Upcoming Events

Dublin | Animal Rights

no events match your query!

New Events

Dublin

no events posted in last week

Blog Feeds

Anti-Empire

Anti-Empire

offsite link Fury, Resistance in Europe Over New Doom... Fri Oct 30, 2020 15:43 | Giovanni Legorano

offsite link How Would You Spend Your Last Thanksgivi... Fri Oct 30, 2020 14:00 | A.J.Kay

offsite link Sudan Enters the Outside-in Accords Fri Oct 30, 2020 13:13 | JP Sottile

offsite link Armenia’s Anti-Russians Get Their Come... Fri Oct 30, 2020 10:27 | John Helmer

offsite link Western Liberals Silent After ‘Moderat... Fri Oct 30, 2020 06:30 | Brendan O’Neill

Anti-Empire >>

The Saker
A bird's eye view of the vineyard

offsite link Azerbaijani Troops Are At Gates Of Capital Of Nagorno-Karabakh Republic Fri Oct 30, 2020 18:19 | amarynth
South Front The Nagorno-Karabakh war has apparently been developing in the favor of the Turkish-Azerbaijani bloc. On the evening of October 29, the Armenian side confirmed that Azerbaijani troops have

offsite link A Dem Presidency means The Return of the Blob Fri Oct 30, 2020 12:07 | amarynth
by Pepe Escobar with permission and cross posted with Asia Times What happens on November 3rd ? It?s like a larger than life replay of the famous Hollywood adage: ?No

offsite link Data in the Cloud Fri Oct 30, 2020 12:05 | amarynth
by Jimmie Moglia for the Saker Blog If flattery is the infantry of negotiations, then mendacity is the air force of politics. There are exceptions, but as a practical rule

offsite link MUST SEE interview of Glenn Greenwald MUST SEE Fri Oct 30, 2020 03:38 | The Saker
Note: listen to what a REAL progressive/Leftist thinks of the Dems and what they represent!

offsite link Cui bono from the situation in France Thu Oct 29, 2020 19:22 | The Saker
I won’t even bother repeating it all here, those who are interested in my views of this entire Charlie Hebdo canard can read my article “I am NOT Charlie” here:

The Saker >>

Public Inquiry
Interested in maladministration. Estd. 2005

offsite link David Quinn’s selective tolerance

offsite link A Woulfe in judges clothing Anthony

offsite link Sarah McInerney and political impartiality Anthony

offsite link Did RTE journalists collude against Sinn Fein? Anthony

offsite link Irish Examiner bias Anthony

Public Inquiry >>

Spirit of Contradiction

offsite link The Party and the Ballot Box Sun Jul 14, 2019 22:24 | Gavin Mendel-Gleason

offsite link On The Decline and Fall of The American Empire and Socialism Sat Jan 26, 2019 01:52 | S. Duncan

offsite link What is Dogmatism and Why Does It Matter? Wed Mar 21, 2018 08:10 | Sylvia Smith

offsite link The Case of Comrade Dallas Mon Mar 19, 2018 19:44 | Sylvia Smith

offsite link Review: Do Religions Evolve? Mon Aug 14, 2017 19:54 | Dara McHugh

Spirit of Contradiction >>

Case against animal rights demonstrators dismissed

category dublin | animal rights | feature author Friday August 14, 2009 10:03author by Colin Ashey Report this post to the editors

Garda B16 does not know a "document" when he serves it

featured image
Garda Paul Tallon, B16, Harcourt Station

At a hearing in Dublin District Court today, Judge McMahon dismissed the case against two animal rights activists arrested outside Barnardo’s fur shop on Lower Grafton Street in Dublin on 22 May this year.

Robert Sevik was charged under section 24 of the Public Order Act (refusing to give his name and address), and Edmond Long was charged under section 19 of the same act (obstruction of a peace officer).

Proceedings were instituted by Garda Paul Tallon, B16, of Harcourt Street station. The two men defended themselves. Seán Ryan acted as a McKenzie friend to both co-defendants.

The case was first adjourned to another court to permit viewing of video evidence, but the defendants promptly brought a motion for dismissal, arguing that Garda Tallon had broken District Court rules by delivering video evidence to them in person. Order 10 states: "A member of the Garda Síochána shall not serve a document in any proceedings in which such member is the person instituting the proceedings."

Garda Tallon responded that ”it was a video recording, not a document” - apparently unaware that a video recording may also be a legal document.

Mr. Long had taken the video recording in question on the day of the demonstration and Garda Tallon had confiscated it from him under the Criminal Law Act.

Garda Tallon said that he had subsequently met Mr. Sevik at his home and had given him the video recording, as per a court order of 27 July. Mr. Sevik had initially refused to acknowledge him but recorded him with a video recorder. Garda Tallon had then asked Mr. Sevik to call Mr. Long to take receipt of the confiscated video recording. He did not do so. Garda Tallon had left the video with Mr. Sevik.

Mr. Sevik complained that Garda Tallon had refused to step back out of the doorway when requested.

The judge asked Mr. Sevik why he should object to the garda's behaviour. "Is this not just obstruction?" he asked.

"I don't trust this man," replied Mr. Sevik. "I think that this case is a fabrication."

The judge asked Mr. Sevik what motion he was making. Dismissal.

And what motion was Mr. Long making, if the recording had not been served to him? Also dismissal, as he lived at the same address.

Having checked the rule book, the judge advised Garda Tallon: "There's clearly a flaw in the matter."

Garda Tallon then admitted that he was not aware of the rule and requested a short remand to seek advice from the State Solicitor.

Judge McMahon refused, saying that the rule was quite clear.

”Rules are rules. Dismissed both matters.”

Mr. Long faces charges under the Public Order Act again on 14 September, having been arrested by Garda Tallon at a demonstration in the same place on 20 June.

 #   Title   Author   Date 
   Barnado's Fur shop     9th grade    Wed Aug 12, 2009 23:58 
   Ignorance of the law is no excuse     Seán Ryan    Thu Aug 13, 2009 11:42 
   Every Saturday     Ed    Thu Aug 13, 2009 12:32 
   Congrats     Madam K    Thu Aug 13, 2009 12:42 
   Well done to all.     James Kelly    Thu Aug 13, 2009 16:37 
   Well Done     ARAN    Thu Aug 13, 2009 18:38 
   FUR is the real crime here.Well done. lets keep fighting fur.     Bernie Wright    Fri Aug 14, 2009 10:36 
   On the Beat     Sgt Baton    Sat Aug 15, 2009 20:38 
   More info     Ed    Thu Sep 03, 2009 17:54 
 10   Great stuff     Catlady    Wed Sep 09, 2009 23:33 
 11   ALF     curious    Tue Sep 29, 2009 21:45 


Number of comments per page
  
 
© 2001-2020 Independent Media Centre Ireland. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by Independent Media Centre Ireland. Disclaimer | Privacy