Cork Court Decision is a Dangerous Precedent

national | miscellaneous | press release

Friday May 27, 2011 16:45

by Malachy Steenson - Workers Party

The decision today by Judge Ó Donnabháin in Cork Circuit Criminal Court to reverse a 6-month custodial sentence imposed only yesterday on Garda Dean Foley for an unprovoked and vicious attack on a man two years ago has been has been deemed as a "highly dangerous precedent" by Malachy Steenson, Workers' Party representative in Dublin Central, who is also a Practicing Solicitor and Criminologist.

The Workers’ Party
Head Office: 48 North Great George's Street, Dublin 1
Tel: (01) 8733 916 www.workerspartyireland.net

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Friday, 27th May2011
Cork Court Decision is a Dangerous Precedent

The decision today by Judge Ó Donnabháin in Cork Circuit Criminal Court to reverse a 6-month custodial sentence imposed only yesterday on Garda Dean Foley for an unprovoked and vicious attack on a man two years ago has been has been deemed as a "highly dangerous precedent" by Malachy Steenson, Workers' Party representative in Dublin Central, who is also a Practicing Solicitor and Criminologist.

"Everybody is supposed to be equal before the law. However the ruling today by Judge Ó Donnabháin totally stands that precept on its head. The judge has now established a two tier system of defendants and a two-tier sentencing system" said Mr Steenson.

"We must ask ourselves one simple question to put the true implications of Judge Ó Donnabháin's decision in perspective. What would have happened in court yesterday if Stephen Murphy was found guilty of a major assault on Garda Dean Foley rather than the other way about? What is the likelihood that yesterday he would have received an 18-month sentence with 66% suspended which meant in reality that he would spend probably less that three months in jail? What are the odds that today he would be free to walk the streets? Last week a man from a working class area received a four-year sentence for spitting at a member of the Gardaí.

"The gardaí are supposed to be the guardians of our society. They should set, and be seen to meet, the highest standards of behaviour and probity in their actions and in their dealings with the public. The decision in Cork today sets a lower standard, and a lower penalty, for the gardaí that for the general public. This is clearly outrageous and will add to the growing public disquiet amongst the public about the Gardaí. We have had too many incidents, from deaths in custody to alleged rape threats in Rossport, where malpractice ranging from criminality, shoddy work practices, and clear racial or gender bias to be fobbed off any more by platitudes and pious words from on high."

"The Workers Party would demand that the DPP would immediately appeal the sentence handed to Garda Foley as being so lenient as to be perverse. We would also demand that the Minister for Justice and the Chief Justice, make a clear public statement that in future sentencing policy should not be influenced by the background or profession of the defendant or the fact that a large financial compensation was made. We must never forget that the deference in the past of the legal system to the clergy in general and the hierarchy of the Catholic Church in particular allowed clerical child sex to flourish and ended with the physical and emotional destruction of thousands of lives.

The re-entry of this matter before the Court on the basis that the Barrister “forgot to say something further in mitigation” is certainly unusual as Garda Foley has an opportunity to Appeal his sentence in the High Court. It will now be open to practitioners to attempt to reopen every conviction before the same Court if they don’t get a satisfactory penalty.”
Unless everyone is equal before the law" concluded Mr Steenson "then there is no law and there certainly is no justice"

Ends: Information from: Malachy Steenson: 086 - 602 4239

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Comments (7 of 7)

One law for the State and one for the People

by Malachy Steenson - WP

Tue May 31, 2011 10:02

"It was hardly unprovoked. The guilty party was walking along talking with another person and the victim made an insulting and derogatory remark for no reason other than to offend".

and that justify's the Cops leaving you for dead? This is the same nonsense that the media ply after every shooting - "The victim was known to Garda" - in effect means they deserved it.

In relation to the Gerald Kean burglary I did'nt hear the above comment on RTE, clearly Mr. Kean & Ms. Murphy are known to the Gardai are they not?

Also The Cop pleaded guilty.

Gardai should have impulse control or seek other employment

by Serf

Tue May 31, 2011 00:12

Assuming what you say is completely true (which is a stretch)Gardai are well paid and well trained guardians of the peace in positions of great power and responsibility and accordingly they should be able to weather a few derogatory comments without immediately resorting to thuggish violence. Otherwise they should not have the job.

Hardly

by What?

Mon May 30, 2011 12:22

It was hardly unprovoked. The guilty party was walking along talking with another person and the victim made an insulting and derogatory remark for no reason other than to offend.

I dont condone the actions but are we advocating that people can simple go around abusing and insulting each other freely?

state controll

by old codger - pensioner

Mon May 30, 2011 11:34

The irish State controlls
JUDICIARY
GARDAI
MEDIA
OMBUDSMEN COMMITEES and many other state bodies where friends of Fianna Faill have been granted PERKS and the present government are content to maintain this controll.
We must make this clear to the public in whatever way we can or there will be no change.
IN IRELAND DEMOCRACY IS ONLY AN ILLUSION.

Media and non consistency

by Concerned Citizen - Justice

Sat May 28, 2011 16:44

Of late you hear something on one news and there is no follow up so people are left in a state of ignorance unless primed to enquire.

Did a man die in custody during the week at Store Street Garda station? If so, did he sustain an acquired brain injury?

A bleed to the brain from a beating is a life long sentence BUT for some unknown reason causality fails to alarm our judiciary, Garda or for that matter the legal profession.

Law

by Niall - W.P.

Fri May 27, 2011 20:25

Government militia not getting prosecuted, this country gets more and more like Mexico, Columbia and Chile every day. :-(

Judge Sean O Donnabhain again

by Cork Reporter

Fri May 27, 2011 19:25

See other Indy media related story of this "judge" : http://www.indymedia.ie/article/99840

Will this judge be reprimanded for his actions.., most definitely not !

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Cork Court Decision is a Dangerous Precedent

Comments (7 of 7)