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DPP has extra say in some people's cases because of who they are.- Indo


He3

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This claim in the Irish Independent today cannot be true, can it?

... under a directive issued from the DPP's office some years ago, gardai are obliged to send a file outlining the facts in any case attracting public attention before a decision can be reached about prosecution.

This applies only to cases where the subject of the file is a person in the public eye.
How would a policy directive like that relate to the principle that all citizens are equal before the law?
 
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SideysGhost

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the principle that all citizens are equal before the law?
You don't actually believe that principle actually applies in Ireland do you?

It's an interesting little slip though, especially in the Indo. Maybe after all the rampant criminality of the last decade some people are starting to think that maybe the rule of law might not actually be such a bad thing after all.
 

Clanrickard

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This claim in the Irish Independent today cannot be true, can it?
How would a policy diective like that relate to the principle that all citizens are equal before the law?
It is quite common in most jurisdictions. It doesn't mean they are getting favourable treatment on the contrary.
 

Sync

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Hang on take a step back: If this is the case for people "In the public eye" only, then that means that the DPP DON'T review a file on the facts of a case prior to decision to prosecute. Which would be far more worrying.

Given that the Indo don't actually quote the requirement, who issued to instruction within the DPP and when, I'm inclined to believe it's bolloxology.
 

Kevin Doyle

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It must have watch polar bear swimming, and polar bear don't mind the summer and if they get sick they'll come and take care of them, even if the babies are still very young.

Some one needs a better online translator?
 
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It looks odd, but I can see a glimmer of logic in it.

In the case of a public figure where some of the facts have emerged the court of public opinion often swings into action (vide the Daly case itself). In this case, the local Gardai may be put under undue pressure and indeed face public opprobrium if the people at large (without necessarily having all of the facts) decide that the decision to prosecute or otherwise constitutes harrassment or cover-up.

It's not the job of the local Gardai to be in the public eye or to deal with decisions which are under active public discussion.

Sending the file to the DPPmerely means that it is a different person making the decision and taking the heat for it. It doesn't mean that Due Process is being undermined; just that the key decision is being made by different personnel.
 

gombeennation

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DPP said willie odea should not go to court for signing a false affidavid in the high court .... enough said?
 
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DPP said willie odea should not go to court for signing a false affidavid in the high court .... enough said?
I'm quite sure that the process is amenable to abuse as is any other.

O'Dea is a great example.

Remember that the DPP makes the decision in *all* prosecutions.
 

He3

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Didimus

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If what the Independent says is true, what it means is that people in the public eye get more stringent treatment than other citizens.
If I am caught making an illegal turn and arrested for same, the gardai might decide to let me off with a warning and not send the case forward to the DPP.
If a figure in the public eye does same , no such discretion is allowed.
 

Furze

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If what the Independent says is true, what it means is that people in the public eye get more stringent treatment than other citizens.
If I am caught making an illegal turn and arrested for same, the gardai might decide to let me off with a warning and not send the case forward to the DPP.
If a figure in the public eye does same , no such discretion is allowed.
Sorry, but you have that backwards.

And remember with penalty points there are two appeal processes - one for joe public (Court appearance) and other for the "connected" (informal letter to Chief Inspector)
 

Didimus

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Sorry, but you have that backwards.

And remember with penalty points there are two appeal processes - one for joe public (Court appearance) and other for the "connected" (informal letter to Chief Inspector)
actually I think I'm right.
All prosecutions have to go through DPP. Not all who are arrested have their case reviewed by dpp. To insist that all cases involving people with public profile have to be examined by dpp means that such people have less leeway.
Given the numbers who used the discretionary powers of local superintendents I think many of joe public availed off the two systems.
 

gombeennation

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If what the Independent says is true, what it means is that people in the public eye get more stringent treatment than other citizens.
again - i give you ... Willie Odea.
He signed a false affidavid in the high court - the DPP said 'no case to answer'
 

Furze

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actually I think I'm right.
All prosecutions have to go through DPP. Not all who are arrested have their case reviewed by dpp. To insist that all cases involving people with public profile have to be examined by dpp means that such people have less leeway.
Given the numbers who used the discretionary powers of local superintendents I think many of joe public availed off the two systems.
again - i give you ... Willie Odea.
He signed a false affidavid in the high court - the DPP said 'no case to answer'

But surely the DPP is above reproach and is using discretionary powers as pointed out by Didimus in the case of first appeal to the local superintendent on penalty points. 
I'm not sure what would happen if one would go to court with the defense that you were awaiting a response from the local super in relation to his discretionary power. 
 

LamportsEdge

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The DPP in Ireland is about as 'independent' as the judiciary, the Gardai and the Oireachtas- ie, in name only. In fact it only alleges 'independence' as a principal in order to stave off any regulatory oversight.
 

Tin Foil Hat

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I would imagine it's quite normal for the top man to make the call in the 'big' cases in lots of countries.
 

LamportsEdge

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I would imagine it's quite normal for the top man to make the call in the 'big' cases in lots of countries.
In totalitarian dictatorships.
 
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