Charging an assault.

Andy!!

A long standing argument I have been having with a fellow housemate of mine came to a head two days ago and I was assaulted. I was grabbed, thrown about, placed in a headlock, and when I pushed free, he grabbed a steak knife (we were in the kitchen) and threatened me with it. Naturally I bolted from the room and called the gardai. A number of them arrived only a few minutes after, but naturally there was nothing they could do as he denied everything and I had no evidence. However, the housemate made the mistake the next day of admitting to my landlord what he had done, everything except for the knife part. For some reason my landlord has not removed him from the house, and to be honest I don't have the money to leave, no deposit for anywhere else. My question is, if he has admitted assaulting me to my landlord, can he now be charged? Is that taken as evidence if the Gardai take a statement from my landlord about what the housemate admitted to doing? Will he also be additionally charged for lying to police? Does it become aggrivated assault if he admits to pulling a knife and brandishing it towards me? Is the landlord legally obliged to give a statement? Can a Garda prompt him to do so? He doesn't seem very concerned that this happened, he might not want the hassle of having to write a statement. Will a Garda be able to come to the house to speak to the landlord and write the statement or will the landlord have to go down to the station?

Thanks in Advance.

Nonoperational

It sounds like a nightmare to be honest. Almost impossible to prove and the landlord doesn't sound like he'll be too helpful. If he was concerned he'd at least remove him from the house. If he's not bothered doing that he's probably not going to admit anything to the guardai. There are always two sides to every story. Is the relationship between you and your housemate completely unredeemable?

Andy!!

Considering I had a knife brandished at my stomach, yes. Really my question is if he can be charged if the landlord does tell the police what he was told.

Andy!!

Anyone?

Sempai

Your landlord would have to make a statement and be willing to go to court if it goes that far. He's not legally obliged to do so. If he won't, it's your word against your housemate's. And if you tell the investigating Garda about what your landlord told you, then it's just hearsay. You can still make a statement about what happened. The Garda would have to take statements of both of you and prepare a file for the DPP.

If your landlord is willing to make a statement, best he goes to the station.

go to your local station, they should know which gardai called to your house the night of the incident. try to get the guard that was there, if the guard is not available, explain to whoever is there what happened.
long story short, tell the gardai that you wish to make a statement regarding the assault. you make your statement, the investigating garda asks/compels the other guy to make a statement. your landlord is not obliged to make one. its hearsay.

they will probably decide to bring to court, not always though, then its up to the judge!

Andy!!

But its not still hearsay if the guy confessed to the landlord right? That's what I was wondering. If the landlord makes a sworn statement that the guy told him he assaulted me, and backs my statement up, then surely they can charge the guy?

kilburn

I think its pretty obvious that the landlord did not remove him from the house as he wants to keep getting paid the rent on his property.

I cant see the landlord making a statement on your behalf to be fair

BornToKill

It's like Sempai said:

Sempai wrote: »

... if you tell the investigating Garda about what your landlord told you, then it's just hearsay

If, on the other hand, the landlord is prepared to make a statement to the effect that the other party made an admission to him then that is admissible as an exception to the rule against hearsay.

Procrastastudy

kilburn wrote: »

I think its pretty obvious that the landlord did not remove him from the house as he wants to keep getting paid the rent on his property.

I cant see the landlord making a statement on your behalf to be fair

Landlord can't remove him he's a tenant. Sorry I should clarify the reason I say this is don't read too much into the LL not chucking the guy out OP.

BornToKill

GCDLawstudent wrote: »

Landlord can't remove him he's a tenant. Sorry I should clarify the reason I say this is don't read too much into the LL not chucking the guy out OP.

That will depend on whether or not the landord lives in the house.

Andy!!

The landlord does live in the house, but wasn't in the house at the time. What difference does it make if he lives here? Just wondering.

Procrastastudy

Because if he lives there he isn't covered by the PRTB and has greater latitude on kicking people out.

Andy!!

Made homeless cause I got assaulted and threatened with a knife, lovely Thanks for your help. I'll speak to him and see if he's willing to trouble himself with making a statement. Will update the thread then.

knird evol

Come on Andy. Just admit it.
You and your mate are trying to stitch this other guy up. Did you
think it would be that easy

Andy!!

My landlord ain't my mate if he won't even back me up when he knows I was assaulted by another tenant thats for sure!