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I think justice was served here.

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  • Posts: 25,611 ✭✭✭✭ [Deleted User]


    One way of looking at it would be that the 12 people who saw the footage all agreed that it wasn't murder. They all agreed it wasn't manslaughter. They all agreed it wasn't even assault. I really don't get why you're talking in hypotheticals and what about maybe this or that while ignoring that the CCTV evidence appears to have been extremely compelling.



  • Registered Users Posts: 553 ✭✭✭Munsterlad102


    Have any photos been released of the knife used? I've heard it referred to as a "utility knife" and as a "spring loaded knife", one being legal and the other being an offensive weapon. Also the possession of a knife in a public place is highly restricted, so it's interesting he wasn't charged in relation to that.



  • Registered Users Posts: 40,232 ✭✭✭✭Boggles


    Huh? No we categorically know that Mr Bento was not being a scumbag. You know the whole trial where the entire incident was shown to the jury?

    Never suggested the deceased instigated anything, but he did escalate the violence.

    He willingly part took in violent and aggressive behaviour.

    Now one can paint him as a scumbag or a gentle lamb, doesn't really matter, what he did was caught on camera, what he did were not actions of someone of good character.



  • Registered Users Posts: 2,505 ✭✭✭Citizen  Six


    Dunne may not have been a scum bag, but he was hanging around with scum bags. He certainly shouldn’t have got involved in assaulting two men just out trying to do a hard days work. He’d be alive if he had made better choices.

    A lot has been said about him being a promising young footballer. It’s a shame that covid interrupted the path that was probably keeping him away from trouble.



  • Registered Users Posts: 40,458 ✭✭✭✭ohnonotgmail


    we know the sequence of events. He didn't become involved due to circumstances. He approached Bento and his friend.



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  • Registered Users Posts: 11,789 ✭✭✭✭BattleCorp


    Was he approaching Bento and his friend with the intention of giving him a cuddle? He got himself involved in the altercation. It's fair to say he got involved due to circumstances.



  • Registered Users Posts: 40,458 ✭✭✭✭ohnonotgmail




  • Registered Users Posts: 11,789 ✭✭✭✭BattleCorp


    Yep. Exactly. His circumstances (he saw the altercation) led him to decide to get involved. We're both saying the same thing I think.



  • Registered Users Posts: 40,458 ✭✭✭✭ohnonotgmail




  • Registered Users Posts: 11,473 ✭✭✭✭Ush1


    Exactly my point, good name restored is little consolation to the amount of time he spent in jail, the psychological effects of what he has gone through and the fact his life would be in danger if he stayed living and working in the area. His name ain't good around there unfortunately.



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  • Registered Users Posts: 4,111 ✭✭✭Sudden Valley


    I think if you accept the jury's decision regarding the case you should also respect the judges decision to deny bail. The justice system worked well for once. I guess people can refer to the deceased as a scumbag becayse of who he is was surrounding himself with and his action on that one day but hard to know if he had killed Bento, who was wielding a knife, with his one punch would the young kid have also successfully escaped a manslaughter charge because of self defence.



  • Registered Users Posts: 11,473 ✭✭✭✭Ush1


    You're confusing legal terms such as murder and manslaughter, with killing someone. You can of course legally kill someone, whether by accident or defending yourself, as was the case here.



  • Registered Users Posts: 40,232 ✭✭✭✭Boggles


    I think if you accept the jury's decision regarding the case you should also respect the judges decision to deny bail

    Judges decisions are not infallible, regarding bail they have been overturned on appeal. Most recently in a case involving a quite affluent barrister.

    Now I can someway understand the Judge denying bail in this instance, although he subsequently proved to have grossly errored in his judgement, I can not respect the DPPs decision to indict on murder, there were absolutely no path, none, zero to a murder conviction in this case.

    It was in effect a Trumped up charge, one hopefully they will have to explain in due course.



  • Registered Users Posts: 9,381 ✭✭✭Yurt2


    The judge did not err in any respect. When a person is charged with murder, the court of first instance has no power to grant bail and you have no particular right to bail. You have to apply to the High Court, and the judge, taking into account all circumstances will at his or her discretion decide to grant bail conditions or not.

    Top tip: don't book flights to a non-extraditing country when you're facing down the barrell of a murder charge.



  • Registered Users Posts: 296 ✭✭Ham_Sandwich


    the title of this is "i think justice is served here" about a child being stabbed to death it says it all about the people celebrating i think



  • Registered Users Posts: 470 ✭✭rogerywalters


    Ah yes , when someone doesnt agree with you they must be a "troll" . Nothing of what i have said could be seen as outlandish. And anything that i have said thats been rude has been in response to rudeness of others. People are allowed have different opinions. Anyway time to leave the troll to it methinks , bye.



  • Registered Users Posts: 40,458 ✭✭✭✭ohnonotgmail




  • Posts: 25,611 ✭✭✭✭ [Deleted User]


    It says it all about your poor understanding of language and context.



  • Registered Users Posts: 40,232 ✭✭✭✭Boggles


    I never suggested otherwise. The Judge errored in denying the liberty of an innocent victim, I have already explained how that basic human right should be weighted at the forefront of any decision. As I referenced the pregnant baby murderer and how the High Court Explained it in her bail hearing.

