Judge judges based on the evidence before him or her

I can't post links but I read an interesting report in breakingnews website today about a Judge who awarded 30,000 euro to a Plaintiff because he was improperly searched by a Garda in a graveyard who suspected that he was either selling or couriering drugs.
All well and good until you google his name and address and then find a treasure trove of interesting court reports.
Having read those reports and then re-reading the 30,000 euro award conclusions are drawn.

If I were a Judge who found out that I'd just awarded a considerable amount of money to someone and then found out their prior history I wouldn't be able to stop myself googling the names of anyone and everyone else before me from that point onward.

For instance if I google a name and address and words like family brawl, stabbing, CAB, burglary kit, etc... return to me even through association it would colour my opinion of a defendant or plaintiff and it would influence the sentence I gave. Thankfully Justice is blind.

On the other hand, if I were a Garda in the local station I'd struggle to drag myself out of bed every day on account the entire futility of my job.

Strumms

The dude could have a list of convictions and be well known to Gardai... but unless a search was carried out legally, he would be entitled to compensation..

https://www.breakingnews.ie/ireland/state-ordered-to-pay-30k-concerning-garda-drugs-search-of-13-year-old-boy-in-church-grounds-967428.html

20Wheel

Unless I'm missing something with regards to that story, 30,000 is an utterly insane amount for having 'endured' a search.

30,000 should be reserved for something on the same level as a fracture and/or getting knocked out during a wrongful arrest. Or a wrongful arrest of a high paid exec in their workplace. Something beyond mild inconvenience.

Plumbthedepths

Had the Guard a legitimate reason to carry out a legal search? If the answer is NO then the Guard f**ked up
and the state as always picks up the price. People have rights no matter their character or history.

Princess Consuela Bananahammock

Deleted User wrote: »

I can't post links but I read an interesting report in breakingnews website today about a Judge who awarded 30,000 euro to a Plaintiff because he was improperly searched by a Garda in a graveyard who suspected that he was either selling or couriering drugs.
All well and good until you google his name and address and then find a treasure trove of interesting court reports.
Having read those reports and then re-reading the 30,000 euro award conclusions are drawn.

If I were a Judge who found out that I'd just awarded a considerable amount of money to someone and then found out their prior history I wouldn't be able to stop myself googling the names of anyone and everyone else before me from that point onward.

For instance if I google a name and address and words like family brawl, stabbing, CAB, burglary kit, etc... return to me even through association it would colour my opinion of a defendant or plaintiff and it would influence the sentence I gave. Thankfully Justice is blind.

On the other hand, if I were a Garda in the local station I'd struggle to drag myself out of bed every day on account the entire futility of my job.

Precisely the reason you're not a judge. it's the crime that gets presided over, not the person.

He could be John Wayne Gacy, it's irrelevant.

30K does seem mad though.

randomspud

We treat our career criminals like toddlers in this country.


Did the mean police man say bad things to you? Here's 30 grand for you troubles.


Were your mammy and daddy mean to you growing up? Here's a suspended sentence because you grew up "disadvantaged".


Are you really sworry for mugging that pensioner to pay for your drug habit? I know it's your 98th conviction but i'm going to give you one more chance to turn this ship around so you are free to go if you pinky promise to be a good boy.

Princess Consuela Bananahammock

Princess Consuela Bananahammock wrote: »

Precisely the reason you're not a judge. it's the crime that gets presided over, not the person.

I adhere to best practice in my own profession. I'm fully confident I could do the same were I in this career but the urge would be almost over-powering at times. It is something to ponder that a Judge these days has plenty of sources of instant information about the persons standing before them but must limit themselves to what the prosecution and defence teams present to them for consideration.

Mad_maxx

I had my house searched for a taser back in 2005, wish I'd sued now

the beer revolu

Gardai are way too freehanded with searches on the street. Also, if they stop a car for any reason they seem to have impunity to search it without warrant or particular reason.
If you object, you can be arrested or your car impounded.
I'm happy to see manners put on the Gardaí in this respect. Judge was sending out a message that guards can't go around searching people in public as they seem to think they can.

Princess Consuela Bananahammock

Deleted User wrote: »

I adhere to best practice in my own profession. I'm fully confident I could do the same were I in this career but the urge would be almost over-powering at times. It is something to ponder that a Judge these days has plenty of sources of instant information about the persons standing before them but must limit themselves to what the prosecution and defence teams present to them for consideration.

That's the whole point.

If you were to be found to doing it, instant mistrial. Even jury members are instructed firmly to not engage in this.

Treble double

the beer revolu wrote: »

Gardai are way too freehanded with searches on the street. Also, if they stop a car for any reason they seem to have impunity to search it without warrant or particular reason.
If you object, you can be arrested or your car impounded.
I'm happy to see manners put on the Gardaí in this respect. Judge was sending out a message that guards can't go around searching people in public as they seem to think they can.

There is a saying people get the police force they deserve. We are going down a dangerous route in this country. The policeman is becoming so afraid of litigation and being disciplined that he/she is better off doing as little as possible and surviving, meanwhile the problem of young gurriers and scumbags running feral and making life miserable for law abiding people is ever increasing. He ho that seems to be what people want and the legal practioners become millionaires from free legal aid on the back of the tax payer. It's a very cosy situation for a certain section of society alright.

Nermal

the beer revolu wrote: »

I'm happy to see manners put on the Gardaí in this respect.

The more manners our Gardaí have, the more emboldened our criminal untermensch become.

