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news report
Wednesday June 25, 2003 16:01
by Reclaim The Courts
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Comments (26 of 26)
Jump To Comment: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26its hardly a surprise, socilaist Vs Gardai...theres only going to be one winner
Although it's hardly a surprise that certain classes of defendants (Gardai, white collar crimes, those with expensive lawyers, etc) do much better in terms of acquittals, and others (like political dissidents, unrepresented or poorly represented defendants, etc) do much worse, it's important to remember that there's a good reason for requiring a high standard for a criminal conviction ("beyond all reasonable doubt"). Gardai have the same right to a fair trial and a presumption of innocence as anyone else. Unless there was a rock-hard and undoubted case against this particular Garda, I would be happy to see him go free. I don't want to jump to conclusions on the basis of various media reports, but it seems as if there was a discrepancy/technicality in the evidence. If so, then it is absolutely fair that he's not convicted - the 'technicality' is a way of ensuring that no-one is deprived of their liberty where the story doesn't stack up exactly, or where there has been sloppiness on the part of the DPP or investigating Garda. The problem, of course, is that not everyone gets this fair treatment. But ultimately the 'better for 100 guilty persons to go free than one innocent person to be convicted' cliche holds true.
seen as the prosecution witness made a complete u-turn, the acquittal was the only just result, whats good for the goose has 2 b good 4 the gander
yeah there are a few more cops due in court
16 eye witnesses were not allowed to give evidence.
Just because what Hayden says Goff did wasn't caught on video surely doesn't prove it didn't happen. It doesn't prove it did happen, sure, but perhaps 16 eye witness reports might do that.
It's a shambles that they were not heard.
Garda Keith Goff has been acquitted of simple assault during the Reclaim The Streets event on May 6th 2002.
The judge has decided that the evidence given by Brian Hayden, despite describing him as an honest and forthright person, is not reliable "in a legal sense", and would not be enough to ensure a safe conviction against Keith Goff.
The defence in the trial made a meal of the fact that the actual impact of Goff's baton did not take place at one precise moment shown on the video evidence. This is of course shown in the context of Keith Goff swinging his baton in a wild and aggressive manner at various people on Dame Street. Are we to take from this that because Goff was not able to connect with anyone in the brief section he was captured on film, that he did not use his baton at all on Dame Street?
It appears as if there is one law for the people and one law for the Garda. Imagine if a citizen had been captured on videotape swinging a heavy stick in a crowded city street. The actual impact of a baton had not been recorded, but there were 15 witnesses lined up to testify against this person. Surely at least the witnesses would have been given a chance to testify.
Garda Goff has walked away scott free from this trial. He is the first of seven Garda up on charges arising from the RTS in May 2002.
RTS are disappointed that a Garda who acted in a violent manner against peaceful protesters is not to be punished under the law.
RTS hope that the other trials later this year, where six Garda are charged with a range of serious offences, are not dismissed in such a manner.
"This is of course shown in the context of Keith Goff swinging his baton in a wild and aggressive manner at various people on Dame Street. Are we to take from this that because Goff was not able to connect with anyone in the brief section he was captured on film, that he did not use his baton at all on Dame Street?"
But he wasn't charged with using his baton or swinging his baton. He was charged with assault. (which was a STUPID decision on the part of the prosecution, and typical of the approach to this investigation - boil it down to specific assaults rather than go after the actual events and attitude).
Reverse the roles. A Garda claims that a protestor was swinging a stick in the middle of the street - but there isn't proof in court that he actually hit the Garda. How happy would you be to see him convicted of assault? The courts would probably find him guilty, and we'd all scream miscarriage of justice, corrupt judges etc. It would be wrong then, and it would be wrong in this time. And although the exclusion of witnesses in this case may have been a deliberate and sinister action, eyewitness evidence has a horrible record of misuse..."honest, I saw the Irishman running away from the pub ten minutes before the bomb went off". The answer is not in lowering the standards of justice for Gardai, but increasing them for everyone else.
Its also about increasing the standards of justice for Garda. Come on - they fucking went to town on the RTS heads, the guy is seen swinging his baton around, he fucking assaulted people.
It is Labour who are the true cop lovers.
Now you see all the whingers coing out. These anonymous mouth pieces that contribute nothing to our society. Watch out for the conspiracy theories!
I take Daithi's point about it being a stupid decision to charge him with assault, with requires a high standard of proof, rather than a bunch of lesser charges, which could easily be proved. Whose decision was this? Why weren't all charges pressed?
It reminds me of (what I understand is) the British state's policy on soldiers. They can be charged with murder, but not with manslaughter, criminal negligence, and other, easier to prove charges. So in cases where soldiers open fire on joyriders its hard to convict them of _anything_.
Yeah, yeah, Red 1913. Play the other record. I'm as annoyed as anyone else about what's happened since last May (and it didn't start with the decision this week, either). I can understand the frustration of seeing any of the Gardai involved in illegal actions get away with it. But the criminal system should never be about the nasty rhetoric of victim's rights. The conversion of some to the cause of law and order and getting convictions at all costs is baffling, though. I believe Fine Gael are looking for some good candidates if you're interested ;-) . The only thing I'd say is if you're relying on the courts - and suggesting that the burden for a criminal conviction is too high - be careful, as it will turn around and bite you in the bum the next time someone comes up on trial after a demo...
