Gardaí to stand trial in connection with alleged assault on teenager

Have I just heard right on the news that this lad got COMMUNITY SERVICE for breaking a gardas jaw? And he didn't even do the community service and only got THREE MONTHS in jail?

My god. If I was a garda dealing with this lad I would be unbelievably frustrated sending this lad to the courts again and again only to receive slaps on the wrist for proper serious crimes..

steddyeddy

Rojomcdojo wrote: »

Have I just heard right on the news that this lad got COMMUNITY SERVICE for breaking a gardas jaw? And he didn't even do the community service and only got THREE MONTHS in jail?

My god. If I was a garda dealing with this lad I would be unbelievably frustrated sending this lad to the courts again and again only to receive slaps on the wrist for proper serious crimes..

Well in fairness it could have been provoked if the gaurds in this case are guilty I wouldnt know who to beleive

TheZohanS

Rojomcdojo wrote: »

Have I just heard right on the news that this lad got COMMUNITY SERVICE for breaking a gardas jaw? And he didn't even do the community service and only got THREE MONTHS in jail?

My god. If I was a garda dealing with this lad I would be unbelievably frustrated sending this lad to the courts again and again only to receive slaps on the wrist for proper serious crimes..

Correct.

Mr Gaffney told defence counsel Hugh Hartnett that he was 'no angel' during his teenage years and admitted having a conviction for assaulting a garda whose jaw was broken.

But oh no, wrap him up in cotton wool and give him a big hug.

Snakeblood

TheZohan wrote: »

Correct.



But oh no, wrap him up in cotton wool and give him a big hug.

Big difference between 'cotton wool' and 'not going to his house and kicking the **** out of him with 4 gardai'.

Condoning Gardai doing that does makes a mockery of the legal system, far more than the scumbag getting away with someone's jaw. I don't want the Gardai to feel they have carte blanche to assault whoever *they* think deserves it.

steddyeddy

By the way I dont think that him breaking the gaurds jaw was provoked but if we did live in a world were gaurds were allowed to hit people it would be a lot more likely it would be provoked and he wouldnt even have that conviction

HavingCrack

Guards cannot be vigilantes if they feel like it-end of. It doesn't matter how much of a hardened criminal the person they assault is, let them away with it once pretty soon it'll be happening for any sort of mesbehaviour. Some young lad is drinking in a field, guards arrive and punch him around to teach him a lesson-not that far down the road if you let guards deal out punishments willy nilly.

Mr McBoatface

The young man who got assaulted deserves little sympathy. The Gardai who done this where thick and deserve little sympathy either.

They could have waited until the young man broke the law again and "resisted arrest" to dish out some extra punishment (best served cold).... but no they where hot headed and thick about it. They assaulted the guy in and planned it in such away they can't cover it up otherwise there would be no court case. If they loose their jobs and go to jail they'll only have themselves to blame and nobody else.

The young chap and his mother will most likely get some compensation too.

All in all a right cock up, well done lads and lady.

daltonm

TheZohan wrote: »

Correct.



But oh no, wrap him up in cotton wool and give him a big hug.

Of course they have to wrap him in cotton wool. Do you know why?

Because at the time of the alleged assault he was a "child". Not only was he classed as a "child" under Irish law but he was also under the protection of the UN convention of childrens rights. Article 3 states:


Protection rights: ensure children are safeguarded against all forms of abuse, neglect and exploitation, including special care for refugee children; safeguards for children in the criminal justice system; protection for children in employment; protection and rehabilitation for children who have suffered exploitation or abuse of any kind.

Not only that but they are dealt with in their own court http://www.citizensinformation.ie/categories/justice/courts-system/children-court

and treated as children - not adults.

While we can have our views on the "type" of individual that Eoin Gaffney is - the facts that appear to be coming out are, that between 4 and 9 Gardai entered his home without cause or a warrant. They forcibly removed this "childs" mother from the room and locked her in the bathroom and proceeded to attack this "child".

Some of the things you are proposing belong in Letterfrack - do you support what happened there?

Do you think it was ok for grown men there to give the kids a clip in the ear?

This case is not about Eoin Gaffneys previous convictions, it's not about what he did or didn;t do to "deserve" this. It is about the law. And when a minor makes such an allegation, particulary after the Ryan report, you bet the authorities are going to sit up and take notice. The law does not discriminate Eoin Gaffney from a 10 year old under the care of the HSE.

