Viscious thug sexually assaults 17 year old, and walks free!

PizzamanIRL

These perverts, always fecking gingers.

Spanish Johnny

I really cannot believe this. I could write a thousand word diatribe of anger but it's beyond comprehension this.

Funnily enough in a perverse and very indirect way the people in Ballyconnell at the Sean Quinn rally last week could almost be entitled to feel vindicated in challenging a ruling of a court of this country.

I believe the courts should be above this kind of questioning before anyone jumps down my throat as I support it's decision in the Quinn case. However my point is that with this case and the other verdict with the Lyons man convicted of sexual assault makes one wonder about law and justice.

super_furry

Martin Nolan is not fit to judge a tidy towns competition, never mind anything else. You'd have to wonder about just how serious he believes sexual attacks are given his track record. Certainly much less important than skipping tax on garlic.

davet82

These stories are bringing new meaning to 'paying for your crime'...

fcuking disgusting!

LittleBook

Lingua Franca wrote: »

This is outrageous. How on earth is he still a judge?

More pertinently, how do we complain and get him investigated?

There are nearly 40 judges in the circuit courts, why does this particular one keep coming up over and over again?

Mother Screams At Judge For Sentence Handed Down To Son

Wow. While I have absolutely no sympathy for this thug or his excuse for a mother, it seems we're not the only ones noticing the inconsistencies in sentencing.

I'd be careful about making a complaint:

Engineer Must Pay €17,500 To Judge He Insulted

Judge accepts the word of Two Other Judges in Making the Award

eviltwin

Are judges totally untouchable?

omahaid

eviltwin wrote: »

Are judges totally untouchable?

Yes

eviltwin

LittleBook wrote: »

I'd be careful about making a complaint:

Engineer Must Pay €17,500 To Judge He Insulted

If I hadn't read the article I would have assumed you were making that up, it just beggars belief :eek:

steddyeddy

I think the elephant in the room is the fact that a proportion of Irish judges dont seem to think sexual assault, molestaion or rape are big problems.

STI V5

Suppose ill get me toothbrush and vaseline packed up:eek: I would imagine the gardai are getting kitted out in riot gear to make a daylight raid on all of us real criminals for speaking our minds and having an opinion !!

Easy Rod

IrishFeeney92 wrote: »

Omars Comin!

The judge must have decided he didn't want to come at the king in case he missed.

JJayoo

Judge Martin Nolan has a history of leniency towards sex offenders.

Isolt

steddyeddy wrote: »

I think the elephant in the room is the fact that a proportion of Irish judges dont seem to think sexual assault, molestaion or rape are big problems.

This says everything in my opinion.

I feel ill over this case. A relative of mine had an awful ordeal a few years ago where the judge made a massive mess up like this.

A guy who was crazy about her kept texting her and she didn't reply because she had a boyfriend. He was texting her all the time saying he knew where she was, which lectures she was in etc. Her housemates went out on a Friday (my relative didn't because she had a repeat exam and was studying) and the guy snuck into her house while she was downstairs and hid in her room. She heard something fall on the ground upstairs and noticed the keys were gone from her front door. Imagine how scared she was. She climbed out the window and her neighbours called the police. They found the guy in her bedroom with some blue rope and tape.
It went to court, he was fined for breaking an entry. That was that.

He has since raped a student outside a well known University. In my opinion, the judge is 100% responsible for the rape of that poor girl and this guy is no better.

EDIT: I don't want to write too many details about it but the offender in question came from a family who owned a big food chain. Being fined was nothing to him.

Ash.J.Williams

krudler wrote: »

Just goes to show how out of touch Irish judges are, slap on the wrist for serious assaults, jail time for importing garlic or not paying tax.

you can't really keep comparing rape to garlic importation. We need white collar law too. HIs sentence was very harsh though, or perhaps he got the proper sentence and other tax dodgers get off lightly.

Death and Taxes

Ash.J.Williams wrote: »

you can't really keep comparing rape to garlic importation. We need white collar law too. HIs sentence was very harsh though, or perhaps he got the proper sentence and other tax dodgers get off lightly.

Of course we can compare! In one case a NON violent criminal with no previous convictions who was reapying the money to the revenue got 6 years, in another case a very violent criminal, with at least four prior assault convictions was allowed walk free from court if he agree to pay €15,000 within 12 months. That is not a justice system, it is an obscenity.:mad:
I doubt the women of Ireland need to fear the Garlic man, however we should all be very worried about the sex attacker. Thats the comparison.

