Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

I think justice was served here.

Options
11819212324

Comments

  • Registered Users Posts: 11,474 ✭✭✭✭Ush1


    I think what's fundamental to Irish society in general is citizens attitudes to what is scumbag behaviour and the divergence therein. I'm sure plenty of people would have no issue with them robbing the bike. Do you reckon if the bike was given back anybody would have got stabbed?



  • Registered Users Posts: 56,256 ✭✭✭✭walshb


    Hey, I do not overly disagree here. And I did make the point that Bento didn't set out to kill that day

    It's a tragic case, and can be studied and discussed from so many angles.



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


    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

    Well no, the High Court were quite clear on why they denied bail, he was a serious flight risk and the weight of the evidence.

    Those concerns weren't allayed, they still existed, what the Court of Appeal rightly ruled was his presumption of innocence and therefore his liberty had to be weighted more than the High Courts concerned, primarily because they are a basic human right.

    Unfortunately what rights you are entitled to appear to be dependant on how much money you have.



  • Posts: 25,611 ✭✭✭✭ [Deleted User]


    So the video can't show us much but the prosecution's argument based on stills from the video (rejected by all 12 jurors) should be treated as compelling?



  • Registered Users Posts: 2,507 ✭✭✭Citizen  Six


    But that’s not what happened. He stabbed someone who was punching him. Someone who was part to a group of around ten people, involved in attacking him and his friend.

    Not someone trying to diffuse the situation.



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


    But, a person retrieving the bike and in the process, brandishing a knife against the thief could be seen as scumbag behaviour

    Nope, the prosecution even conceded he was entitled to retrieve the stolen bike.

    As for the thief he was a extremely violent career criminal, I doubt asking him nicely would have got the bike back.



  • Registered Users Posts: 56,256 ✭✭✭✭walshb


    No, not as compelling. My point was that the video and stills cannot accurately tell us the feel and intensity and reality of the situation

    Witness testimony was every bit as compelling to both defense and prosecution as cctv clips/images



  • Registered Users Posts: 56,256 ✭✭✭✭walshb


    Nobody said retrieving the bike could be viewed as scumbag behavior: I added that in doing so you brandish a deadly weapon (knife)

    It's this important part that could well see people thinking that Bento's reaction to the steal was OTT



  • Registered Users Posts: 56,256 ✭✭✭✭walshb


    I know this is not what happened....

    I was asking a hypothetical question.....from what I viewed as a kind of precedent being set as regards citizens using weapons when involved in altercations. It is a very dangerous area, because of exactly what I described......innocent people could get caught up in it



  • Registered Users Posts: 4,350 ✭✭✭blackbox


    That's why we have a jury - every case is different.



  • Advertisement
  • Registered Users Posts: 6,673 ✭✭✭Feisar


    I was thinking the same before you posted. The whole yer home is yer castle thing came in after Nally and co didn't it? So now IMVHO that has been extended to included the defence and recovery of property. As you say, a very dangerous precedent.

    And just to be clear I think yer man got what he deserved.

    First they came for the socialists...



  • Registered Users Posts: 360 ✭✭sekiro


    My child wouldn't be several km from home attacking immigrant delivery drivers so I think I'd be OK.



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


    That whole East Wall area has become a very dangerous part of Dublin , how many other delivery workers have been attacked in that area?

    Hard to know how delivery drivers still travel in some areas of Dublin .



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


    You conveniently left out the bit on the Court of Appeal where the Justice weighed in on Phelan as flight risk. He disagreed with the High Court on the prospect of him evading justice, but the appeal centred on his status as a flight-risk. Everyone enjoys the status of innocent under the law if you haven't been convicted by a jury, but when you're copping a murder charge it's not a magic wand, you have to apply for bail and satisfy the court you're a. Not a further danger and b. Not a flight risk.

    Phelan's appeal was centred around him being unlikely to abscond and the judge at the Court of Appeal even referenced his behaviour post-shooting being consistent with that of someone who is unlikely to abscond.

    There is no way in hell Bento wasn't an objective flight risk given his actions, and it nothing to do with his standing in society or what's in his bank account.

    You're once again pushing a pet theory about this case.

    Bento ended up on remand and refused bail off the back of his own actions after the incident.



  • Registered Users Posts: 360 ✭✭sekiro


    They need the money. I don't imagine it's a well paying job and I think if people could get work that wasn't this then they would and that just makes the whole thing even worse. This is a guy doing a job that most wouldn't fancy and on top of all that he's getting attacked by little scumbags and even more on top of that he's expected to just take a beating and not defend himself.

    This is a 36 year old man riding a bicycle around Dublin on a freezing cold January night delivering food in a known dangerous area. People aren't doing that unless they are pretty desperate.



