paying for the work or trying to set brand new contractual agreement to what had not being struck at the start .

    Nor would they want to be rowing with a private client over the costs of getting essential expert witnesses

    Time before a trial each day is precious and the last thing they want to be talking about is fees When prep work is needed to be carried out

    Stop talking crap


  • Registered Users, Registered Users 2 Posts: 23,246 ✭✭✭✭Dyr


    Our clubhouse was raided by the DEA,FBI,and the IRS.We were all blanket charged under the RICO Act.If memory serves me right the charges were Racketeering,Drug Trafficking,and Tax Evasion.Myself also carried a charge of Malicious wounding and firearms violations,which I was convicted of.Spent 7 years in FCI Memphis and then deported.

    I'll take it you're club wasnt the local Dungeons & Dragons guild


  • Registered Users, Registered Users 2 Posts: 1,201 ✭✭✭Man with broke phone


    Bambi wrote: »
    I'll take it you're club wasnt the local Dungeons & Dragons guild

    They used to watch sons of anarchy in his clubhouse I'd say.


  • Closed Accounts Posts: 726 ✭✭✭I Am Nobody


    Bambi wrote: »
    I'll take it you're club wasnt the local Dungeons & Dragons guild

    Ha! And you would be right in that assumption.


  • Posts: 0 [Deleted User]


    Ha! And you would be right in that assumption.

    so how did you end up the Hell's Angels as an Irish person...?


  • Closed Accounts Posts: 726 ✭✭✭I Am Nobody


    glasso wrote: »
    so how did you end up the Hell's Angels as an Irish person...?

    I wasn't in the Hells Angels so guess again.


  • Posts: 0 [Deleted User]


    well clubhouse is most often associated with a motorcycle gang.

    was it the pink ladies then?


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 14,543 ✭✭✭✭cj maxx


    I know a lad that did a month in attica/ singsong? whichever one in the federal prison. That was only on an immigration charge


  • Closed Accounts Posts: 726 ✭✭✭I Am Nobody


    glasso wrote: »
    so how did you end up the Hell's Angels as an Irish person...?

    When I was deported I was classed as a nomad since there wasn't a club charter in Ireland.But now that has been remedied.


  • Closed Accounts Posts: 76 ✭✭Rimmy


    I have one for been drunk and disorderly at 23, I copped myself on.

    Has never stopped me getting a job in IT.


  • Closed Accounts Posts: 726 ✭✭✭I Am Nobody


    Look I will tell you the truth of how clubs work.When I was deporte back to Ireland,I still held my full patch.but was tasked to starting a chapter here.It just so happens a local chapter wanted to be obsaulted in my club.And to prove their decation,they murdered a innocent man from another club.I was friends with AOD from the Road Tramps MC.


  • Closed Accounts Posts: 726 ✭✭✭I Am Nobody


    glasso wrote: »

    Fair enough but it is what it is And I don't agree with the membership.Cookie and his associate\s are scumbags and shouldn't be members but it is out of my hands.


  • Advertisement
  • Posts: 0 [Deleted User]


    According to this article says that the murder ensured their accreditation?

    So they were "well hard" due to the murder and they are in?

    https://www.independent.ie/irish-news/crime/party-for-murdered-limerick-biker-plunged-into-darkness-after-power-cut-35998189.html


  • Registered Users, Registered Users 2 Posts: 37,304 ✭✭✭✭the_syco


    Strumms wrote: »
    He was hired by a manager who was an acquaintance of his
    ...
    any social night he’d be coked off his nut but so were half the management team.
    So he was his managers dealer?
    Spare us the class warrior horse crap
    A good lawyer that knows to get you off on technicalities will probably charge a bit more. If you're fcuked, you're fcuked. but getting someone decent will maybe get you done on a lesser charge.
    However none of them were bullies.
    Have always found the bullies to have others do the getting, taking the risk.