Ash.J.Williams

WileyCoyote wrote: »

Of course we can compare! In one case a NON violent criminal with no previous convictions who was reapying the money to the revenue got 6 years, in another case a very violent criminal, with at least four prior assault convictions was allowed walk free from court if he agree to pay €15,000 within 12 months. That is not a justice system, it is an obscenity.:mad:
I doubt the women of Ireland need to fear the Garlic man, however we should all be very worried about the sex attacker. Thats the comparison.

I doubt women fear sean quinn and the anglo lads too

steddyeddy

Ash.J.Williams wrote: »

I doubt women fear sean quinn and the anglo lads too

This judge sent out the message that garlic tax evasion is worse than sexual assault. Justice has to be consistent and relattive to the crime.

poeticseraphim

Nothing new the gaurds and the judicary have always had a misogynistic streak.

This is why women never report it.

When it comes to women and childen's rights this country is ignorant.

My personnal experience with the guards both male and female is that sex crimes are not a priority and they are lazy and corrupt.

Grayson

Guys, this guy didn't rape her. So it's probably a mistake to say rapists can pay a fine and get away it. based on what I read, the assault happened in public and was short in duration. If you remove the sexual nature of it, it actually counts as a minor assault.

I know of a girl who got assaulted a number of years ago (pre-boom). It wasn't sexual, it was her BF of the time hitting her. The cops were called, he was brought to court. When the judge sentanced him he said it was a first offence, and an assault of short duration. He then turned to the victim and said although a custodial sentance wasn't warrented he was going to give a suspended sentance to make sure he stayed out of trouble. He was also going to fine the guy 6 grand because he thought she needed a good holiday.

this guy has 4 previous convictions for assault (the article doesn't say if they were sexual). I would have done exactly like the judge except maybe give him either a short term sentance or a suspended sentance.

As bad as this is, it's not as bad as it could have been. I classify sexual assault as everything from unwelcome gropeing up to rape and battery. And there has to be a spectrum of sentances. We can't jail people for life for every sexual assault.

And I don't even know if it should factor into it but the guy must have been on something. He assaulted a girl in public outside a chippers whilst her friend was standing next to her. Some kind of drug must have contributed to him being so fecking stupid.

eviltwin

Grayson wrote: »

Guys, this guy didn't rape her. So it's probably a mistake to say rapists can pay a fine and get away it. based on what I read, the assault happened in public and was short in duration. If you remove the sexual nature of it, it actually counts as a minor assault.

I know of a girl who got assaulted a number of years ago (pre-boom). It wasn't sexual, it was her BF of the time hitting her. The cops were called, he was brought to court. When the judge sentanced him he said it was a first offence, and an assault of short duration. He then turned to the victim and said although a custodial sentance wasn't warrented he was going to give a suspended sentance to make sure he stayed out of trouble. He was also going to fine the guy 6 grand because he thought she needed a good holiday.

this guy has 4 previous convictions for assault (the article doesn't say if they were sexual). I would have done exactly like the judge except maybe give him either a short term sentance or a suspended sentance.

As bad as this is, it's not as bad as it could have been. I classify sexual assault as everything from unwelcome gropeing up to rape and battery. And there has to be a spectrum of sentances. We can't jail people for life for every sexual assault.

And I don't even know if it should factor into it but the guy must have been on something. He assaulted a girl in public outside a chippers whilst her friend was standing next to her. Some kind of drug must have contributed to him being so fecking stupid.

The only reason she wasn't raped was because she was fortunate enough to have a friend who pulled him off her. He told the gardai he wanted to "make her feel inferior". This guy is one fcuked up sicko and should be in jail.

poeticseraphim

steddyeddy wrote: »

I think the elephant in the room is the fact that a proportion of Irish judges dont seem to think sexual assault, molestaion or rape are big problems.

Years ago one was convicted of owning child porn .

A lot of his cases had to be reviewed.

They themselves might havge 'ODD' private lives....and these are the people they ask us to give MORE power to in the children's ref.

Napper Hawkins

omahaid wrote: »

Yes

How do we change that so?

jmayo

krudler wrote: »

Just goes to show how out of touch Irish judges are, slap on the wrist for serious assaults, jail time for importing garlic or not paying tax.

http://www.boards.ie/vbulletin/showthread.php?t=2056772877&page=8

K-9 wrote: »

I think there was another thread on this recently so closing this for now. Oops, this is another case again so opened again!

Since no one is posting on that one and the issue here is the continous lax treatment of sexual offenders by this judge I think the discussion on the other thread is linked to this.
Hope you don't mind.

