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Drink drive bans lifted, convictions reversed as several Gardaí absent from Court


He3

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Serious management questions here as five convicted drink drive offenders get walkovers at their appeals due to no-show by prosecuting Gardaí.

Judge fumes. Drivers cheerfully head for their cars.

Conall Ó Fátharta tells the story:

Five drink drivers win appeals after gardaí fail to show | Irish Examiner

But who will ensure those management questions are ever answered?
 

NewGoldDream

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I appreciate this was the Circuit Court, but can see this being a more regular feature as all courts are centralised. Cost more for the litigant, more for the State and less chance of all relevant witnesseses being present.
 

Sync

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Bench warrants for failure to appear. Contempt of court. A week in the Joy for one guard and I bet that's the end of this problem.
 

Researchwill

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Bench warrants for failure to appear. Contempt of court. A week in the Joy for one guard and I bet that's the end of this problem.
I am only speaking off the cuff here, so may be wrong. I think as the Garda is in fact prosecuting a summons for his attendance has not issued, as no summons no bench warrant.
 

controller

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Bench warrants for failure to appear. Contempt of court. A week in the Joy for one guard and I bet that's the end of this problem.
Nonsense post
 

artfoley56

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why didnt the judge adjourn the cases peremptorily for 2 weeks and in the ibtervening period have the inspector bought in to explain under oat the problem
 

Sync

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I am only speaking off the cuff here, so may be wrong. I think as the Garda is in fact prosecuting a summons for his attendance has not issued, as no summons no bench warrant.
Agreed. So judges need to issue summons from now on. I'm speaking utterly off the cuff as well, I'm not sure of the logistics around getting to that point, but Gardai need to attend these sessions or criminals will go free. It's that simple. So if we're to persist with the current system, we need to make sure they attend.
 

cabledude

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Bench warrants for failure to appear. Contempt of court. A week in the Joy for one guard and I bet that's the end of this problem.
That would put manners on them...
 

Researchwill

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Its ridiculous that gardai need to hang around court for hours just to give evidence in cases like this. They should be able to do video link or prerecord the statement.
Pre recorded can not work as no opportunity to cross examin. I have been told that video linked evidence is being arranged. For example all courts in CCJ are fully equipped for such evidence. All courts in Cork Circuit the same. What I am hearing is that the centralisation of the courts I.e. all cork cases in cork city, will have live video links to remote centres so say a Garda in Kinsale can give evidence from Kinsale etc.

Most minor mention matters in criminal matters are via video link if the accused is in custody. In fact I must admit I'm impressed with the Court Services and what they have done and plan todo.
 

controller

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That would put manners on them...
IF they are sick or on leave they don't have to be there. The case should have been struck out 'with liberty to re-enter' which would allow the Garda to restart by summonsing the drivers in the future
 

Researchwill

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why didnt the judge adjourn the cases peremptorily for 2 weeks and in the ibtervening period have the inspector bought in to explain under oat the problem
I was just talking to a solicitor who was in that list, in fact most cases did get adjourned including his case, no case before his was struck out. The only thing I can think is some already had been adjourned peremptorily.
 

freewillie

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IF they are sick or on leave they don't have to be there. The case should have been struck out 'with liberty to re-enter' which would allow the Garda to restart by summonsing the drivers in the future


Sick leave is one part and if necessary production of a sick certificate to his authorities could be explained in court by the Inspector. A defendant can get an adjournment on production of a cert so it works both ways.
If a Guard is on leave surely that should be notified in advance
 

Sync

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Sick leave is one part and if necessary production of a sick certificate to his authorities could be explained in court by the Inspector. A defendant can get an adjournment on production of a cert so it works both ways.
If a Guard is on leave surely that should be notified in advance
Exactly. I expect no better or worse from them than I do the defendent.
 

damus

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Its ridiculous that gardai need to hang around court for hours just to give evidence in cases like this. They should be able to do video link or prerecord the statement.
You cannot cross-examine if it's a pre-recorded statement....but I do agree there should be a provision for video-links.
 

Eoin Coir

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Sick leave is one part and if necessary production of a sick certificate to his authorities could be explained in court by the Inspector. A defendant can get an adjournment on production of a cert so it works both ways.
If a Guard is on leave surely that should be notified in advance
I agree, defendants will get adjournments on any old excuse, like bringing the baby to hospital, etc
 

turdsl

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This government has not the ability to reform anything,Not the Dail, Not the courts, just carry on as we are.
 

Eoin Coir

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If guards were sick with " bad backs" they should have certs for court.
 
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