    A few lads from my secondary class have probably been in jail on drugs charges.
    I don't advocate strong skunk or leafy herb though as it can cause psychosis.
    Interestingly, people who have bad experiences with it will often stop doing it.
    But people black out all the time, and think it's "normal" :pac:
    ANto’ s 50 plus convictions has ZERO relevancy on the court deciding whether Anto is guilty of the crime that he’s charged with, ZERO. IT only has relevancy if he’s convicted and when sentencing is considered
    If he's regularly being convicted for assault, would that not go against him for future assault charges?
    A young lad,i know got caught with 50 grand of coke,during lockdown....so i guess he's going away for few years too
    Sounds like a possible mule.
    Strumms wrote: »
    I think education for some time has been pretty good and proactive in flagging up the dangers and immorality of the drugs trade.
    Some people aren't good with money, and don't pay their drug debts. They're then given the chance of clearing said debt by being a mule. So they take the chance, but if they fail, they're a mule for life.
    So yeah I would of loved to have your experiences.
    His experience sounds like a TV show or movie.
    Rimmy wrote: »
    I have one for been drunk and disorderly at 23, I copped myself on.

    Has never stopped me getting a job in IT.
    Going back to my point on a "lesser charge"; some convictions will see your career prospects curtailed, whist others will allow you to live a life. Not about your conviction, but others. I'd think the courts will take an easy charge over one that is harder to prove, even if it means the criminal will serve less time?


  • Registered Users, Registered Users 2 Posts: 4,548 ✭✭✭FishOnABike


    If people are charged with crimes that will or could lead to jail, they will be entitled to legal aid, if they don’t have funds to pay for their legal team

    You suggesting that lawyers practice their skills differently when representing well off people than they do with people on legal aid ? Rather serious claim , go prove it

    Most convictions happen because they were caught red handed or have no defence

    Spare us the class warrior horse crap

    If you can afford to pay a solicitor / barrister their hourly rate I think you will find you can buy more of their time and expertise than the fixed rate legal aid fees can buy you. It's simple economics.


  • Registered Users, Registered Users 2 Posts: 40,513 ✭✭✭✭ohnonotgmail


    the_syco wrote: »
    If he's regularly being convicted for assault, would that not go against him for future assault charges?

    only during the sentencing phase if they are convicted. previous convictions are not mentioned before a verdict is made.


  • Advertisement
  • Registered Users Posts: 1,122 ✭✭✭mick087


    You are saying something, and I am pointing out to you that you are talking bollox . Complete nonsense

    The availability of a defence has nothing to do with ability to pay for expensive lawyers. Vast majority of lawyers who practice in criminal law are specialists. A rookie solicitor would always seek the assistance of more experienced solicitor or take on a barrister of Standing, even a senior counsel , if the charges and case are serious and or complex .

    If it’s clear that a lawyer has been negligent in the execution of their case, they can be in big trouble by their governing body. Moreover, a judge would see right through it and would intervene . No lawyer worth their salt will intentionally not study their brief correctly simply because they are representing a poor man on legal aid

    Legal aid gives a poor person access the the exact same calibre of lawyers as the rich man

    A defence is only available baseD on the facts that maybe available in a specific case and the actual charges that they are accused of

    You are not even comparing like for like

    Someone accused of theft of a bike (Kind of offences that the poor often commit) , regardless of their socio economic background would have a different set of defences available to them than someone accused of ... Embezzlement or some other white collar crime (Offences that the rich might commit) .

    Why ? What are the proofs for the charge as set out in legislation ,and what is the evidence against them

    Someone accused of robbing a bike, regardless of their Background , who was caught red handed and had intention to deprive the owner of the bike is not going to have much of a defence compared to another person who while caught red handed but had reason to believe that they successful sought permission to Take and use that bike for a short period And intended to return it

    Road traffic offences, they are complexed ,sometimes hard to prove, have loads of exceptions and defences. Some don’t have defences at all. Depending on the facts of each accused, their backgrounds and how expensive their lawyers are mean jack ****. The defences May simply be not there . The cops may have done an A1 arrest an detention procedure to cut out any loopholes

    Culpability of a person accused of a specific offence has **** all to do with their background , should it get to the court room . (Now, whether DPP decides to press charges because of whom someone is , is another matter entirely , that might reek of corruption etc )