MagicSean

daltonm wrote: »

Of course they have to wrap him in cotton wool. Do you know why?

Because at the time of the alleged assault he was a "child". Not only was he classed as a "child" under Irish law but he was also under the protection of the UN convention of childrens rights. Article 3 states:


Protection rights: ensure children are safeguarded against all forms of abuse, neglect and exploitation, including special care for refugee children; safeguards for children in the criminal justice system; protection for children in employment; protection and rehabilitation for children who have suffered exploitation or abuse of any kind.

Not only that but they are dealt with in their own court http://www.citizensinformation.ie/categories/justice/courts-system/children-court

and treated as children - not adults.

While we can have our views on the "type" of individual that Eoin Gaffney is - the facts that appear to be coming out are, that between 4 and 9 Gardai entered his home without cause or a warrant. They forcibly removed this "childs" mother from the room and locked her in the bathroom and proceeded to attack this "child".

Some of the things you are proposing belong in Letterfrack - do you support what happened there?

Do you think it was ok for grown men there to give the kids a clip in the ear?

This case is not about Eoin Gaffneys previous convictions, it's not about what he did or didn;t do to "deserve" this. It is about the law. And when a minor makes such an allegation, particulary after the Ryan report, you bet the authorities are going to sit up and take notice. The law does not discriminate Eoin Gaffney from a 10 year old under the care of the HSE.

Wasn't the fella who stuck a screwdriver in the two Polish lads heads also a child? I think its about time the law took account of the change in society. A law that says you automatically become an adult at the stroke of midnight on your eighteenth birthday is ridiculous.

daltonm

k_mac wrote: »

Wasn't the fella who stuck a screwdriver in the two Polish lads heads also a child? I think its about time the law took account of the change in society. A law that says you automatically become an adult at the stroke of midnight on your eighteenth birthday is ridiculous.

He was indeed. And he received a life sentence, righfully so, but he is still classed as a child in prison and the prison service are now bound by those rules.

Don't get me wrong - I am giving you the interpretaion of the law, I am no bleeding heart. And just to add - the legal system in regards to children is dictated by the UN convention.

HavingCrack

k_mac wrote: »

Wasn't the fella who stuck a screwdriver in the two Polish lads heads also a child? I think its about time the law took account of the change in society. A law that says you automatically become an adult at the stroke of midnight on your eighteenth birthday is ridiculous.

If you want to start treating people below the age of 18 as adults fine but you're aware you'd have to give them the freedom that comes with being a legal adult. If you feel treating 13, 14, 15 or 16 year olds as adults as regards crimes is alright I'm sure you'll also support lowering the age for sexual relations, consuming alcohol and cigarettes, marriage etc to come in line.....

I'm not disagreeing with you that suddenly you're a full adult overnight is slightly ridiculous, just pointing out that going down the US route of trying 16 year olds as adults while denying those same 16 year olds the right to purchase a beer is hypocrisy at its worst and I'd hate to see something similar appear in Ireland.

saltandpepper10

hope the cowardy fcukers get 10 years apiece and my isnt that banner ugly

dvpower

If Eoin Gaffney and 3 of his mates forced their way into the home of a young Garda, restrained the Garda's mother and administered a beating, some people on here would be calling for the reintroduction of the death penalty.

dvpower

TheZohan wrote: »

Do we know how many he had at the time of the alleged assault?

I don't think we know exactly how many convictions he had. But it was a couple of years ago when he was a minor so unless the beating had a fantastic rehabilitive effect, I think it's fair to assume that he has racked up some more convictions since then.

mike kelly

when is the verdict expected? I can't see the gardai doing any time no matter what happens

bigbluesky

I went into Kevin street Gardai one day on pretty routine business

was surprised at the attitude in there

on the other hand..... the photos and attitude of this lad and his mammy in the papers.... do not help their case..

mike kelly

bigbluesky wrote: »

I went into Kevin street Gardai one day on pretty routine business

was surprised at the attitude in there

on the other hand..... the photos and attitude of this lad and his mammy in the papers.... do not help their case..

What kind of attitude did the Gardai have?

And what photos are you referring to?

Mr. Presentable

First up: The book should be thrown at the Gardai who did this.

There is no justification for their actions.

Secondly: This chap is a cancer in our society but the softly-softly system of the Courts has failed to do anything to encourage a change in him.

