No jail for driver who deliberately drove through cyclist at traffic lights

RobbieMD

eeeee wrote: »

That's what I mean, what is or are there even procedures for judges who are dangerously under-performing? Or are they completely autonomous and untouchable?
Nolan is in a whole other league on incompetence.

No there’s no way to make a complaint about the conduct of judges in Ireland. They enjoy the protections afforded by Article 35 of our constitution. Remember the furore when the constitution was amended during the recession to reduce judge’s pay? That’s what it took to effect any change with them. Can’t see them welcoming any complaints procedures anytime soon

eclipsechaser

https://www.change.org/p/minister-for-justice-judge-martin-nolan-resignation

This seems to be getting a fair bit of action.

work

The various cycling lobby groups should go to town on this. How many people do not cycle because of this crap. I have had people say to me it's my fault if I get hurt cycling as it's so dangerous!!!!
This joke of a judge needs to be forced out by the minister of justice. I also hope it is appealed.

RacoonQueen

begbysback wrote: »

Dunno, think it’s preferable to going to jail and no compensation.

Seems he was provoked.

Provoked how? Do you drive? Drivers look in at each other when they're passing or beep at each other all the time when one of them perceives what the other has done to be stupid or dangerous.
The driver in question in this case, dangerously overtook the cyclist, which now, at the time of this case has a specific law related to it. Only to end up at a red light anyway (what a surprise :rolleyes:). So the cyclist looked in at him at the red light when he got there himself, and you think that this makes it ok to a) drive through him, b) then drive off and c) lie to the police about it? Seriously? Do you seriously think that was provocation? Do you really think 'provoking' someone makes it ok to drive through a human body with your multi tonne vehicle?

Eamonnator wrote: »

Judge Nolan has lots of previous in cases like this.

Indeed. You know by default if he has been the Judge on the case that you will be irritated with the sentence.

begbysback wrote: »

Now cmon, he didn’t actually drive ‘over’ him, it seems the injuries were minimal, plus the judge had the benefit of cctv which I’m sure was a factor in his decision.

Look at this rationally, if your the driver and you have to pay 10k then it’s gonna hurt, on the other hand if your the cyclist do you want the driver to go to jail, or have him pay you 10k - if I’m the cyclist I’d take the 10k

The injuries being 'minimal' was simply a stroke of luck probably attributed to the fact it was from a standing start, the cyclist landed on his head it was lucky he wasn't killed.

If I was the cyclist i would prefer for the driver to go to jail than to take the 10k. Next time he could kill someone, he'd get off for that too in the Irish courts. :rolleyes:

The severity of injuries in a case were someone has used a car as a weapon is immaterial. You do not lose the head because someone looked in at you after you had put them in danger.

begbysback wrote: »

“His victim suffered minor injuries, including soft tissue damage, and has since made a full recovery.“

“CCTV footage played in Dublin Circuit Criminal Court showed Sean Kearns driving straight at cyclist Marcelo Valencia, causing him to come crashing off his bicycle on the middle of a busy road five years ago.”

That’s taken from the times article, the other source may be slightly biased as there’s a noticeable difference between the 2 reports.

I read both reports before browsing onto boards and reading the thread, didn't notice any difference in the reporting. The facts are the same in both, driver drove through someone for no reason and drove off, there is nothing acceptable about that, there is no justification for that.

circadian

begbysback wrote: »

“His victim suffered minor injuries, including soft tissue damage, and has since made a full recovery.“

“CCTV footage played in Dublin Circuit Criminal Court showed Sean Kearns driving straight at cyclist Marcelo Valencia, causing him to come crashing off his bicycle on the middle of a busy road five years ago.”

That’s taken from the times article, the other source may be slightly biased as there’s a noticeable difference between the 2 reports.

Ah right so it's grand to drive a car at a cyclist with the intent of hitting them, as long as they don't get too hurt.

Gotcha.

Fian

Blazer wrote: »

He should be inside already.
Quite honestly I reckon that cyclist now has carde blanche to run him over. There’s no way he’d serve any time over it.

It's actually the opposite. The Legal system will come down harder on someone who takes the law into their own hands and seeks to dispense their own vigilante justice if they are unhappy with the sentence handed down than somebody who did this to a stranger with no previous connection.

spurious

Judge Martin Nolan. Again.

Shedite27

How is he allowed go back on the roads with that record of dangerous driving?

Seth Brundle

Shedite27 wrote: »

How is he allowed go back on the roads with that record of dangerous driving?

