dangerous criminals released from prison due to supreme court ruling

Raging_Ninja

http://www.rte.ie/news/2012/0524/court-of-criminal-appeal-kidnapping-convictions.html

one ruling and now the floodgates are open and we have dangerous thugs being released from prison left and right. Fucking bleeding heart do-gooders.

Court of Criminal Appeal quashes 2005 kidnap convictions
Updated: 14:28, Thursday, 24 May 2012

The Court of Criminal Appeal has quashed the convictions of three men jailed for kidnapping the family of a Securicor driver in 2005.

The court has ordered a retrial for Jason Kavanagh, 35, Parlickstown Court, Mulhuddart; Mark Farrelly, 39, Moatview Court in Priorswood; and Christopher Corcoran, 63, Bayside Boulevard, Dublin.

They were found guilty in 2009 of falsely imprisoning Paul Richardson, his wife and their two sons on 13 and 14 March 2005 and stealing €2.28m from Mr Richardson and Securicor on the same date.

The trial lasted for 66 days. All three denied the charges.

Farrelly and Kavanagh were jailed for 25 years, while Corcoran was sent to prison for 12 years by Judge Tony Hunt. All three men appealed their convictions.

The Court of Criminal Appeal held today that their convictions "could not stand".

It said that evidence used during their trial was obtained on foot of warrants that the Supreme Court has found to be defective.

Gardaí searched each of their homes under what is known as a Section 29 Warrant.

The Supreme Court, however, found earlier this year that this warrant was unconstitutional and the three men were today able to rely on that finding.

Two weeks ago the court quashed the conviction of Ted Cunningham, who was in 2009 found guilty of laundering more than £3m from the Northern Bank robbery in 2004.

Three other cases were halted before the Special Criminal Court and 20 other trials could also be affected.

The Department of Justice has said legislation to deal with the issue is being drafted as a priority.

In a statement, the department said: ''The Government on 27 March approved the priority drafting of the Criminal Justice (Search Powers) Bill to restore, in updated form, the search warrant provision in section 29 of the Offences against the State Act 1939.''

That was ''struck down by the Supreme Court in its judgment in the case of Ali Charaf Damache v The Director of Public Prosecutions, Ireland and the Attorney General'' in February 2012.

It said the Bill ''will replace section 29 of the Offences Against the State Act, 1939 with a search warrant provision which takes account of the Supreme Court Judgement.''

The department expects the Bill to be published shortly and enacted before the summer break.

Mark Farrelly, Jason Kavanagh and Christopher Corcoran have been remanded in custody pending a retrial and the court will sit again at 2pm today for submissions.

mikemac1

Mark Farrelly, Jason Kavanagh and Christopher Corcoran have been remanded in custody pending a retrial

Chill OP, they are not hitting the streets

They stay in jail while they wait for the new trial

Raging_Ninja

mikemac1 wrote: »

Chill OP, they are not hitting the streets

They stay in jail while they wait for the new trial

the problem is that the evidence garnered by the searches carried on foot of the now 'defective' warrants are no longer valid, if they follow the same rules as the guy who has to be retried on the new northern bank money laundering.

SEPT 23 1989

Will the person who issued the defective warrants be sacked?

Dyr

You're blaming bleeding heart liberals? It was'nt liberals that were misusing offences against the state legislation in ordinary ordinary criminal cases

thebigbiffo

hang them, flay them, bugger them with hot pokers, kill their children.

GRAB YOUR PITCHFORKS - IT'S TIME THESE SCUM FELT AH JUSTICE!!!

well, that or we see how the re-trials go...

UnknownSpecies

If I was the husband I'd want them to be free. Very hard to run someone over if they're behind bars....

Morlar

Raging_Ninja wrote: »

the problem is that the evidence garnered by the searches carried on foot of the now 'defective' warrants are no longer valid, if they follow the same rules as the guy who has to be retried on the new northern bank money laundering.