Cee-Jay-Cee

Strumms wrote: »

The dude could have a list of convictions and be well known to Gardai... but unless a search was carried out legally, he would be entitled to compensation..

https://www.breakingnews.ie/ireland/state-ordered-to-pay-30k-concerning-garda-drugs-search-of-13-year-old-boy-in-church-grounds-967428.html

Yeah I agree. However €30k is downright obscene. €1000 and apology would have been enough and compensated him well enough. It’s not like the scum bag could have claimed his good name was tarnished as he hadn’t got a good name in the first place.

Just another example of how detached from reality the cretinous members of our judiciary actually are.

Slowyourrole

Chap was only 13 at the time and was just playing football. It also appears he was assaulted during the search. GSOC found the Garda acted unlawfully and the Garda accepted their finding. I don't think the mans record since the search is really relevant. On the plus side, he now has money for victims of his crimes to sue him.

Treble double

Slowyourrole wrote: »

Chap was only 13 at the time and was just playing football. It also appears he was assaulted during the search. GSOC found the Garda acted unlawfully and the Garda accepted their finding. I don't think the mans record since the search is really relevant. On the plus side, he now has money for victims of his crimes to sue him.

A ya a little angel, some people are very insulated from real life

the beer revolu

Nermal wrote: »

The more manners our Gardaí have, the more emboldened our criminal untermensch become.

I have never been arrested but for some reason I have been searched on the street and had my home searched (all a long time ago).
Nothing was found either time.
Why are guards allowed to search people randomly on the street and get warrants to search houses for no reason?

Edgware

Treble double wrote: »

A ya a little angel, some people are very insulated from real life

True. Terrible the way people turned on that poor man in London yesterday. Couldn't they see his murdering people was a cry for help.

Edgware

Slowyourrole wrote: »

Chap was only 13 at the time and was just playing football. It also appears he was assaulted during the search. GSOC found the Garda acted unlawfully and the Garda accepted their finding. I don't think the mans record since the search is really relevant. On the plus side, he now has money for victims of his crimes to sue him.

500 and an apology would be enough. I dont think his experience has prevented him pursuing a career in dong anything useful for society

Edgware

Edgware wrote: »

500 and an apology would be enough. I dont think his experience has prevented him pursuing a career in dong anything useful for society

google his name and you'll see how how someone of the same name from the same rough location and of a similar age is progressing in their family business which appears to be crime.

Edgware

[Deleted User] wrote: »

google his name and you'll see how how someone of the same name from the same rough location and of a similar age is progressing in their family business which appears to be crime.

And then look at the tax deducted section on your payslip.
Great country

Edgware

Edgware wrote: »

And then look at the tax deducted section on your payslip.
Great country

I don't see how tax paid is pertinent to this discussion on blind justice

Princess Consuela Bananahammock

Edgware wrote: »

And then look at the tax deducted section on your payslip.
Great country

Nope. Happy to pay. Don't believe in freebies.

Edgware

[Deleted User] wrote: »

I don't see how tax paid is pertinent to this discussion on blind justice

Who pays these claims? The tooth fairy?

randomspud

Princess Consuela Bananahammock wrote: »

Nope. Happy to pay. Don't believe in freebies.

But you'll pay for other peoples freebies?

Princess Consuela Bananahammock

randomspud wrote: »

But you'll pay for other peoples freebies?

If it means a secure society, then yes. How do you think prisons and An Gardai Siochana are funded?

Strumms

Look, if the Garda had have been doing his job to the required standard the state and taxpayers are not loosing one cent... this is ALL on the Garda... no 13 year old in this country can be mistaken for 18, not possible. This was not an error of judgement, a mistake it was a member of An Garda Siochana acting outside and above their remit and the law... not acceptable. If you are pissed off at the award save your ire for who is solely to blame, The Garda.

Treble double

Strumms wrote: »

Look, if the Garda had have been doing his job to the required standard the state and taxpayers are not loosing one cent... this is ALL on the Garda... no 13 year old in this country can be mistaken for 18, not possible. This was not an error of judgement, a mistake it was a member of An Garda Siochana acting outside and above their remit and the law... not acceptable. If you are pissed off at the award save your ire for who is solely to blame, The Garda.

Where was it said he was mistaken for an 18 year old, under 18s can be searched. This stinks and it is why we have the society we have me it's all about lining the pockets of the judiciary.

Ray Palmer

the beer revolu wrote: »

I have never been arrested but for some reason I have been searched on the street and had my home searched (all a long time ago).
Nothing was found either time.
Why are guards allowed to search people randomly on the street and get warrants to search houses for no reason?

Did they really have no reason? They would have to provide a judge with a reason to get a warrant. The fact nothing was found isn't a declaration or indication of innocence.

I have been stopped and searched by the Gardai. They had their reasons but found nothing. Just not very good at searching

the beer revolu

Ray Palmer wrote: »

Did they really have no reason? They would have to provide a judge with a reason to get a warrant. The fact nothing was found isn't a declaration or indication of innocence.

I have been stopped and searched by the Gardai. They had their reasons but found nothing. Just not very good at searching

Well, I was unknown to Gardaí, as was my house mate.

A guy called to our house who was known to Gardaí. He would have been caught a few times with small amounts of hash but never charged with anything afaik.
So it seemed that all the judge needed to know was that a young fella who had been caught previously for possession has had called to a house. So, anywhere he went was fair game for a warrant??

Other time, ( a few years later) I was stopped randomly on the street and searched. They did not know who I was. A friend of mine was stopped and searched on the street for absolutely no reason.

They used to search whoever and wherever they wanted, it seemed.
I'm glad that they can be called to order on these matters.