    My point was to the OP was High Court Judges decisions on bail are not infallible, as evidenced recently by an affluent barrister getting the Court of Appeal to overturn the High Court Judges decision.

    My second point was he should have never been facing a murder charge, unless you want to take a go at explaining the path to a murder conviction beyond doubt given the evidence the DPP clearly had?



  • Registered Users Posts: 40,458 ✭✭✭✭ohnonotgmail


    his bail wasn't overturned. It was changed for a very short period of time and it will then revert to the previous conditions.



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  • Registered Users Posts: 4,111 ✭✭✭Sudden Valley


    The deceased has been referred to as a scrote, a scumbag and one of rhe feral youths. That does seem a bit unforgiving and provocative for someone without a criminal record of any sort. Its not like people are referring to Bento as the killer.



  • Registered Users Posts: 2,505 ✭✭✭Citizen  Six


    Do you think the prosecutors would have omitted a knife charge if it was applicable?

    A utility knife can be spring loaded. I have a few of them myself, and perfectly legal to use.



  • Registered Users Posts: 40,232 ✭✭✭✭Boggles


    He was denied bail in the Hight Court, he went to the court of Appeal and got that High Court decision overturned.

    He was granted bail, subsequently whilst on bail he got his bail conditions temporarily relaxed to go on holidays with his family.

    Ruling on Diarmuid Rossa Phelan’s bail application, president of the Court of Appeal Mr Justice George Birmingham said the accused man enjoys a presumption of innocence and as part of that he enjoys a presumption in favour of bail

    There is that phrase again, the "presumption of innocence".

    The reason he was rejected bail in the High Court.

    The associate professor of law at Trinity College sought bail in the High Court last month but his application was rejected by Ms Justice Deirdre Murphy on the grounds that he was a serious flight risk

    powerful incentive to evade justice” based on the seriousness of the charge, the strength of the evidence, the likely sentence in the event of a conviction and alleged ongoing threats to the accused

    Hmmmmmm.



  • Registered Users Posts: 1,215 ✭✭✭Quitelife


    Food delivery workers in Dublin have suffered desperate attacks in recent years in Dublin , this case just sums up how lawless parts of Dublin City have become.



  • Registered Users Posts: 9,381 ✭✭✭Yurt2


    It is not a basic human right to be granted bail when up on a murder charge. That's a legal reality.

    If you do anything to let a juge think you are a. a societal risk when on bail or b. a flight risk. You're not getting bail. That's a hard reality and it's as it should be.

    I'll ask you an honest question which I think deserves an honest answer. Do you believe the Gardai and DPP should have not proffered charges of any kind against Bento?

    Be serious here, do you think they should have walked away from it?



  • Registered Users Posts: 40,458 ✭✭✭✭ohnonotgmail


    OK I misremembered the sequence of events. I don't any sensible person would claim that judges are infallible. In the case of the lawyer the high court judge had legitimate concerns. by the time they went to the Court of Appeal those fears were allayed. In the case of Bento I can understand why bail was refused even if I dont completely agree with the decision. A way should have been found to grant him bail.



  • Registered Users Posts: 56,244 ✭✭✭✭walshb


    Well, here is the issue, and something that needs to be looked at.

    Stealing the bike could be viewed as scumbag behavior. But, a person retrieving the bike and in the process, brandishing a knife against the thief could be seen as scumbag behaviour. Bento brandished a knife straight away vs one teen/person.

    Then Josh and his friend(s) came upon the scene and the confrontation kicked off. Bento again had the knife out and began using it to stab people, when the prosecution argued this was OTT.

    Regarding the CCTV and it being shown. So what? It's a CCTV video that can never really show/explain and feel what happened. It all happened so quickly.

    I do not believe murder was committed, but Bento, from what I have read on this was reckless with a deadly weapon during those few seconds. Yes, his defence team argued self defense, but the prosecution argued OTT; and a short CCTV video cannot definitively answer this.



  • Registered Users Posts: 40,458 ✭✭✭✭ohnonotgmail


    the CCTV can establish the sequence of events. I don't think he was reckless at all. he feared for the life of himself and his friend and acted appropriately.



  • Registered Users Posts: 56,244 ✭✭✭✭walshb


    Hypothetical, and something I touched on....

    If some innocent person got involved here to try help/defend/diffuse the situation, is it ok that the knife-man kills this person using the excuse that he didn't know who the innocent person was, and was only defending himself....?

    Would this be manslaughter at least?

    This is the kind of dangerous precedent I feel is being given here



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  • Registered Users Posts: 11,789 ✭✭✭✭BattleCorp


    Everyone is entitled to have a different opinion. But come on, you've blinkers on.

    Wheres the evidence that they would have been kicked to death?

    The guy was getting kicked to bits on the ground. The guy doing the kicking wasn't stopping. He didn't even stop when he kicked the guys teeth out. It's quite reasonable to believe that the kicking could continue. It's quite reasonable to believe that kicking someone in the head can lead to their death. A reasonable person would see this. I don't understand how you don't see the danger that was there for the guy on the ground getting kicked to bits. Is this not evidence that he would (or could) have been kicked to death?

    The only way to know for sure if he would have been kicked to death would be to wait and see if he was kicked to death. And I'm fairly sure you aren't advocating for that, are you?



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