Judge Nolan is how! :rolleyes:

paddy no 11

It should be national priority number 1 to get rid of Nolan, he's disgusting and dangerous

RacoonQueen

Seth Brundle wrote: »

Judge Nolan is how! :rolleyes:

I can't bring myself to thank this post...wonder if anyone can dig out a case were he has sent someone to prison, would be interested to know what it takes.

Weepsie

Drugs are his thing. Bit of an old school head on him it seems. Any type of crime that involves drugs, large or small an custodial sentence is the order.

Even for some more serious abuse crimes he gives short and lenient sentences. Even then he is woefully inconsistent.

Martin Shine got 4 years for decades of abuse. The teacher who slept with their student got 3, and someone who abused their own child got 6 months.


PLus he was the judge who jailed the garlic tax guy, but let the anglo lads walk.

Here's another one. A serious assault. IT seems losing your temper is okay with this guy.

https://www.thejournal.ie/man-who-punched-girlfriend-get-suspended-sentence-4863154-Oct2019/

AlanG

mamax wrote: »

More here >
So the message the judge sends out is it's ok to run over a cyclist if your having a bad day it will only cost you 10 grand, what a load of bollicks, that judge should be struck off.

There was a also a civil case settled out of court so hopefully the cyclist got more compensation from that.

plodder

He also jailed the guy last week for three years who was harassing a number of female journalists over the internet. Seems to have certain causes and groups that he empathises with. Or maybe it's random and there is no rhyme or reason to it. The garlic guy's sentence was cut in half on appeal.

Ferris

Weepsie wrote: »

PLus he was the judge who jailed the garlic tax guy, but let the anglo lads walk.

Also jailed my GP for 18 months for tax evasion. He was guilty as sin but, as stated, certain crimes seem to attract the full rigours of the law from 'Judge' Nolan. He's a disgrace.

mathie

This morning on my cycle commute I was at a red light (T junction).
Traffic was coming from the left and they had a green light.
The light turned red for them and a car broke it. (light was now green for us)
Then another car went through the red light.
A third vehicle (van) went to go through the red light.
I moved my bike forward and he stopped, gave me the finger, then noticed the helmet camera and was all apologies.

I moved my bike forward in such a way that he'd 'only' hit my front wheel.
That's what I had to think when I did it.

The roads are getting worse around Dublin.

paddy no 11

What's the cycle hatred about? Have sociologists looked at this? Personally think it's a jealousy thing and certain people who think it's necessary to ape everything that's English and bring it here

RacoonQueen

Ferris wrote: »

Also jailed my GP for 18 months for tax evasion. He was guilty as sin but, as stated, certain crimes seem to attract the full rigours of the law from 'Judge' Nolan. He's a disgrace.

So he doesn't mind child porn or attempted murder but not paying taxes deserves a custodial sentence ( well only for some, not everyone, depends who you are)

PaulieC

paddy no 11 wrote: »

What's the cycle hatred about? Have sociologists looked at this? Personally think it's a jealousy thing and certain people who think it's necessary to ape everything that's English and bring it here

It's a complete impotent rage and picking on the perceived weaker person. They have paid for their cars, they pay road tax :rolleyes: and insurance and are fully entitled to be on the roads. Only when they are on the roads, there are so many of them they cause traffic and when they see cyclists whizzing past they get enraged. They can't do anything about the Govt. or CCs unwillingness to help them out so they pick on the next rung down from them.

Ferris

RacoonQueen wrote: »

So he doesn't mind child porn or attempted murder but not paying taxes deserves a custodial sentence ( well only for some, not everyone, depends who you are)

Pretty much, he's also not too bothered about rape and abuse.

Not that i'm against jailing tax evaders but there was a lot of talk that Dr Naser was being made an example of. Again, I'm not against this but why not make a similar example of Sean Kearns - such an opportunity wasted.

Shedite27

Shedite27 wrote: »

How is he allowed go back on the roads with that record of dangerous driving?

Sure how's he gonna get his golf form back if he can't drive to the golf course?

Dr_Colossus

You need to rack up 215 previous convictions including 14 for dangerous driving and three for hit-and-runs and be on a 25 year driving ban to receive jail in this country:
If we had a justice system this would never have happened:
https://www.thejournal.ie/paul-connelly-eight-and-half-years-for-man-who-drove-into-pedestrians-on-footpath-after-taking-drugs-and-alcohol-4619152-May2019/

goat2

Seth Brundle wrote: »

Judge Nolan is how! :rolleyes:

Shocking, If it is true that the same judge presided over all of these cases

CramCycle

goat2 wrote: »

Shocking, If it is true that the same judge presided over all of these cases

It's true and those are only examples, there are more of where that came from.