For any of you who don't know the track record of judge nolan, here are a few of his highlights.

He gave 6 years to a garlic smuggler who did not pay import duty on his gralic imports.
Now what was really unsual about this was not just the severity of the sentence but that he gave two consecutive sentences.
Yes you heard me right, consecutive and not the usual concurrent that are handed down to rapists, murderers, man slaughters, assualters, kidnappers, etc.

Then he handed down a 4.5 year sentence to a man that defrauded Tesco of about 100,000 euro, but in this case he suspended over two years of it.

Then he decided that a car dealer who had sexually assaulted his neices, who were adults at the time, didn't deserve any custodial sentences since the release of his name was deemed punishment enough.

Of course his apologists state that the man had a good record and he probably wouldn't offend again.
Oh and the nieces were adults and not kids. :rolleyes:

Now cut to the latest case.
He gives a guy who asaulted a young woman, in pushing her about and trying to tear off her clothes which was deemed a sexual assualt, a suspended sentence on the grounds he coughs up 15,000 euro.
Oh and the guy has 4 previous convictions some for assault.

I am just waiting for the day when we read, much like judge in Galway who released on bail gerard barry so that he was free to rape and murder a 17 year old girl visiting the city, how this fine judge has released someone who is later up in court for rape or murder.

The sooner these inept judges are made responsible for their inactions in keeping offenders off our streets the sooner they cop on to themselves.

This judge has no place in a criminal court and looking at his adherence to stiff sentences for fraud I suggest he be moved to the commerical court to help the likes of justice Kelly.

B0jangles

Grayson wrote: »

Guys, this guy didn't rape her. So it's probably a mistake to say rapists can pay a fine and get away it. based on what I read, the assault happened in public and was short in duration. If you remove the sexual nature of it, it actually counts as a minor assault.

I know of a girl who got assaulted a number of years ago (pre-boom). It wasn't sexual, it was her BF of the time hitting her. The cops were called, he was brought to court. When the judge sentanced him he said it was a first offence, and an assault of short duration. He then turned to the victim and said although a custodial sentance wasn't warrented he was going to give a suspended sentance to make sure he stayed out of trouble. He was also going to fine the guy 6 grand because he thought she needed a good holiday.

this guy has 4 previous convictions for assault (the article doesn't say if they were sexual). I would have done exactly like the judge except maybe give him either a short term sentance or a suspended sentance.

As bad as this is, it's not as bad as it could have been. I classify sexual assault as everything from unwelcome gropeing up to rape and battery. And there has to be a spectrum of sentances. We can't jail people for life for every sexual assault.

And I don't even know if it should factor into it but the guy must have been on something. He assaulted a girl in public outside a chippers whilst her friend was standing next to her. Some kind of drug must have contributed to him being so fecking stupid.

Did you read the part from report where the girl was so traumatised she was unable to leave her own house for a month:

"A victim impact report handed into the court said that the victim had attended for counselling every fortnight for the last six months and still suffered flashbacks and had trouble sleeping.

She did not leave her home for more a month and did not want to attend court as she could not face Griffiths."

The only reason he didn't rape her is because her friend dragged him off her - this guy will do this again, and his next victim might not have someone around to drag him off.

Also how exactly is is his "being on something" a mitigating factor?

This guy is a dangerous person. He should be in prison.

jmayo

poeticseraphim wrote: »

Years ago one was convicted of owning child porn .

If you mean the judge in Kerry, he wasn't convicted of possessing child porn.
The case was thrown out since the defense claimed and proved to another judge that the warrant used by the Gardaí was not valid due to the date.

Thus he got off on a technicality and was not found guilty.

What cannot be denied is that he did have child pornographic images on his computer and thus one can make a good assumption on his moral and ethical character.

Of course what that case really highlighted was the fact how hard it was to remove him from the bench.

Slunk

Haven't read the whole thread but this judge seems to come up a lot when very leinient sentences are handed out. Judge Martin nolan should be ****ed out of the courts. Its a shambles the sentences he hands out. Hope he is the victim of a serious assault in the near future. Prick

Cienciano

While we're giving out about judges:
If you're found with over 8,000 child porn images and almost 700 videos, tell the judge that "I was downloading them because I thought that deleted them from the internet"

http://www.independent.ie/national-news/courts/nurses-aid-given-suspended-sentence-for-child-porn-offences-3263661.html

Beggars belief some of the decisions judges make and the bullshít they believe

gurramok

Where are the Womens groups crying foul over the lack of deterrent sentencing in sexual cases? Any protests outside the courts?!

