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The Chief (Pat O'Donnell) gets six months suspended sentence for assault on Garda
 national |
crime and justice |
news report
 Thursday February 19, 2009 00:35 by Nostradamus
Father and son, Patrick and Jonathan Porturlin Shore, Ballina; and Enda Carey, also of Porturlin,given a six-month suspended prison sentence for assaulting a garda
Father and son, Patrick and Jonathan O'Donnell, Porturlin Shore, Ballina; and Enda Carey, also of Porturlin, appeared before Castlebar Circuit Court to appeal a three-month prison sentence imposed at Belmullet District Court.
THREE North Mayo men have been given a six-month suspended prison sentence for assaulting a garda during a Shell to Sea protest two years ago. Father and son, Patrick and Jonathan O'Donnell, Porturlin Shore, Ballina; and Enda Carey, also of Porturlin, appeared before Castlebar Circuit Court to appeal a three-month prison sentence imposed at Belmullet District Court. Evidence was heard at a previous court sitting when Judge Raymond Groarke heard evidence of charges of assault causing harm to Sgt Donal Glennon and obstruction of a peace officer. At the conclusion of the appeal Judge Groake dismissed a charge of assault against Jonathan O’Donnell in relation to an alleged incident involving Gda Barry Byrne. However, he found the three men guilty of assault but not of the more serious charge of assault causing harm. The judge was also satisfied that the men, along with every other protestor, were guilty of obstruction.
At the most recent court sitting, Mr Francis Comerford, BL (on behalf of the State) said the Director of Public Prosecutions found that the form of the summons would not allow the charge of assault causing harm to be reduced to assault. Therefore, no decision was made in relation to the assault charge. Sentencing the three on the charge of obstruction of a peace officer, Judge Groarke said he was not entitled to have a view of the protest. He did, however, have a view that a garda should not be obstructed while carrying out the law.
The garda puts his body on the line to uphold the law and he/she must be protected. The judge said he had no view on the motivation behind the incident although the evidence would suggest that Carey and Jonathan O’Donnell were “having a bit of fun” on the day.
However, they were both adults and “knew what the story was”. Judge Groarke fined the three defendants €500 each and sentenced them to six months imprisonment, suspended on condition they enter a bond to keep the peace for two years.
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Comments (21 of 21)
Jump To Comment: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21The link attached to the above story is a pay to view link to the western people online edition!
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Caption: Video Id: 1326 Type: Politube
Embedded video Politube
Indyvid seems to assume that just because patrick oD claimed he is the victim in the above video that we all should believe all that he says.
The Chief has misled the public before, he claimed that several members of ballyglass lifeboat resigned because the local RNLI accepted 200,000 euro from Shell, but the truth is not one of the Crew resigned, or voiced concern over the donation!
http://www.corribsos.com/index.php?id=2045
Are we supposed to take your word over his about Ballyglass? A lot of people have seen the Guards go mental in Kilcommon, and then lie through their teeth when it goes to court. I always knew Guards might sometimes perjure themselves, but until I became involved in S2S I never knew how common it was. Pat's saying what a lot of people involved in the campaign already know (I'm assuming that doesn't include you): the Guards batter people and then pretend to be the victims. Most people who haven't seen them in action against young girls and old men will give them the benefit of the doubt for a while, but hopefully not much longer.
The right to protest is a basic human right enshrined in the Irish constitution.It is not in the gift of a Judge or member of An guarda Siochanna to allow or disallow that right.Furthermore protestors should be protected whilst exercising their civil rights.Ireland will not gain one cent from the GAS deal,so why allow a multinational with a proven record of environmental destruction to further pollute our environment when we are already in breach of the KYOTO agreement.
The right to protest is a basic human right enshrined in the Irish constitution. but assault on a member of the gardai is still unlawful.
I assume Pat will appeal to the supreme court to clear his name.
An assault on any individual is unlawful.As the real story of the baton charge and other assaults on a docile people are put on record it will take some time to come to terms with and accept that YES maybe ,sometimes members of An Garda siochanna can behave in a sadistic and brutal way-witnessed on many occasions by senior members of that force.We need a truly independant investigation into policing at Bellanboy,Glengad and relevant areas associated with this protest.To ignore or pretend that these atrocities did not happen is an injustice to all concerned and is a major block to any resolution of the CORRIB PROTEST.
Nosty check this out,
Proves the point that yes the cops are also guilty of commiting offences against members of the public.
A retired garda, who knocked a young man unconsciousness after he flicked the garda's hat off while he was on duty, has had a charge of assault causing harm to the man dismissed. Read on.
If this was a real Democracy but it is not,it is one of sorts, which we are now finding out about, the x-cop should have got six months.
The right to protest is a basic human right enshrined in the Irish constitution
It is only a well trained and disciplined force that would understand this, tells the whole story really.
I rest my case.
This article make very interesting reading, the number of complaints that it refers to, are quite substantial and one can only assume that the figures have grown larger since that last report.
The most recent figures would include their peroid of thugery at Glengad and its surrondings.
It also mentions a small piece about how Irish Demoracy differs from Western demoracy.
It seems to me that it would be much better for everybody, and much better for our nation, if "Trial by Jury" was used for cases of this kind.