Seth Brundle

RacoonQueen wrote: »

I can't bring myself to thank this post...wonder if anyone can dig out a case were he has sent someone to prison, would be interested to know what it takes.

Aha, that would be the crime of importing garlic and not paying tax. Whatever about paedos, we can't be having tax dodgers.
He also jailed a man for 15 months for hoax calling 999
https://www.breakingnews.ie/ireland/jail-for-man-who-made-hoax-999-call-about-pub-shooting-965977.html

Not condoning either of the above cases but to many people, the honourable judge appears to have his priorities a bit arseways!

circadian

mathie wrote: »

This morning on my cycle commute I was at a red light (T junction).
Traffic was coming from the left and they had a green light.
The light turned red for them and a car broke it. (light was now green for us)
Then another car went through the red light.
A third vehicle (van) went to go through the red light.
I moved my bike forward and he stopped, gave me the finger, then noticed the helmet camera and was all apologies.

I moved my bike forward in such a way that he'd 'only' hit my front wheel.
That's what I had to think when I did it.

The roads are getting worse around Dublin.

This is a regular occurrence at the Shanowen Road/Swords Road T junction. I've almost had side on collisions in the car with the kids in the back as a result of people running that red. Mind you I've had near misses with cyclists flying through a red down the swords road too. It's a pretty dangerous junction as you have people gunning down the Shanowen Road to beat the light to turn right.

Kaisr Sose

I encountered one of these types in a van last February. Having a bad time of it so he takes it out on me. I obviously provoked him in some by slowing him on a narrow part of a road as when the road widened, he overtook me needlessly close, and shouted at me. To get him to pull out, I hit the back of the van with the back of my fist hoping the sound would make him pull out.

He passes and then slows to my pace and drives very close to me forcing me toward the kerb. I had nowhere to go, lost balance, fell outward onto the side of the van and then onto the road. I was very nearly hit by the rear wheel. He stopped up the road, then drove off leaving me on the road with some minor injuries. I reported him and had rear cam footage. It was investigated as a hit and run.

Move on to August, I am, told he will not be prosecuted due to lack of evidence. And a.) that it was a 50/50 thing. b.) I was not badly hurt and c.) I did not report it for three weeks (untrue). No other information.

During the course of the investigation I was informed by the investigating Garda that the driver was ' a nice guy', as if that has any relevance to his behaviour.

I am now in the course of seeking fuller particulars on the decision and who made it. (AGS or DPP). Its so difficult to get meaningful and accurate information. If it got to court I would hate to think Judge Martin would get to decide it.

That incident that resulted in a suspended sentence was even worse than mine and I sympathise with the victim. Justice is not administered fairly or proportionately by our justice system, from ground up. It's a broken system.

CramCycle

If you wanted to push it, either the Gardas Super (although they possibly told them not to pursue). or failing that GSOC.

cdaly_

Kaisr Sose wrote: »

I encountered one of these types in a van last February. Having a bad time of it so he takes it out on me. I obviously provoked him in some by slowing him on a narrow part of a road as when the road widened, he overtook me needlessly close, and shouted at me. To get him to pull out, I hit the back of the van with the back of my fist hoping the sound would make him pull out.

He passes and then slows to my pace and drives very close to me forcing me toward the kerb. I had nowhere to go, lost balance, fell outward onto the side of the van and then onto the road. I was very nearly hit by the rear wheel. He stopped up the road, then drove off leaving me on the road with some minor injuries. I reported him and had rear cam footage. It was investigated as a hit and run.

Move on to August, I am, told he will not be prosecuted due to lack of evidence. And a.) that it was a 50/50 thing. b.) I was not badly hurt and c.) I did not report it for three weeks (untrue). No other information.

During the course of the investigation I was informed by the investigating Garda that the driver was ' a nice guy', as if that has any relevance to his behaviour.

I am now in the course of seeking fuller particulars on the decision and who made it. (AGS or DPP). Its so difficult to get meaningful and accurate information. If it got to court I would hate to think Judge Martin would get to decide it.

That incident that resulted in a suspended sentence was even worse than mine and I sympathise with the victim. Justice is not administered fairly or proportionately by our justice system, from ground up. It's a broken system.

You could probably also take a civil case against the driver (should be able to get ID from AGS). Injury, stress etc. Insurer would be involved and would therefore have repercussions for driver...

magicbastarder

if you were involved in an incident involving a van driven on behalf of a company - say 'the hangry goat' brewery; and you were not at fault, how much liability would the company have in terms of any damages?
i.e. is it all on the driver?