Ireland is becoming like a Saudi Arabia where womens rights are not respected. Perhaps we need some sort of intervention in our legal system from the EU to fix it.

Oh, you can't sack a judge. Remember the Judge Brian Curtin case. Great little country :mad:

allibastor

gurramok wrote: »

Where are the Womens groups crying foul over the lack of deterrent sentencing in sexual cases? Any protests outside the courts?!

Ireland is becoming like a Saudi Arabia where womens rights are not respected. Perhaps we need some sort of intervention in our legal system from the EU to fix it.

Oh, you can't sack a judge. Remember the Judge Brian Curtin case. Great little country :mad:

all that lad can hope for now is a bit of re-action from the public. I keep photos of scum like him at home, waiting for the day i meet them. i remember a guy in Shannon Co. Clare who beat up a small baby. I still keep an eye out if i am passing.

ahnowbrowncow

gurramok wrote: »

Where are the Womens groups crying foul over the lack of deterrent sentencing in sexual cases? Any protests outside the courts?!

Ireland is becoming like a Saudi Arabia where womens rights are not respected. Perhaps we need some sort of intervention in our legal system from the EU to fix it.

Oh, you can't sack a judge. Remember the Judge Brian Curtin case. Great little country :mad:

:rolleyes:

This judge is a joke and has made numerous ridiculous decisions but to compare Ireland to Saudi Arabia is just as ridiculous, quit sensationalising

steddyeddy

Well said gurramok. Women and children in this country have been and are currently given zero respect when the sh1t hits the fan. Imagine being the victim of this crime knowing someone who sexually assaulted you was walking free. The catholic view of women and kids in this country still prevails.

Show Time

Only winners in all this are lawyers.

Death and Taxes

Show Time wrote: »

Only winners in all this are lawyers.

I would be more concerned about the losers, the victim and society in general, as well as public respect for the rule of law and the judiciary.

Grayson

Cienciano wrote: »

While we're giving out about judges:
If you're found with over 8,000 child porn images and almost 700 videos, tell the judge that "I was downloading them because I thought that deleted them from the internet"

http://www.independent.ie/national-news/courts/nurses-aid-given-suspended-sentence-for-child-porn-offences-3263661.html

Beggars belief some of the decisions judges make and the bullshít they believe

It beggars belief that the guy could hand in a computer with that much child pron to a computer shop for repair. He probably did it with the instructions to back everything up and reinstall the OS.

It's actually reassuring that if we're going to have criminals, at least they're dumb ones.

steddyeddy

ahnowbrowncow wrote: »

:rolleyes:

This judge is a joke and has made numerous ridiculous decisions but to compare Ireland to Saudi Arabia is just as ridiculous, quit sensationalising

Actually I disagree. We had several decisions in the last few years that let off rapists, sex offenders, peadophiles and those who owned child porn. We had a rapist in some backwater location in Ireland who had his hand shook by people in the court after he was found guilty of sexual assault.

We had gaurds ignore those looking for help to stop abuse they were enduring and the gaurds "lost" files (deliberately). These arent some issues that happened decades ago. They happend recently. An episode of newsnight last year highlighted the case were a victim of Brendan Smyth told the gaurds he was being abused by smyth. The chaps mother went back to the gaurds (I really dont like calling them that in this case it implies they confer protection) a few weeks later. The gaurd in charge of case said he had "lost" the file (happened again a few time as mentioned in the cloyne report). The victim commit suicide within the week. Newsnight finished the story saying the "gaurds" involved declined to comment and the gaurd who told the women he lost the file was now second in charge of the gardai.

So in summary we have judges letting off people who assault and rape women and those who own child porn. Second in charge of our state police force is a man responsible for the sexual abuse of more of smyths vicitms (as are other gaurds responsible for ignoring the abuse in cloyne) and the death of one of his vicitms. I really dont see how this state can claim to be any better than place with very backward attitudes towards women and children.

Grayson

eviltwin wrote: »

The only reason she wasn't raped was because she was fortunate enough to have a friend who pulled him off her. He told the gardai he wanted to "make her feel inferior". This guy is one fcuked up sicko and should be in jail.

But she wasn't raped. If you want to start sentancing people based on what they didn't do, you'll run into trouble soon.

Do we charge and sentance every person who commits an assault with murder because it could have ended up that way?

Death and Taxes

Grayson wrote: »

But she wasn't raped. If you want to start sentancing people based on what they didn't do, you'll run into trouble soon.

