Judge condemns murder victims family's Victim impact statement

FutureTaoiseach

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In the latest example of the obsession of our courts with Political-Correctness, Justice Barry White has condemned the victim-impact statement of the family of a murder victim as "xenophobic" and "offensive", and therefore delayed the sentence. The victim-impact statement expressed anger after the confessions of the 4 men in Garda custody were ruled as inadmissible due to a technicality, and said that those behind her death were "animals", and that "People with criminal records in their own country should never be allowed to live among us":
RTE News said:
The judge in the case of four men who pleaded guilty to impeding the investigation into the killing of Rebecca French last year has asked the DPP to consider whether he should recuse himself from the case.
Mr Justice Barry White has asked the Director of Public Prosecution to consider the victim impact statement from Ms French's sister, Rachel, in determining his decision.
Mr Justice White was due to sentence the four men in the case today in the Central Criminal Court.
Two of the men last month pleaded guilty to impeding the investigation into the killing of Rebecca French at Ard Na Dara, Clonard, Wexford.
Ricardas Dilys, 28, and Ruslanas Mineikas, 26, of Goodtide Harbour and formerly of Davitt Road South, both in Wexford town, were on trial for her murder when they made the pleas.
They had pleaded not guilty to her murder but the murder charges were dropped when a legal technicality meant their admissions in garda custody could not be used against them.
Two other men, 41-year-old Patrick O'Connor of Ard Na Dara, Clonard, Wexford, and 27-year-old Piotr Pasiak of Lower John Street in Wexford had already pleaded guilty to impeding the investigation in the same way.
Ms French's body was discovered by firefighters in the boot of her burning car at Cod's Lane on 9 October 2009.

Rachel French expressed anger with the justice system as no one was to be prosecuted for the killing.
This morning, Mr Justice White described that statement as offensive, inappropriate, and xenophobic.
He said he had no advance knowledge of the contents of the statement, a copy of which was handed to him as the evidence was being presented.
He said it lacked an appreciation of the presumption of innocence, an appreciation of the concept of joint enterprise and an appreciation of the judicial function.
Mr Justice White said he was not sure if the criticisms were directed at him, the DPP, or the Minister for Justice.
But he said if he was to sentence the men today justice might not be seen to have been done and it could seem that he was influenced.
He said he appreciated the feelings of the French family but 'we are an ordered and lawful society'.
The judge said this was clearly a case involving a substantial custodial sentence but he said if there were an appeal on the severity of sentencing the material in the victim impact statement would be before the Court of Appeal.
He also said he wanted the DPP to consider whether the original victim impact statement should be redacted and an appropriate report presented before a different judge.
Mr Justice White also said he wanted the DPP advised that he would not accept victim impact statements presented to him 'on the hoof' at the same time as they were being presented in court.
He said he appreciated the matter of sentencing should not be unduly delayed and said the case should come back before him on 10 December.
Breakingnews.ie said:
Rebecca French’s family said in an emotive victim impact statement taht those behind her death were "animals".

It continued: "People with criminal records in their own country should never be allowed to live among us."

Mr Justice Barry White was due to hand down sentences to the four men guilty of impeding her murder investigation this morning but held back because of the report which was read out in court yesterday.

He said there might be a perception that he had been influenced by the comments of the French family some of which he branded as xenophobic, and added that justice must be seen to be done.

He has put the case back until next month for the DPP to give an opinion on the victim impact report and whether Mr White should stand down as judge in the case.
Justice delayed is justice denied, and the suffering of Rebecca French's family has been exacerbated by a cold judicial-system fixated with technicalities and a Liberal Dublin 4-mindset. The victims have every right to describe those involved as "animals" who should not have the right to live amongst live-abiding citizens i.e. that while having the right to life, the public should not be forced to live amongst them. Shame on the judiciary. It underlines the imperative for greater transparency and democratic-accountability in the judicial-appointment's process, so as to redress the balance of a one-sided justice-system that too often appears insufficiently sensitive to the rights and concerns of victims of crime - as opposed to the sensitivities of the criminals themselves.

This case also has to be seen in context. It comes after:

- A Polish woman who beat her baby to death received a mere 4 yr sentence because a Judge cited her foreign-nationality as a mitigating-factor.

- An African received a year's-reduction in his sentence for a drugs-offence because the judge cited his skin-colour as a mitigating factor.

It has to be asked what the Irish people have done to deserve such a spineless judiciary as this. The time has come for US-style confirmation hearings for High Court, Supreme Court, and Central Criminal Court judges so as to redress the balance away from the criminals and in favour of the victim. Write to the politicians to demand tougher sentencing, and the appointment of judges that will crack down hard on criminals. In an age where law and order is facing a breakdown at levels unseen since the Civil War, we deserve no less.
 