    You will either be acquitted or found guilty on the facts ( I am referring to cases that go to trial and there’s n issue of successful procedure challenges eg cop ****ed evidence )

    It’s when the judge is considering the appropriate sentencing , they will consider mitigating factors . It’s there, depending on the unique circumstances of the person eg wealth /poverty, position in society , criminal history etc that will determine a custodial sentence, the culpability of the accused and the seriousness of the offence ... or maybe they will just get fined or probation Or suspended sentence . Maybe rich man might fair better but it depends On the case


    In any court in almost country the Rich and powerful will nearly always fair better.
    This is not in anyway to criticise any individual working within the legal system.
    If your are rich and powerful you will have better access to the legal system be it through contacts or fee payment.


  • Closed Accounts Posts: 3,292 ✭✭✭TheBoyConor


    Randy Archer, you correct me on a number of points which is fair enough, sure lookit, I am not a lawyer. Perhaps you are since you know so much about it.

    But anyway the core of my argument stays the same and I stand over it. If you are wealthy and have influential connections in the right circles you'll probably have a bit more plasticity in how harshly the law is applied to you. If you are Tarquin and your daddy has big connections and knows people, you can get over and above efforts made, favours done and words had in certain ears for you all discreetly behind the scenes that can influence your case. Strung out deco does not have access to those advantages.

    I refuse to believe that we are all equal before the law. The rich and powerful are always going to be more equal. CHANGE MY MIND, man.

    I will ask you this....show me a case of a judges son that has been accused of a serious crime and had the book thrown at him.

    Look at Malcolm MacArthur. Killed two people and he only got done for one of them, then spent the latter part of his sentence in the plush surrounds of the idyllic Shelton Abbey. The same prison where tycoon Sean Quinn spent a while.
    MacArthur had connections to some of the most influential people in the country and was part of the Protestant Anglo Irish high society. You tell me that that did not go in his favour!!!! He was pals with Conor Cruise O'Brien ffs.

    Yer man Allen from Cork, also of an extraordinarily privileged high-society background, he got done for drugs offences but he got off an awful lot lighter than had he been your average druggie street walker.


  • Registered Users, Registered Users 2 Posts: 40,513 ✭✭✭✭ohnonotgmail


    Randy Archer, you correct me on a number of points which is fair enough, sure lookit, I am not a lawyer. Perhaps you are since you know so much about it.

    But anyway the core of my argument stays the same and I stand over it. If you are wealthy and have influential connections in the right circles you'll probably have a bit more plasticity in how harshly the law is applied to you.

    I refuse to believe that we are all equal before the law. The rich and powerful are always going to be more equal. CHANGE MY MIND, man.

    Look at Malcolm MacArthur. Killed two people and he only got done for one of them, then spent the latter part of his sentence in the plush surrounds of the idyllic Shelton Abbey. The same prison where tycoon Sean Quinn spent a while.
    MacArthur had connections to some of the most influential people in the country and was part of the Protestant Anglo Irish high society. You tell me that that did not go in his favour!!!!

    all life sentence prisoners spend time in Shelton Abbey if they are being considered for parole.


  • Registered Users, Registered Users 2 Posts: 10,305 ✭✭✭✭branie2


    No


  • Banned (with Prison Access) Posts: 1,483 ✭✭✭mr_fegelien


    Rimmy wrote: »
    I have one for been drunk and disorderly at 23, I copped myself on.

    Has never stopped me getting a job in IT.

    Was that a charge or a caution?

    Can you still travel abroad to the US, Australia, Canada?

    Could you elaborate on how it happened?


  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    It's common in autism. They're accused of one-sided discussions.

    I have it and in real life, a conversation between myself and another person might play out like it does on here.
    if you are aware of it can you not control it?


  • Registered Users, Registered Users 2 Posts: 9,089 ✭✭✭Gregor Samsa


    If you can afford to pay a solicitor / barrister their hourly rate I think you will find you can buy more of their time and expertise than the fixed rate legal aid fees can buy you. It's simple economics.