Do we charge and sentance every person who commits an assault with murder because it could have ended up that way?

He was charged with sexual assault, which you along with the judge appear to think is trivial, plus the guy had four previous conviction for assault causing harm. The victim was left traumatised and is still suffering.
Sexual assault carries a maximum 5 year sentence yet you seem to agree that it was ok for this serial violent offender to walk out of court scot fee, I just don't get that talabanistic mindset:mad:

B0jangles

Grayson wrote: »

But she wasn't raped. If you want to start sentancing people based on what they didn't do, you'll run into trouble soon.

Do we charge and sentance every person who commits an assault with murder because it could have ended up that way?

No, we charge attempted murderers with "Attempted murder" and incarcerate them as such.

Is it such a leap to expect that an attempted rapist be charged with something that matches the severity of "attempted rape" and given a commensurate sentence?

Cienciano

Grayson wrote: »

It beggars belief that the guy could hand in a computer with that much child pron to a computer shop for repair. He probably did it with the instructions to back everything up and reinstall the OS.

It's actually reassuring that if we're going to have criminals, at least they're dumb ones.

That's how Gary Glitter was caught. The guy in the story I posted spend some time in Thailand. I'm guessing he didn't go because he liked thai green curry

steddyeddy

Does the legal definition of the attack change the amount of trauma suffered by the victim. Basically if a woman is assaulted and manages to fight off an attacker thus preventing rape the attacker gets a lower sentence because he didnt finish the act?

marcsignal

the keen edge wrote: »

Many previous convictions, four for assault, then an sexual assault on a 17 year old.

I'm confused: can somebody please explain how this guy didn't get a jail sentence?

Clearly the poor fellah needs a Hug.

Why not bring him straight to Dublin zoo and throw him into the Bear enclosure.

:pac:

steddyeddy

marcsignal wrote: »

Clearly the poor fellah needs a Hug.

Why not bring him straight to Dublin zoo and throw him into the Bear enclosure.

:pac:

The only reason I can think if is that the bears are gone! Chimps would be more aggressive towards him anyway so its a win win situation!

Judgement Day

Surprisingly, this judge is an ex.garda so you would expect him to have more grasp of the seriousness of the offence as he must have dealt with similar scum when on the force.

Show Time

WileyCoyote wrote: »

I would be more concerned about the losers, the victim and society in general, as well as public respect for the rule of law and the judiciary.

Do you really think any lawyer out there cares about victims and society??

Death and Taxes

Show Time wrote: »

Do you really think any lawyer out there cares about victims and society??

I said I would be more concerned about the losers, I couldn't give a toss what the lawyers think.

marcsignal

wtf is going on with these judges ?? seriously now

Why wasn't this guy behind bars already ? It brings me back to the Larry Murphy release. The guy flat refused any kind of counseling in jail, and was released anyway. Big mistake. He's walking around out there somewhere, and must be as much of a danger to people now, as before. He should have been kept in jail at the Ministers pleasure, imo, but I'm not even sure if that's permitted under Irish law.

I've said it before, get the top six judges in the country, and dump them on O Connell St, Camden St, or Harcourt St @ 2am on a Saturday night.

You will see new laws pdq.

Grayson

B0jangles wrote: »

No, we charge attempted murderers with "Attempted murder" and incarcerate them as such.

Is it such a leap to expect that an attempted rapist be charged with "attempted rape" and given a commensurate sentence?

Does that charge exist? Cos if we start charging people with made up srtuff we're going down a slippery slope.

Teyla Emmagan

I am just horrified by this. He should have to endure the fear and shame and humiliation of going to jail, because those are exactly the emotions he put his victim through. You can't put a price on an assault like this and even if you could 15k would be too little.

That judge is a disgrace to his profession.

Boombastic

This is a disgrace of a story and I fell sick that anyone would try and defend this attacker or the judge. FFS, this is one individual who should be jailed and for a long time. the judge should be removed from the bench, it's ridiculous

Grayson

steddyeddy wrote: »

Does the legal definition of the attack change the amount of trauma suffered by the victim. Basically if a woman is assaulted and manages to fight off an attacker thus preventing rape the attacker gets a lower sentence because he didnt finish the act?

Yes. the same way someone who doesn't kill someone isn't charged with murder. I know it's a hard concept to get.

Either an even happens or it doesn't. Unless you're a special cat, you can't be both dead and not dead at the same time.

The same goes for other crimes. We don't charge people with a crime unless they actually commit it.