Aspherical123

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The republic is now a full member of the EU and new world order. Daring to complain about criminals not from our shores being allowed into the country,who then murder, makes you a "xenophobe," they invent language to stop any dissent.
 

nicht besonders

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Oh great a racist thread.

If the police hadn't messed up justice would've been done. It hasn't, and the cops are to blame, as is so often the case.
 

ellie08

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She was brutally, brutally beaten and set fire to and left to burn in a car. Her statement was mild. God love the victim's family, being admonished and humiliated like this on top of what they have already suffered. By the by, why are their confessions in custody ruled inadmissible?
 

FutureTaoiseach

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Oh great a racist thread.

If the police hadn't messed up justice would've been done. It hasn't, and the cops are to blame, as is so often the case.
Godwin's Law strikes again. :rolleyes: Someone's membership of a minority should not entitle them to softer treatment from our judicial-system, including some brownie-points for having their sensitivities offended after commiting terrible crimes against citizens of our country.
 

borntorum

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In the latest example of the obsession of our courts with Political-Correctness,
Nonsense. It is VIS themselves that are examples of political correctness. While emotionally understandable, they contradict the fundamental premise of our criminal legal system, and are particularly inappropriate in circumstances where the victim is deceased.
 

corelli

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In the latest example of the obsession of our courts with Political-Correctness, Justice Barry White has condemned the victim-impact statement of the family of a murder victim as "xenophobic" and "offensive", and therefore delayed the sentence. The victim-impact statement expressed anger after the confessions of the 4 men in Garda custody were ruled as inadmissible due to a technicality, and said that those behind her death were "animals", and that "People with criminal records in their own country should never be allowed to live among us":Justice delayed is justice denied, and the suffering of Rebecca French's family has been exacerbated by a cold judicial-system fixated with technicalities and a Liberal Dublin 4-mindset. The victims have every right to describe those involved as "animals" who should not have the right to live amongst live-abiding citizens i.e. that while having the right to life, the public should not be forced to live amongst them. Shame on the judiciary. It underlines the imperative for greater transparency and democratic-accountability in the judicial-appointment's process, so as to redress the balance of a one-sided justice-system that too often appears insufficiently sensitive to the rights and concerns of victims of crime - as opposed to the sensitivities of the criminals themselves.

This case also has to be seen in context. It comes after:

- A Polish woman who beat her baby to death received a mere 4 yr sentence because a Judge cited her foreign-nationality as a mitigating-factor.

- An African received a year's-reduction in his sentence for a drugs-offence because the judge cited his skin-colour as a mitigating factor.

It has to be asked what the Irish people have done to deserve such a spineless judiciary as this. The time has come for US-style confirmation hearings for High Court, Supreme Court, and Central Criminal Court judges so as to redress the balance away from the criminals and in favour of the victim. Write to the politicians to demand tougher sentencing, and the appointment of judges that will crack down hard on criminals. In an age where law and order is facing a breakdown at levels unseen since the Civil War, we deserve no less.
Oh look, Taoiseach off on another ill-informed xenophobic rant based on information he reads in the papers and without a shred of knowledge as to the law applicable. Always interesting reading! :)
 

reknaw

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I believe the judge acted correctly. We all have to live by the rules, irrespective of nationality and the depth of hurt that some of us may feel, and the person who spoke on behalf of the French family was purely and simply out of line. One wonders why she was not given better advice by her legal counsel - who is presumably Irish.:rolleyes:

The judge postponed sentencing so that the victim impact statement can be correctly presented and the convicted persons are not given the gift of another technicality advantage that could see their convictions thrown out by an appeal court.:shock2:

They have already benefited from Garda procedural errors, something that can not be excused and for which not even Future Taoiseach can blame foreigners.:eek:

Of course, if this gives Future Taoiseach another excuse to get up on his favourite hobby horse and launch himself on yet another xenophobic rant, by all means FT. Knock yourself out, whatever get's y'off, etc. etc:lol:.
 

corelli

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Nonsense. It is VIS themselves that are examples of political correctness. While emotionally understandable, they contradict the fundamental premise of our criminal legal system, and are particularly inappropriate in circumstances where the victim is deceased.
Translated means that it is the State prosecuting on behalf of the people of Ireland, as it is crime against society, rather than any form of retribution on behalf of the actual victim or their family. :)
 

FutureTaoiseach

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Oh look, Taoiseach off on another ill-informed xenophobic rant based on information he reads in the papers and without a shred of knowledge as to the law applicable. Always interesting reading! :)
Godwin, Godwin, Godwin. It is about equality. Equality means that you shouldn't get leniency just because you are a foreign-national, or indeed an Irish national. Answers like this demonstrate the Left don't favour equality at all.
 