Based on

In a statement, the department said: ''The Government on 27 March approved the priority drafting of the Criminal Justice (Search Powers) Bill to restore, in updated form, the search warrant provision in section 29 of the Offences against the State Act 1939.''

That was ''struck down by the Supreme Court in its judgment in the case of Ali Charaf Damache v The Director of Public Prosecutions, Ireland and the Attorney General'' in February 2012.

A SUSPECT in an alleged conspiracy to murder a Swedish cartoonist over his drawing of the prophet Muhammad has won a Supreme Court challenge to a law under which a warrant to search his home was issued by a Garda detective superintendent.

Cartoonist Lars Vilks’s depiction of Muhammad provoked serious unrest in several Muslim countries, the court was told.

Ali Charaf Damache (45), an Algerian with an address at John Colwyn House, High Street, Waterford, was arrested after his house was searched because it was suspected he was involved in an alleged international conspiracy to kill Mr Vilks along with several others.

http://www.irishtimes.com/newspaper/ireland/2012/0224/1224312311339.html

Raging_Ninja

SEPT 23 1989 wrote: »

Will the person who issued the defective warrants be sacked?

The problem is that the warrants weren't defective at the time, they have been made defective retrospectively by the supreme court.

TwoShedsJackson

So who are the bleeding heart do-gooders in this?

smash

Don't worry, they'll be replaced by TV license dodgers soon enough!

Nodin

Raging_Ninja wrote: »

http://www.rte.ie/news/2012/0524/court-of-criminal-appeal-kidnapping-convictions.html

one ruling and now the floodgates are open .

3 people up for retrial =/= "floodgates are open"

Raging_Ninja wrote: »

and we have dangerous thugs being released from prison left and right. Fucking bleeding heart do-gooders.

Yeah, liberal Supreme Court hippies. They should get their wigs cut and get a job.

Who needs law anyway? We'll run the country by kneejerk reaction and emotional reasoning. Foolproof scheme.

K-9

SEPT 23 1989 wrote: »

Will the person who issued the defective warrants be sacked?

They wouldn't have been defective when they were issued if I'm reading it correctly. They only became unconstitutional in February this year. This isn't really a case of Garda negligence.

Morlar

Nodin wrote: »

3 people up for retrial.....

+

Two weeks ago the court quashed the conviction of Ted Cunningham, who was in 2009 found guilty of laundering more than £3m from the Northern Bank robbery in 2004.

Three other cases were halted before the Special Criminal Court and 20 other trials could also be affected.

davet82

damn them, no good do-gooders

Dyr

Raging_Ninja wrote: »

The problem is that the warrants weren't defective at the time, they have been made defective retrospectively by the supreme court.

emm...No. The warrants were unconstitutional at the time, that's the supreme courts ruling.

The problem is our various govts habit of pushing through legislation that give the gardas extraordinary powers.

Raging_Ninja

Bambi wrote: »

emm...No. The warrants were unconstitutional at the time, that's the supreme courts ruling.

The problem is our various govts habit of pushing through legislation that give the gardas extraordinary powers.

No, the problem is that it wasn't unconstitutional until a few weeks ago. They were valid laws up until the courts retrospectively rendered them unconstitutional.

mikemac1

I never heard of Ali Charaf Damache from Waterford

He's not been keeping the best of company

His Libyan friend with immigration issues

Abdul Salam Monsour Khalil Al-Jahani was charged with an immigration offence at the court in Waterford, southeast Ireland. The 32-year-old Libyan is accused of presenting false documentation under the Immigration Act 2004.

Two of them charged

Two Muslim men, Ali Charaf Damache and Abdul Salam Monsour Khalil Al-Jahani, were charged in Ireland, on Monday 03/15/2010, after a probe into an alleged plot to kill the SWEDISH CARTOON illustrator Lars Vilks, who drew indecent cartoons of Prophet Mohammed, a report said.

And his friends convicted in the USA, they all pleaded guilty

The indictment further alleged that Damache, also known as "theblackflag" and Khalid conspired with Colleen LaRose (a/k/a Jihad Jane) and Jamie Paulin Ramirez in a conspiracy to wage violent jihad overseas.