However, I'm not sure if defendants (and their defence lawyers) can insist on "Trial by Jury" for such cases in the Republic of Ireland?
“I consider trial by jury as the only anchor ever yet imagined by men, by which the government can be held to the principles of its constitution.” -- Thomas Jefferson ( http://en.wikipedia.org/wiki/Thomas_Jefferson ), Principal Author of the American Declaration of Independence, and Third President of the United States.
It is very clear from his writings that Thomas Jefferson saw trial by jury as the greatest power the people have, and in fact the only easy and lawful way (in practice) that "the people" can prevent government employees from ignoring constitutional restraints.
Trial by jury, which (in effect) gives jurors the power to “veto” or “nullify” bad laws, appears to be the most peaceful and least expensive way to stop our oil and gas reserves from being stolen from us: provided of course that our politicians and lawyers will allow its use in cases of this kind?
Related Link: http://www.google.com/search?hl=en&q=Thomas+Jefferson%3...f&oq=
Pat is entitled to appeal this judgement to the supreme court to be heard by a jury if he feels he didnt get a fair trial.
When was the last time a jury was seated in the Supreme Court?
Surely there is a minimum standard of edumecation for posters to comment on matters as important as the wholsale theft of the nation's resources and the criminalisation of those brave defenders of of our national interests.
Just what was the actual deal GAS DEAL ? IMHO there ought to be a juryless special court established to try those involved in this GUBU theft.
"Pat is entitled to appeal this judgement to the supreme court to be heard by a jury if he feels he didn't get a fair trial."
Does anybody know what the costs of such supreme court action would be roughly?
And, with due regard for the fact that these people have now been criminalised by a judge acting without a jury, what happens if the defendants cannot afford such supreme court costs?
In the event that the defendants were unable to afford the costs of a supreme court "trial by jury" appeal, or too frightened to run the risk of possibly losing their homes (for example) due to the legal costs connected with the process of trying to rid themselves of their present "criminal" status, would they be entitled to "legal aid" of any kind I wonder?
This appears in last sundays Irish times.
Gobsmacking stuff!!!!!!!!!!!!!!!!!!
what did the officer do to deserve nearly €90.000 in overtime in 2008? He ordered a"Silly Summonses Season".This kept the courts busy ,the media happy and created the false impression that all those gardai were actually needed.We await the next episode when the Irish navy will be called out to protect the British submarine that protects Shell who are hoping get away with the biggest rip off in oil history ,bigger than the banks rip off.wait for it --now the gardai are marching too.
The fishermen and the gardai must be delighted with the Chief and maura harrington, both groups have got huge sums of money because of Shells presence, and helped by all the protests.
Im sure both groups are hoping for more of the same this year, and im sure S2S will help all they can!
Not only will S2S continue to enrich some cops - for the moment - and some fishermen, but we will continue to highlight the real economic treason practiced by Burke and Ahern which oversaw the giveaway of our sovereign right to a proper revenue stream from what was once our own oil and gas.
S2S will keep going to make sure that ALL the people of this currently benighted country will, sooner rather than later, benefit from the proper management of our proven oil/gas reserves.
This does not mean a piddly 25% Corporation Tax (CT) which Big Oil can easily ensure will be written off in full, therefore denying the people of the country their right to a proper return; neither does it mean the hypocritical announcement by the Green Gobshite of a 40% CT rate on enormous fields some time in the future, from which the country wouldn't benefit either.
To my knowledge, Ireland is the only country in the world with proven reserves of oil and gas that hasn't factored a state equity and royalty payments into addressing the current economic woes brought about by 'shits in suits'.
One has to ask why??
One has to ask why??
Cronyism, Corruption, and Criminality, is the answer.
Since the foundation of the State unfortunately this has sadly been the case with ireland, a nod and a wink syndrome.
The Long Fellas legacy has reached its pinacle, now it goes down the other side which will be very interesting.
Is it illegal to ask WHAT WAS THE DEAL BETWEEN THE STATE AND S HELL?
Did Ahern and/or FF receive anything for Ireland's Oil and Gas give-away? Somebody must have got something in return for our national assets!
Norway did'ent give their Oil and Gas reserves to foreign multinationals so why did we?
Our country needs to re-visit that deal between the Govt and the oil companies.we need the best we can get from our natural resources and we need that NOW.Its our duty to try .With enough public pressure and a change of government we can do all this.If that deal was corrupt then we have a huge responsibility to change that and URGENTLY.
Is it illegal to ask WHAT WAS THE DEAL BETWEEN THE STATE AND S HELL?
No it is not illegal to ask that question, getting a truthful answer to it is the problem.
No Politician for whatever reasons and we can only assume why,do not want to address this despicable situation, they are avoiding this issue like the plague.One wonders why, particullary in these harsh economic times.
As Burke did go to jail on charges of corruption and this is a matter of Public Record,an inquiry on this whole rotten mess should be pursued by the people of this State. However the word must get out and get into every household, buissness, etc to get the people behind the campaign, this is our responsibility to ensure that this is what happens.
If the S2S representatives were given a space on the platform last Saturday In Dublin to state their case, this would have been an enormous help, pressure will have to be brought on the Unions to get their members behind this.Our countrys future depends on this.