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Solicitor attacked in Limerick Courthouse!

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    #32
    Delphi91
    Registered Users Posts: 1,501 ✭✭✭Delphi91


    mike kelly wrote: »
    no they don't. gardai act only on complaints. they do not proactively investigate. in cases of intimidation they do alsolutely nothing and make no effort to collect forensic evidence...

    Just curious, is this your opinion or is it fact? If it's fact, can you provide evidence? And please don't tell me that it's fact based on "heresay and rumours".


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    #33
    mike kelly
    Registered Users Posts: 1,110 ✭✭✭mike kelly


    Evidence? Well the best example is how people who gave statements to gardai in relation to the murder of Eric Leamy in Limerick a few years ago were treated.

    the main witness in the case was assaulted in Limerick train station the morning he was due to travel to Dublin to give eveidence at the trial. many people witnessed this but there was no investigation.


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    #34
    source
    Registered Users Posts: 5,283 ✭✭✭source


    mike kelly wrote: »
    Evidence? Well the best example is how people who gave statements to gardai in relation to the murder of Eric Leamy in Limerick a few years ago were treated.

    the main witness in the case was assaulted in Limerick train station the morning he was due to travel to Dublin to give eveidence at the trial. many people witnessed this but there was no investigation.

    Mike, Gardai can and do investigate proactively, if something is observed then action can be taken, however in an incident where there are no Garda witnesses, how can Gardai be expected to investigate something not seen at first hand without a complaint from an injured party? It's physically impossible. Gardai cannot be everywhere and cannot see everything.

    So in these scenarios Gardai look for a statement from the injured party as they are the one who gets to decide whether or not they want the incident investigated, and they are the only one's who know fully and accurately what happened in the incident, Witnesses who are not the injured party can be very unreliable, 90% of the time(despite best intentions and a want to help) witnesses statements can differ greatly, but do corroborate evidence, because of this a case cannot be taken on witness statements alone.


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    #35
    mike kelly
    Registered Users Posts: 1,110 ✭✭✭mike kelly


    foinse wrote: »
    Mike, Gardai can and do investigate proactively,

    example of one proactive garda investigation?


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    #36
    source
    Registered Users Posts: 5,283 ✭✭✭source


    Here you go, an operation set up to target drug dealing, which operates on Gardai going out and proactively gathering intelligence, observing what is going on in the area, and then acting when they have built a case.

    Gardai, often observe crimes in action and act based on their observation. Weekend nights, are a prime example of this, people getting arrested for fights and criminal damage, (cement being poured over Richard Harris statue, observed on cctv and arrested).

    So there's 2 examples, Now, how about we get back on topic, sure he should have grown a pair and made a complaint, but he didn't, I wouldn't be surprised if this turned out to be a ploy to stop others from making complaints, or giving evidence.


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    #37
    baza1976
    Registered Users Posts: 1,145 ✭✭✭baza1976


    Chief--- wrote: »
    I presume the Gardai who witnessed it could prosecute this fella for a breach of the peace.


    foinse wrote: »
    Mike, Gardai can and do investigate proactively, if something is observed then action can be taken, however in an incident where there are no Garda witnesses, how can Gardai be expected to investigate something not seen at first hand without a complaint from an injured party? It's physically impossible. Gardai cannot be everywhere and cannot see everything.

    Hi Fonsie,

    Good to see a mamber on the force here helping out with questions and concerns.

    Can you comment on the "bold" writing above please???

    You mention that if a member of the force observes something they can take action.
    It has been widely reported in the media that it was witnessed by the garda, so why do we need a statement from Mr devane???


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    #38
    source
    Registered Users Posts: 5,283 ✭✭✭source


    It's all about burden of proof, the most the Gardai at the scene would be able to arrest the offender for is a breach of the peace, without a complaint from the injured party a charge of assault wouldn't be held up in court, as the judge would want to hear from the injured party, which in this instance the injured party does not wish to do. As to whether or not the offender was/wasn't arrested as a result of the incident, I could not comment as i was not there when it occurred.


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    #39
    baza1976
    Registered Users Posts: 1,145 ✭✭✭baza1976


    foinse wrote: »
    It's all about burden of proof, the most the Gardai at the scene would be able to arrest the offender for is a breach of the peace, without a complaint from the injured party a charge of assault wouldn't be held up in court, as the judge would want to hear from the injured party, which in this instance the injured party does not wish to do. As to whether or not the offender was/wasn't arrested as a result of the incident, I could not comment as i was not there when it occurred.

    thanks


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    #40
    old boy
    Registered Users Posts: 2,658 ✭✭✭old boy


    as all the wigs in the bar library are objecting to his stance, can they just bar him or shut up.


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