YoungLiberal

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In the latest example of the obsession of our courts with Political-Correctness, Justice Barry White has condemned the victim-impact statement of the family of a murder victim as "xenophobic" and "offensive", and therefore delayed the sentence. The victim-impact statement expressed anger after the confessions of the 4 men in Garda custody were ruled as inadmissible due to a technicality, and said that those behind her death were "animals", and that "People with criminal records in their own country should never be allowed to live among us":Justice delayed is justice denied, and the suffering of Rebecca French's family has been exacerbated by a cold judicial-system fixated with technicalities and a Liberal Dublin 4-mindset. The victims have every right to describe those involved as "animals" who should not have the right to live amongst live-abiding citizens i.e. that while having the right to life, the public should not be forced to live amongst them. Shame on the judiciary. It underlines the imperative for greater transparency and democratic-accountability in the judicial-appointment's process, so as to redress the balance of a one-sided justice-system that too often appears insufficiently sensitive to the rights and concerns of victims of crime - as opposed to the sensitivities of the criminals themselves.

This case also has to be seen in context. It comes after:

- A Polish woman who beat her baby to death received a mere 4 yr sentence because a Judge cited her foreign-nationality as a mitigating-factor.

- An African received a year's-reduction in his sentence for a drugs-offence because the judge cited his skin-colour as a mitigating factor.

It has to be asked what the Irish people have done to deserve such a spineless judiciary as this. The time has come for US-style confirmation hearings for High Court, Supreme Court, and Central Criminal Court judges so as to redress the balance away from the criminals and in favour of the victim. Write to the politicians to demand tougher sentencing, and the appointment of judges that will crack down hard on criminals. In an age where law and order is facing a breakdown at levels unseen since the Civil War, we deserve no less.
My God, you're absolutely clueless in so many fields. It must almost be quite the task to stay so ignorant.
 

corelli

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Godwin, Godwin, Godwin. It is about equality. Equality means that you shouldn't get leniency just because you are a foreign-national, or indeed an Irish national. Answers like this demonstrate the Left don't favour equality at all.
And you can't even read the article properly. Where did any foreign national get favorable treatment?
 

FutureTaoiseach

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And you can't even read the article properly. Where did any foreign national get favorable treatment?
Justice delayed is justice denied. As such, an Irish family is being denied the equal right of all victims of expedient justice. A sensitivity is being shown to the feelings of the perpetrators that would be better employed towards those of the victims. That is true equality.
 

Expatriot

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And this warrants a thread on a political site because?
 

borntorum

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My God, you're absolutely clueless in so many fields. It must almost be quite the task to stay so ignorant.
It's an utter dialogue of the deaf with him. All facts that in any way contradict or challenge his multitude of prejudices are simply ignored or dismissed.
 

corelli

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Justice delayed is justice denied. As such, an Irish family is being denied the equal right of all victims of expedient justice. A sensitivity is being shown to the feelings of the perpetrators that would be better employed towards those of the victims. That is true equality.
Your a complete numpty. The delay is BECAUSE the family gave a totally inappropriate victim impact statement. The Judge is delaying now because he does not want to give any reason to the defendants to appeal his sentence on grounds of severity. IF they did that after sentencing, the Court of Criminal Appeal would have the statement before them and might have come to the conclusion that he, the Judge, was unduly influenced by it. He wants the DPP to indicate whether he thinks someone else should sentence the men or whether a redacted statement should be provided to him. He is trying everything in his power to prevent an appeal after what, I think is now clear, the substantial sentence he is planning on imposing.

He is NOT trying to be sensitive towards them, rather the opposite.

Will you ever engage your brain before opening your mouth.

PS Do you actually know what Godwin's Law provides? It seems very much that you don't.
 

YoungLiberal

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Justice delayed is justice denied. As such, an Irish family is being denied the equal right of all victims of expedient justice. A sensitivity is being shown to the feelings of the perpetrators that would be better employed towards those of the victims. That is true equality.
Only an utter friggin' retard could think that's why the Judge sought counsel from the DPP on whether he ought to recuse himself.
 

FrankSpeaks

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I have sympathy for the family and the judge. They were right to call the perpetrators animals. And I would still call them animals whether they are Irish, Polish or Nigerian etc.

They should be some way around the legal technicalities by way of a new trial or some means of reinterviewing and recharging the accused.

It is a disgrace that these murdering bastards got off and it now seems will get short sentences for the lesser charges they were convicted of.
 

FutureTaoiseach

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And this warrants a thread on a political site because?
Because justice is a political-issue for all but the Liberal-clique in this country.
FrankSpeaks said:
I have sympathy for the family and the judge. They were right to call the perpetrators animals. And I would still call them animals whether they are Irish, Polish or Nigerian etc.

They should be some way around the legal technicalities by way of a new trial or some means of reinterviewing and recharging the accused.

It is a disgrace that these murdering bastards got off and it now seems will get short sentences for the lesser charges they were convicted of.
+1
 


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