    I do think the Legal Aid representation is good - in the sense that people who can’t afford representation do get access to competent, dedicated lawyers - but you do just get a base level of service on it. What to say about the hours and attention you get is true. You won’t just get a meeting with your solicitor any time you want on legal aid, and even getting them on the phone can be a struggle. If you need expert testimony - like an independent pathologist to review an autopsy report, or an independent forensic expert - you have to pay for that yourself, and they don’t come cheap. The outcome of your case could easily hang on being able to afford someone like that to point out errors, inconsistencies or doubts in the State’s evidence.


  • Registered Users Posts: 1,383 ✭✭✭Higgins5473


    I know of two who used to be friends, both drugs related and both served time. One in Mountjoy for harvesting quite a substantial grow house. The other for importing and dealing large quantities of ecstasy in Ibiza where he served time. Both were relatively mild mannered and bright lads who had plenty of opportunities in life not to end up behind bars, young and stupid. Sentences were less than 2 years, first offences for both and one was out after a year, the other served nearly the full sentence. Both were raped and beaten badly whilst in prison, not sure if it was regular. 20 years on one of them is married and doing well with two kids and a business and the other is in pretty poor shape at the moment.


  • Registered Users, Registered Users 2 Posts: 40,513 ✭✭✭✭ohnonotgmail


    I do think the Legal Aid representation is good - in the sense that people who can’t afford representation do get access to competent, dedicated lawyers - but you do just get a base level of service on it. What to say about the hours and attention you get is true. You won’t just get a meeting with your solicitor any time you want on legal aid, and even getting them on the phone can be a struggle. If you need expert testimony - like an independent pathologist to review an autopsy report, or an independent forensic expert - you have to pay for that yourself, and they don’t come cheap. The outcome of your case could easily hang on being able to afford someone like that to point out errors, inconsistencies or doubts in the State’s evidence.

    Legal Aid includes provision for the payment of expert witnesses.


  • Registered Users, Registered Users 2 Posts: 9,089 ✭✭✭Gregor Samsa


    I’ve a grand uncle who was locked up in the Curragh during the Civil War. His mother promised to bring him a cake for his birthday. When he didn’t get it, he accused the guards of eating it, and he went on hunger strike in protest. This went on for a week or so, until he found out his mother had just forgotten to send the cake.


  • Advertisement
  • Posts: 3,689 ✭✭✭ [Deleted User]


    if you are aware of it can you not control it?

    Not as simple as you make it out, at all! .

    From experience of someone known by me.


  • Registered Users, Registered Users 2 Posts: 9,089 ✭✭✭Gregor Samsa


    Legal Aid includes provision for the payment of expert witnesses.

    Well, in our family experience, we had one that had to be paid privately, as there was no legal aid cover for it. He (the expert) was from outside the state (NI), so maybe that had a bearing on it.


  • Registered Users, Registered Users 2 Posts: 8,099 ✭✭✭joeguevara


    I do think the Legal Aid representation is good - in the sense that people who can’t afford representation do get access to competent, dedicated lawyers - but you do just get a base level of service on it. What to say about the hours and attention you get is true. You won’t just get a meeting with your solicitor any time you want on legal aid, and even getting them on the phone can be a struggle. If you need expert testimony - like an independent pathologist to review an autopsy report, or an independent forensic expert - you have to pay for that yourself, and they don’t come cheap. The outcome of your case could easily hang on being able to afford someone like that to point out errors, inconsistencies or doubts in the State’s evidence.

    Can you name one individual or one case where the person was found not guilty on the basis of an expert witness, where they were not on legal aid, and if so what type of case was it?


  • Registered Users, Registered Users 2 Posts: 40,513 ✭✭✭✭ohnonotgmail


    Well, in our family experience, we had one that had to be paid privately, as there was no legal aid cover for it. He (the expert) was from outside the state (NI), so maybe that had a bearing on it.

    Possibly they wanted more than legal aid allows.


  • Registered Users, Registered Users 2 Posts: 9,089 ✭✭✭Gregor Samsa


    joeguevara wrote: »
    Can you name one individual or one case where the person was found not guilty on the basis of an expert witness, where they were not on legal aid, and if so what type of case was it?

    No, and I’m not sure why you’re asking me to do that.