That's what I was getting at, Ray (thanks) - the army has done this for years. Far be it from me to suggest that the prosecution strategy was politically motivated (!), but there is also a big problem with it another level. Putting the blame on individuals gives a free pass to whoever planned and directed the operations. The real injustice of what happened wasn't a particular strike of a baton (and for an assault charge, it often comes down to something that narrow) but the way in which RTSers were treated (as well as bystanders, of course). Although there may have been good evidential or tactical reasons for an assault charge, I have my strong doubts...
Ignore the craphead. The SPs hatred of Labour knows no bounds and they are still surly about the bashing they took over their cop-friendly stance at Evian.
'Red'is being illogical or maybe s/hes just being honest. Under his type of courts no evidence would be necessary.
could we all see it?
I tire of watching the inequality at "work" whilst we are at "play", but I wouldn't waste much time bemoaning the decision. It is in a way surprising that seven Gardaí are to appear before the courts at all. Still, Mr Goff walks away, was hew not subject to other "disciplinary" measures within the "force"?
The video please.
with a contrasting photo of Mr Goff today.
wouldn't that be nice.
and like more "personal" details stuff.
but hey it is a most unfair world.
Which is why there are policemen in the first place.
If it were a fair world, the rich wouldn't need that type of property and tranquility protection.
Justice done
we read justice done
justice had
justice sought
we collocate justice with peace but generally prioritise peace.= peace and justice.
If we reverse the equation the meaning changes.
justice and peace brings us to justice of the peace.-
a peculiar title for Ireland land of peculiar titles.
we often even in English use justice phrases of subjunctive mood.- oh that justice be done/had/seen to be done.
Justice does not necesitate a judge.
Yet again theology and anarchism meet on the rare common ground, and moot so....
George Orwell love him or hate him
was born on this day, though he was named Eric Blair.
he too played the cabalistic game with "justice =X".
Oddly Irish :- "Justice = X".
So thrice written cabalistic, justice who pours forth, is blind, is sweet is timely, but never oh never ever ever does Justice makes ends meet.
Remember George, remember Mr Goff, remember me, iosaf=o as if, and do oh do read books.
Even if you are in prison, (where a free subscription of schnews is always yours) reading books can be a very good way to make good use of trees after their life giving oxygenating qualities have been rationalised.
There is now another George, he is the 2nd of a set I previously warned will run to three, Think about him and read George who stopped being Eric, which is why more than any other reason, I like the entity.
There weren't sixteen eye witness the majority of witness' were technical witness relating to Garda and independent footage.
Eh ok there were 16 prosecution witnesses. Did all of these relate to the video footage which was shown to be unreliable? Say it ain't so.
sounds like the whole case was fecked up by an incompetant DPP.
I wonder was his home address published in the newspapers like so many wrongfully arrested peace protestors over the last few months? there's plenty of toilet roll in my house so i haven't bought a newspaper lately.
and it's bit late to start blurring out the facial features of gards assaulting people, anyone see that last night? ha, what a joke. Is rté run entirely by morons (need i ask)...
Justice is truth in action. To suggest justice has been done simply clarifies what these goons truly stand for.
We're all going to get off scot free because we did what we legally had to do to defend property and people against attack from an armed mob of drugged and drunken scumbags masquerading as "Reclaim The Streets" protestors, and there's nothing that you stinking smelly lazy hippies can do about it.
I wonder if the above comment was really by Domnic Haugh?
Just wait until the World Economic Forum arrives in Dublin on October 20TH-21ST! We will sort you lot out for once and for all. We have received many new weapons of riot control and we will use them ruthlessly against you. We have also received the best of training from the experts in the field such as the Police Service of Northern Ireland, and the French and Italian Police. So you've been warned! Call off your protests or you are liable to a vigorous and ruthless Garda assault.
it is to my mind one of the finest little bits of indymedia cyber work of my last few months.
go to 23rd of May japan.
and the next day, the little jewel.
http://japan.indymedia.org/newswire/display/414/index.php
you can also find it on home page "local interest" it's title is "cybermental spam imperialists".
today i saw a good line here "knit in our name".
very good. Would unfortuanetly only work in English though and at a fairly fluent level.
The WEF is not really the WEF but you all know that, there aren't enough "vital support infrastructure systems" in Dublin to host a proper WEF. One of which is generally considered to be the Garda Siochana whoever ·trains· them.
I think reclaiming the street and stuff is a happier day without policemen and fighting.
¿don't you?
There are next to no protestors acting as witness' in any of the cases againist the Gardaí
Fergal and Brian are pretty much the only two. For all the ranting about getting justice done that appeared on this site in the days afterwards pretty much no one came forward to help with statements.
Yes several people made complaints, but no one came forward to act as witness to what occured.
If the cases againist the Gardaí collaspe over the RTS blame can be laid in part to those who attented and were morally outraged but did not speak up.
You can claim the justice system is inherantly flawed and biased, but in this case due to peoples apathy has played a part.