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Suspect in Dean Fitzpatrick stabbing death named before being charged.


asset test

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Is this a first?

Maybe it has happened before, but I honestly don't recall any suspect being named publicly before being charged, and/or appearing in court in connection with the offence.

In any event the person in question has been released without charge and a file is being prepared for the DPP.

The person was named in this mornings Independent, and mayb other publications also. Not on RTE or iT.


Man questioned over fatal Dublin stabbing released - RTÉ News
 


Frank Galton

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We'll have to tread lightly on this one but it's hard not to notice the tragic family history in this case, there is a backstory that we don't know about.
 

asset test

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We'll have to tread lightly on this one but it's hard not to notice the tragic family history in this case, there is a backstory that we don't know about.
I agree about being careful re comments.

Although the OP was not about anything like that.

I merely wished to know if a suspect can be named before being charged here, and used today's naming as an example. I didn't name anyone for the record.
 

Colin M

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I still don't get how naming a suspect in a report, will prejudice anything.
 

Truth.ie

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Is this a first?

Maybe it has happened before, but I honestly don't recall any suspect being named publicly before being charged, and/or appearing in court in connection with the offence.

In any event the person in question has been released without charge and a file is being prepared for the DPP.

The person was named in this mornings Independent, and mayb other publications also. Not on RTE or iT.


Man questioned over fatal Dublin stabbing released - RTÉ News
Is this a first??
You obviously haven't been reading the Sunday World for the last 10 years.
We also had media photographers outside the home of Alan Ryans Mother before Gardai arrived to arrest her sons.
All the men arrested were named and their images appeared in the press the same day before being charged or released.
A young man arrested in Leitrim for the killing of the Prison Officer in Armagh (and later released without charge) was also publicly identified.
This is a common recurrence in recent years.
Privacy is only for our betters.
 

asset test

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Is it a legal requirement, or just a practise that ( notwithstanding the points mentioned by Truth.ie above), suspects are not usually identified prior to being charged.

I personally think it is not right that suspects are named on arrest and questioning.

I would not like to be arrested and named for something I didn't do.
 

anewbeginning

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I'm not sure there is any law against a suspect being named before or after being charged.

There have been many recent cases where suspects in rape cases, etc have been named before a court case and found completely innocent after the court case. However the fact they have been named as suspects has had a disastrous impact on their lives.

There probably should be a law alright however, with the internet, twitter and all that, the name of the person would get into the public domain quite soon. It's relatively easy to gag the press, not so easy to gag social media.
 

cricket

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It should be illegal to name a person before they are convicted, never mind before they are charged.
I completely agree and have said so for years. Know of one guy who was named when charged with a serious, non-sexual offence. Had to wait nearly two years before trial, case dropped by the state at the opening of the trial. He and his family had gone through hell in the meantime. There is a strong case to be made that no reporting should take place of any criminal trials until they have concluded and then only if a conviction has been secured.
 

DuineEile

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I completely agree and have said so for years. Know of one guy who was named when charged with a serious, non-sexual offence. Had to wait nearly two years before trial, case dropped by the state at the opening of the trial. He and his family had gone through hell in the meantime. There is a strong case to be made that no reporting should take place of any criminal trials until they have concluded and then only if a conviction has been secured.
There is also a strong case for saying that the costs should follow the trial of the action, as in a civil case.



D
 

anewbeginning

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I completely agree and have said so for years. Know of one guy who was named when charged with a serious, non-sexual offence. Had to wait nearly two years before trial, case dropped by the state at the opening of the trial. He and his family had gone through hell in the meantime. There is a strong case to be made that no reporting should take place of any criminal trials until they have concluded and then only if a conviction has been secured.
False claims against people should also be dealt with severely with long prison sentences. To wrongly accuse someone of a serious crime is in itself a very serious criminal offence. However the other side to this is it might put genuine crime victims from coming forward.

However peopl who makes false claims against others are the absolute scourge of the criminal justice system and use up valuable resources that could be used elsewhere.
 

pippakin

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I think its fairly common for the names of people the police want to or are interviewing to be given to the press/public. I'm not sure its right to do it there was an appalling case in Bristol not too long ago the landlord, slightly eccentric, was questioned and the press had him as good as guilty. He wasn't.
 

inchicore_republican

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When Joe Reilly was first arrested in connection with his wife's death but not charged the Evening Herald had a picture of him leaving the Garda station and saying he was arrested for questioning about his wife's death.
 

Congalltee

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The gardai refer to a "murder investigation". The press should not refer to any homicide as murder given that provocation and self-defence may in an issue, even if the who-done-it element is obvious.

The names of those arrested for certain banking offences were released prior to being charged.
 

asset test

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The names of those arrested for certain banking offences were released prior to being charged.
To be fair, the names of those involved in the banking scandals particularly Anglo were well known before their arrest.

That they were arrested and named was no surprise. What the outcome will be is anyone's guess however. And some might say naming them and arresting them is ALL that might happen!

It is a different matter altogether to be arrested on suspicion of murder or rape for example, and to be named when no charges may be brought, and a person's life and reputation is then ruined as a result.

The "no smoke without fire" reaction which may have absolutely no basis in fact.
 

ProfCalculus

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It seems to me that it is simply the practice of the media to hold off naming people until a charge has been preferred. I know of no criminal law that would prevent the naming of someone who has been arrested and questioned. And from a civil law perspective, it's not defamatory in that it's factual.

I don't go along with the argument that those charged with crimes should not be named. In any event, to apply such a blanket ban would fly in the face of the constitutional provision to the effect that justice is to be administered in public.

However, the eyebrow raiser today is the description of the killing as a murder rather than a homicide. I can certainly see a defamation case if a suspect is named but no charges ensue and that suspect's name has been linked to something described as a murder rather than the more neutral "homicide".

It may well be the State's case in due course that the killing was a murder rather than a manslaughter, but it is premature of the media to describe it as anything other than a homicide at this stage.
 

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