    I could certainly name one case where someone (on legal aid) was charged with something that carries a mandatory life sentence, and solely because of expert evidence, that had to be paid for privately, they were found not guilty of that charge, but pleaded guilty to a lesser charge, and so got lesser prison sentence. But I’m not going to name that case, because it would identify my family.


  • Registered Users, Registered Users 2 Posts: 8,099 ✭✭✭joeguevara


    No, and I’m not sure why you’re asking me to do that.

    I could certainly name one case where someone (on legal aid) was charged with something that carries a mandatory life sentence, and solely because of expert evidence, that had to be paid for privately, they were found not guilty of that charge, but pleaded guilty to a lesser charge, and so got lesser prison sentence. But I’m not going to name that case, because it would identify my family.

    I didn't mean to do that. Most expert witnesses that I have seen were covered by legal aid and even have seen experts coming from continental europe and US. As long as it is in the fairly good range the legal aid offers it will be allowed.

    Also the best criminal barristers (if still doing defence) are all available on legal aid.


  • Registered Users, Registered Users 2 Posts: 9,089 ✭✭✭Gregor Samsa


    Possibly they wanted more than legal aid allows.

    Their fee was £1000. So if there’s limits on what Legal Aid will pay for, then it’s valid to say that those who rely solely on Legal Aid don’t have access to the same level of defence as those who can afford some private extras.

    Edit: that £1000 was for a document that contained rebuttal of forensic evidence. I think legal aid may have covered them giving testimony ant the trial itself, because we didn’t have to pay for that.


  • Registered Users, Registered Users 2 Posts: 40,513 ✭✭✭✭ohnonotgmail


    Their fee was £1000. So if there’s limits on what Legal Aid will pay for, then it’s valid to say that those who rely solely on Legal Aid don’t have access to the same level of defence as those who can afford some private extras.

    the set fee is an hourly rate.


  • Registered Users Posts: 1,383 ✭✭✭Higgins5473


    Randy Archer, you correct me on a number of points which is fair enough, sure lookit, I am not a lawyer. Perhaps you are since you know so much about it.

    But anyway the core of my argument stays the same and I stand over it. If you are wealthy and have influential connections in the right circles you'll probably have a bit more plasticity in how harshly the law is applied to you. If you are Tarquin and your daddy has big connections and knows people, you can get over and above efforts made, favours done and words had in certain ears for you all discreetly behind the scenes that can influence your case. Strung out deco does not have access to those advantages.

    I refuse to believe that we are all equal before the law. The rich and powerful are always going to be more equal. CHANGE MY MIND, man.

    I will ask you this....show me a case of a judges son that has been accused of a serious crime and had the book thrown at him.

    Look at Malcolm MacArthur. Killed two people and he only got done for one of them, then spent the latter part of his sentence in the plush surrounds of the idyllic Shelton Abbey. The same prison where tycoon Sean Quinn spent a while.
    MacArthur had connections to some of the most influential people in the country and was part of the Protestant Anglo Irish high society. You tell me that that did not go in his favour!!!! He was pals with Conor Cruise O'Brien ffs.

    Yer man Allen from Cork, also of an extraordinarily privileged high-society background, he got done for drugs offences but he got off an awful lot lighter than had he been your average druggie street walker.

    Look no further than Dermot Laide, Sean Mackey, Desmond Ryan, Andrew Frame for case in point for what you say above.

    https://en.m.wikipedia.org/wiki/Death_of_Brian_Murphy

    Saw one of them throwing back pints in the Old Punch Bowl in Booterstown no more than a few months after the murder. Not a bother on him.


  • Advertisement
  • Posts: 5,369 [Deleted User]


    Their fee was £1000. So if there’s limits on what Legal Aid will pay for, then it’s valid to say that those who rely solely on Legal Aid don’t have access to the same level of defence as those who can afford some private extras.

    You wanted a set specific person that was charging way above the agreed rates. The rates apply to both sides equally. There needs to be limits on this.

    A murder charge where a key witness is in Australia, the costs will be covered. If the person demands a large payment way above their remit, you can't expect the state to just pay up.

    Personally I have never seen a case where the cost was an issue. Just my experience though.


Advertisement