So we have a situation where a serial criminal is at large despite the best lawful efforts of the Gardai. The Gardai see one more threat from him and decide there's not a lot of point in going down the arrest and charge route - he'll be out in an hour and nothing changed - so out of frustration they take more direct action.

If they were smart they'd have gotten him somewhere quiet, and not in uniform. And this is the bit that is strange to me: What could have provoked such a hot-headed, ill thought out action?

mike kelly

Mr. Presentable wrote: »

First up: The book should be thrown at the Gardai who did this.

There is no justification for their actions.

Secondly: This chap is a cancer in our society but the softly-softly system of the Courts has failed to do anything to encourage a change in him.

So we have a situation where a serial criminal is at large despite the best lawful efforts of the Gardai. The Gardai see one more threat from him and decide there's not a lot of point in going down the arrest and charge route - he'll be out in an hour and nothing changed - so out of frustration they take more direct action.

If they were smart they'd have gotten him somewhere quiet, and not in uniform. And this is the bit that is strange to me: What could have provoked such a hot-headed, ill thought out action?

and how on earth were student gardai present when this happened?

Bosco boy

dvpower wrote: »

If Eoin Gaffney and 3 of his mates forced their way into the home of a young Garda, restrained the Garda's mother and administered a beating, some people on here would be calling for the reintroduction of the death penalty.

and if my aunt had balls she'd be me uncle

MagicSean

dvpower wrote: »

If Eoin Gaffney and 3 of his mates forced their way into the home of a young Garda, restrained the Garda's mother and administered a beating, some people on here would be calling for the reintroduction of the death penalty.

Maybe but I doubt they'd even do time for it.

mike kelly

k_mac wrote: »

Maybe but I doubt they'd even do time for it.

nor will the Gardai - are Paddy Powers giving odds on this?

Bosco boy

mike kelly wrote: »

nor will the Gardai - are Paddy Powers giving odds on this?

Paddy power loves fools so keep your money in your pocket! Have some faith in the justice system, there are 12 jurors who are people like yourself who will decide, and a judge will if necessary pass sentence. Everyone before a court is innocent untill proven guilty and deserve due process regardless of who they are or what they did. "Prejudice is the child of ignorance"

mike kelly

Bosco boy wrote: »

Paddy power loves fools so keep your money in your pocket! Have some faith in the justice system, there are 12 jurors who are people like yourself who will decide, and a judge will if necessary pass sentence. Everyone before a court is innocent untill proven guilty and deserve due process regardless of who they are or what they did. "Prejudice is the child of ignorance"

let's hope the jurors do decide and are not directed by the judge

Bosco boy

mike kelly wrote: »

let's hope the jurors do decide and are not directed by the judge

I think the judge knows a bit more about the law than you or me and I'll have more faith in him judging this case than you, a little bit of knowledge can be a dangerous thing!

senordingdong

jobyrne30 wrote: »

If they loose their jobs and go to jail they'll only have themselves to blame and nobody else.

The young chap and his mother will most likely get some compensation too.

All in all a right cock up, well done lads and lady.

In fairness, no-one can say that for sure.
The only information we have on this is extremely dis-jointed and is changing by the day.
The judge and even the dogs on the street could know full well that this happened...but will there be enough evidence to secure a prosecution?

Mr.Presentable wrote:

First up: The book should be thrown at the Gardai who did this.

If they were smart they'd have gotten him somewhere quiet, and not in uniform. And this is the bit that is strange to me: What could have provoked such a hot-headed, ill thought out action?

I don't understand, are you supporting their actions or cursing them?

dvpower

mike kelly wrote: »

and how on earth were student gardai present when this happened?

That a worrying aspect of this. Is this type of thing so normal in the Gardai that they feel no need to hide it at all?

Nodin

dvpower wrote: »

That a worrying aspect of this. Is this type of thing so normal in the Gardai that they feel no need to hide it at all?

Well, lets say they'd arrested him, or this was in the course of an arrest....

However, I can't see anyone doing time for this, given the "evidence" thats been slung over the last few days.

Mr. Presentable

senordingdong wrote: »

I don't understand, are you supporting their actions or cursing them?

I thought it was clear in my opening remark I don't condone their (alleged) actions.

I also expressed surprise at their stupidity, but you took that as support? No, I fully condemn their (alleged) actions

mike kelly

Bosco boy wrote: »

I think the judge knows a bit more about the law than you or me and I'll have more faith in him judging this case than you, a little bit of knowledge can be a dangerous thing!

what faith we have in our masters!