  • Registered Users Posts: 56,256 ✭✭✭✭walshb


    That's all well and good in a perfect world, but what if your teen son became involved (due to circumstances) in a simlar altercation and was stabbed to death for it? Your son, who has never come before garda attention before, and who is not a scumbag.

    Lot folks here want to paint the dead teen as a scumbag based off seconds of his life....nobody knows anything about the dead teen, other than this very quick incident where he was stabbed to death durng an altercation with a man wielding a knife



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


    He only took out the knife after the thief had made treats of their own with a knife



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



    There is no way in hell Bento wasn't an objective flight risk given his actions

    Again, his girlfriend booked the flights, the flights that were cancelled that afternoon.

    There was no flights when Mr. Bento handed himself into Gardaí the next day.

    On January 27, Ms Gerino said she met the accused's partner in the bathroom and she wanted to book a flight and needed help with it. Mr Bento's partner asked the witness if she could use her bank card to pay for the flight as her's was not working, which she agreed to.

    Ms Gerino said she was unclear whether the flight was to Portugal or Brazil. The price for the flight was €574 so the witness said she concluded that it was for two people. Asked by Mr Guerin if she had heard about a boy being stabbed and dying at the time she made the booking, Ms Gerino said she had not heard about it but saw on a group that there had been a fight but had no more information.

    Under cross-examination by Mr Dwyer, the witness said she did not know that the booked flights were cancelled later that afternoon. She agreed that she knew Mr Bento contacted a solicitor's firm in Dublin later that day and that the accused's girlfriend had tried to contact the Brazilian embassy as well. Ms Gerino also agreed that Mr Bento presented himself at a garda station the next day.

    "His actions" were of a man fully cooperating with Gardaí.



  • Registered Users Posts: 470 ✭✭rogerywalters


    Hard to know how many? There is very few cases that have made the news. One was knocked and killed down by teens in a car. Bentos pal got his nose and teeth broken , was bento injured much?. There was another broken nose in finglas. Deliveroo running about 10years?



  • Registered Users Posts: 470 ✭✭rogerywalters




  • Advertisement
  • Registered Users Posts: 360 ✭✭sekiro


    Then I'd be looking in the mirror for answers. How could it be that my 16 year old kid was out at 9pm on a January night as part of a gang attacking delivery drivers who are just trying to make a living? For that kids family, the answer to the question of "why" lies squarely in the lap of the parents.



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


    It doesn't matter a jot the flights were cancelled (following a meeting with a solicitor no less which also saw WhatsApp messages deleted)

    There are zero High Court judges that will view that with anything other than a jaundiced eye. It objectively puts a person in the category of potential absconder at high risk of leaving the jurisdiction.

    The Hight Court must protect both protect the integrity of the justice system in murder cases in minimising risk to the public, and minimising the risk of an alleged offendor evading the justice system.

    That's they're job, and they did it. Bento placed himself in the category of flight risk. Not anyone else, and you can cheerlead all day but that's the reality.

    There is no conspiracy here.



  • Registered Users Posts: 470 ✭✭rogerywalters


    He was 16 not 12. How could it be that a 16yr old was out at 9pm? What world do you live in , christ. It is fact that the teens did not instigate the altercation. Admitted by all parties.



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


    Bento placed himself in the category of flight risk

    By cancelling flights?

    Evil Genius that lad. 😕



  • Posts: 0 ✭✭✭ Madison Shapely Duet


    You are discounting all of the lower level incidents that don’t get reported.



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


    By having booked flights in the first instance. That's high risk of absconding behaviour and 100 percent of High Court judges will consign you to remand until trial off the back of it.

    You need to come in from the fog on this one. There is no conspiracy. That's the court system doing its job, and doing it well.

    The High Court was not there to adjudicate on his guilt or innocence, it was there to assess if Bento was to be granted bail considering a. If He was a further public order or safety risk,.and b. if he was a flight risk. He was objectively b. all day long.

    This isn't a shoplifting charge. It's a murder charge. The most serious charge one can face. The justice system has a job to protect the integrity of the trial and the safety of the public.



  • Registered Users Posts: 360 ✭✭sekiro


    Anything to avoid placing the responsibility exactly where it belongs, eh?

    I even saw one article saying if it wasn't for the lockdowns he would have been playing football.

    Seems like there's only two choices for young lads here. Playing football or attacking delivery drivers. No middle ground.

    Maybe the kid should have been working as a delivery rider himself, earning a bit of money? Nah. Too dangerous.



  • Registered Users Posts: 23,246 ✭✭✭✭Dyr


    LOL

    The ould CCTV footage is a curse on the gardai in these cases. Hard to bullshit a judge when the events are recorded.



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


    He made it appear that he had. that is enough justification for me.



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




Advertisement