LaRose has pleaded guilty on charges she plotted to recruit terrorists and murder Swedish cartoonist Lars Vilks. She is awaiting sentencing with another woman, Jamie Paulin Ramirez, who has pleaded guilty to charges she conspired with LaRose to support and train terrorists.

In May 2012, Mohammad Khalid pleaded guilty to conspiracy to provide material support to terrorists.

He won his challenge over a defective warrant but he's no saint.

Maybe the USA will want him sent over

Nodin

Morlar wrote: »

+

....seeing as they're up for retrial and will, in the majority of cases, probably not be released, I'm still not feeling flooded.

MagicSean

There are two things which really show up the stupidity of this whole situation.

The warrants would have been constitutional if they had been issued by a Superintendent not connected with the case. If this is true then why was the whole section struck out and not just warrants that were signed by a local Super?

When the statutory rape law was struck out a while back it was not applied retrospectively because of the obvious problem with releasing sex offendors. Why was this not the case here?

And this is only the tip of the iceberg. There will be many more people appealing their convictions and succeeding. And these are all the most dangerous criminals.

Nodin

MagicSean wrote: »

There are two things which really show up the stupidity of this whole situation.

The warrants would have been constitutional if they had been issued by a Superintendent not connected with the case. If this is true then why was the whole section struck out and not just warrants that were signed by a local Super?

When the statutory rape law was struck out a while back it was not applied retrospectively because of the obvious problem with releasing sex offendors. Why was this not the case here?

And this is only the tip of the iceberg. There will be many more people appealing their convictions and succeeding. And these are all the most dangerous criminals.

Doubtless the Supreme court has fucked up the legal issues involved. You, however, can now set them straight with your insight.

MagicSean

Nodin wrote: »

Doubtless the Supreme court has fucked up the legal issues involved. You, however, can now set them straight with your insight.

Unfortunately Supreme Court judges are beyond reproach.

forfuxsake

There ain't being any need for no trials when the person is obviously guilty, trials are there to make sure that people what never did nothing don't incarnated for something that wasn't them.

Nodin

forfuxsake wrote: »

There ain't being any need for no trials when the person is obviously guilty, trials are there to make sure that people what never did nothing don't incarnated for something that wasn't them.

"Kill" is what I say. Bit more of that and the world would be a better place.

Scioch

How important was this section 29 warrant to the Gardai though ? How much did they rely on it ? Because if evidence attained under it makes the bulk of the case a lot of scummers will be walking free after draining the state coffers with a million retrials.

Scioch

Bambi wrote: »

emm...No. The warrants were unconstitutional at the time, that's the supreme courts ruling.

The problem is our various govts habit of pushing through legislation that give the gardas extraordinary powers.

Can it be changed now to make it constitutional then and nullify any grounds to use it to force a retrial ?

MagicSean

LordSmeg wrote: »

How important was this section 29 warrant to the Gardai though ? How much did they rely on it ? Because if evidence attained under it makes the bulk of the case a lot of scummers will be walking free after draining the state coffers with a million retrials.

Very important. It was the warrant used for most crimes involving terrorism, firearms and kidnapping.

forfuxsake

Nodin wrote: »

"Kill" is what I say. Bit more of that and the world would be a better place.

Kill? Kill? it's too good for them. If they kill somebody I love then I should be allowed to painfully kill somebody everybody they love and then keep them awake watching videos of me beating their granny, newborn, fav football player etc. to death. Might sound harsh but it would illuminate all crime.

thebigbiffo

forfuxsake wrote: »

Might sound harsh but it would illuminate all crime.

you're dead light

snar snar

forfuxsake

thebigbiffo wrote: »

you're dead light

snar snar

I'll illuminate you.

forfuxsake

forfuxsake wrote: »

There ain't being any need for no trials when the person is obviously guilty, trials are there to make sure that people what never did nothing don't incarnated for something that wasn't them.

I think you meant incarcerated you illiterate gimp.:rolleyes: