An occasional commentary on some aspects of criminal law in Ireland.

Saturday, 27 February 2010

Man avoids jail over sex conviction | Irish Examiner

Man avoids jail over sex conviction | Irish Examiner

In other jurisdictions this is known as statutory rape, and the sentences reflect this.

irishtimes.com - Man jailed for 'horrific' rape and assault - Sat, Feb 27, 2010

irishtimes.com - Man jailed for 'horrific' rape and assault - Sat, Feb 27, 2010

I would like to see an even longer sentence.

irishtimes.com - Woman was trying to 'get' son of man she killed with car - Sat, Feb 27, 2010

irishtimes.com - Woman was trying to 'get' son of man she killed with car - Sat, Feb 27, 2010

this will be interesting as to whether the jury goes for a manslaughter or murder verdict

irishtimes.com - Inquest into man found dead in custody adjourned - Sat, Feb 27, 2010

irishtimes.com - Inquest into man found dead in custody adjourned - Sat, Feb 27, 2010

very interesting, very important of any criminal justice system that the welfare of those in custody is upheld.

irishtimes.com - Court suspends 2 years of term for manslaughter - Sat, Feb 27, 2010

irishtimes.com - Court suspends 2 years of term for manslaughter - Sat, Feb 27, 2010

again interesting, hard to see where the original sentence was wrong?

irishtimes.com - Solicitor and brother for trial on forgery charges - Sat, Feb 27, 2010

irishtimes.com - Solicitor and brother for trial on forgery charges - Sat, Feb 27, 2010

Very interesting, quite an old offence?

irishtimes.com - Short jail time urged for UVF brothers - Sat, Feb 27, 2010

irishtimes.com - Short jail time urged for UVF brothers - Sat, Feb 27, 2010

Return of the super grass trials.

Woman who rewarded boy, 12, with new trainers after sex for 100th time, jailed | News

Woman who rewarded boy, 12, with new trainers after sex for 100th time, jailed | News

the opera of the poor..

Friday, 26 February 2010

Minister: Broe case in U.S. is grotesque - Politiken.dk

Minister: Broe case in U.S. is grotesque - Politiken.dk

Franz Kafka is alive and well living in america.

nrc.nl - International - Features - Child sex abuse in Dutch Catholic Church revealed

nrc.nl - International - Features - Child sex abuse in Dutch Catholic Church revealed

Gee this is a problem in many countries, I wonder how the dutch legal system will deal with it?

irishtimes.com - Man (24) who rammed Garda patrol cars during chase jailed - Fri, Feb 26, 2010

irishtimes.com - Man (24) who rammed Garda patrol cars during chase jailed - Fri, Feb 26, 2010

Not a very legal analysis, what a nut!

irishtimes.com - NI couple jailed over �4.6m tax scam - Fri, Feb 26, 2010

irishtimes.com - NI couple jailed over �4.6m tax scam - Fri, Feb 26, 2010

A heavier sentence than they would have got in the irish criminal justice system, by a country mile!

irishtimes.com - Colclough has jail sentence reduced - Fri, Feb 26, 2010

irishtimes.com - Colclough has jail sentence reduced - Fri, Feb 26, 2010

While the court went for this, it is very much a moot point, his age and plea of guilt are mitigating factors but was ten years not appropriate anyway?

irishtimes.com - Man jailed for 14 years for rape - Fri, Feb 26, 2010

irishtimes.com - Man jailed for 14 years for rape - Fri, Feb 26, 2010

A nice big fat sentence, good enough for him. sorry not very academic.

Omagh families give up hope of any convictions after acquittal - National News, Frontpage - Independent.ie

Omagh families give up hope of any convictions after acquittal -
National News, Frontpage - Independent.ie

The exclusionary rule or fruit of the poisoned tree doctrine, how could this case have been re-tried when the evidence was so tainted?

Crime soared alongside economy in boom years - National News, Frontpage - Independent.ie

Crime soared alongside economy in boom years -
National News, Frontpage - Independent.ie

Interesting, usually it's the reverse or am i mistaken?

BBC News - TUV man retracts PSNI/Gestapo comparison

BBC News - TUV man retracts PSNI/Gestapo comparison

Silver tongued devils, those unionists LOL!

Focus on motivation in assisted suicides code | Irish Examiner

Focus on motivation in assisted suicides code | Irish Examiner

can you imagine what it would be like here in Ireland? bumping off grannies like billyo!

Low rate of crimes resulting in prosecution | Irish Examiner

Low rate of crimes resulting in prosecution | Irish Examiner

I would suggest that a record be kept of the decisions behind the prosecution or non prosecution of an offence.

Jobs key to prevent prisoners reoffending | Irish Examiner

Jobs key to prevent prisoners reoffending | Irish Examiner

Of course!!!

Drop of 64% in offence rate by youths in scheme | Irish Examiner

Drop of 64% in offence rate by youths in scheme | Irish Examiner

These schemes are vital and effective, very effective, all the money and resources in tough on crime measures wasted by successive ministers of justice, especially Michael McDowell, in cynical selfish vote catching exercises.

irishtimes.com - Lynch rails over failure to prosecute Michael Neary - Fri, Feb 26, 2010

irishtimes.com - Lynch rails over failure to prosecute Michael Neary - Fri, Feb 26, 2010

Gee after all those years of study and practice in criminal law, Iam asking the same question...

irishtimes.com - 'Reasonable' force used on man in Garda custody - Fri, Feb 26, 2010

irishtimes.com - 'Reasonable' force used on man in Garda custody - Fri, Feb 26, 2010

Well he would say that wouldn't he/ he's been in enough courts to understand the differences between statements of fact and statements of opinion.

irishtimes.com - Drug crime increasing faster than all other offences - Fri, Feb 26, 2010

irishtimes.com - Drug crime increasing faster than all other offences - Fri, Feb 26, 2010

Failures let girl, 7, starve to death: She would still be alive if officials had done their job, says judge


Failures let girl, 7, starve to death: She would still be alive if officials had done their job, says judge

By FAY SCHLESINGERDAVID WILKES and ANDY DOLAN
Last updated at 11:19 PM on 25th February 2010

Khyra Ishaq was deliberately starved to death by her mother Angela Gordon despite a well-stocked family kitchen
Prisoner: Khyra Ishaq was deliberately starved to death by her mother Angela Gordon despite a well-stocked family kitchen
A girl of seven was starved to death by her mother and stepfather after a series of failures by public officials.
Khyra Ishaq was beaten with a cane and allowed to die a slow and agonising death, despite being monitored and visited by at least nine social workers, education officers, teachers and police.
Many of them were simply fobbed off by the girl's calculating mother. They did not even find out that her schizophrenic and brutal stepfather was living in the house. 
Yesterday a judge said Khyra - who had lost 40 per cent of her body weight and was just 2st 9lb when she died - would still be alive if they had done their job.
Astonishingly, she had not even been placed on the at risk register - despite concerns from her head teacher that she had been spotted stealing food.
Yesterday it also emerged that: 
  • Her mother and stepfather exploited a loophole in home education laws to keep her a prisoner in their house without arousing the suspicions of the authorities. 
  • Her school saw signs of starvation and told social services, who did nothing before eventually relying on a single fleeting glimpse of Khyra to decide she was 'fit and well'.
  • None of the 'incompetent' officials who dealt with Khyra's case has been disciplined.
Her mother Angela Gordon, 35, and stepfather Junaid Abuhamza, 30, were convicted of her manslaughter and cruelty to five other children who lived in the house. They will be sentenced next week.
Abuhamza had moved into the house in Handsworth, Birmingham, and introduced a horrific regime of punishment. He believed an evil spirit lurked inside the innocent girl, and had to be beaten, whipped and starved out of her.

Scroll down to watch video reports

Angela Gordon
Junaid Abuhamza
Angela Gordon, left, was found not guilty of murdering her daughter Khyra Ishaq. Junaid Abuhamza was Khyra's stepfather. He suffered from schizophrenia and thought the house and Khyra were possessed by an evil spirit
Khyra had been withdrawn from state school by her mother, who told authorities that she would be educated at home.
But court papers said that Khyra's death in May 2008 would 'in all probability' not have happened if there had been 'an adequate initial assessment and proper adherence by the educational welfare services to its guidance'.
In a secret ruling made last year, High Court judge Mrs Justice King said: 'It is beyond belief that, in 2008, in a bustling, energetic and modern city like Birmingham, a child of seven was withdrawn from school and thereafter kept in squalid conditions for a period of five months before finally dying of starvation.' 
This photo of a well-stocked fridge at Khyra's family home was shown to jurors as evidence that the child was deliberately starved to death
This photo of a well-stocked fridge at Khyra's family home was shown to jurors as evidence that the child was deliberately starved to death
The kitchen was kept locked with a bolt 'out of reach of the children'
The kitchen was kept locked with a bolt 'out of reach of the children'
In December 2007, six months before Khyra died, her deputy headmistress phoned social services three times in 24 hours, concerned over her absence after she was spotted stealing food from another pupil's bag. 
She went to the house with another teacher but was refused entry.
Two police officers immediately did a 'safe and well' check but - at that stage at least - Khyra appeared 'healthy and clean', even though they were allowed to see her for only ten minutes.
Enlarge Buck Passers.jpg

In January 2008, social worker Ranjit Mann finally visited Khyra. Mrs Mann peered through the letterbox and left a note, only to a get a call from Khyra's paranoid mother threatening to sue. 
She passed the case to a colleague and left her post.
Two other social workers - Anne Gondo and Sayna Scott - saw Khyra for just ten minutes on her doorstep and, after an irate call from her mother, recommended closing her file.
Cruelty: Junaid Abuhamza, left, with Gordon in Birmingham Crown Court. The step-father believed Khyra was possessed by an evil spirit
Cruelty: Junaid Abuhamza, left, with Gordon in Birmingham Crown Court. The stepfather believed Khyra was possessed by an evil spirit
In February, education assessors Irving Horne and Richard Lewis spent an hour examining a 'sparse' makeshift classroom in the house. They were told she was asleep upstairs after a 'late night' and approved her for home tuition.
By apparently co-operating with the education team, Gordon guaranteed that Khyra would never have to be directly seen by council officials, because the system does not require home schooling assessors to see the children they monitor. 
House of horrors: The terraced house in Birmingham where Khyra and five other children lived
House of horrors: The terraced house in Birmingham where Khyra and five other children lived
The council's social services department - one of the biggest in the country - was last year labelled 'not fit for purpose' following a damning inquiry that exposed inadequate senior managers and staff shortages. 
Last night Tony Howell, the council's strategic director for children - who oversaw both departments monitoring Khyra - apologised but rejected calls for his resignation.
A serious case review will investigate Khyra's death. 

A fridge bulging with food, but emaciated Khyra had to scavenge for crumbs on the bird table

Forced to stand outside in the freezing cold for hours in only her underwear, seven-year-old Khyra Ishaq made a pitiful sight.
After five months of starvation and beatings she was severely malnourished and covered in scars and bruises - not the happy girl who used to eat her grandmother out of house and home when she went to stay at weekends.
Rubbish and food scraps at the rear of the property. At mealtimes the children were given one bowl containing carrots, beans, eggs and rice, or unsweetened porridge, to share between all of them
Rubbish and food scraps at the rear of the property. At mealtimes the children were given one bowl containing carrots, beans, eggs and rice, or unsweetened porridge, to share between all of them
Disappointment: Khyra's natural father Ishaq Abuzaire believes the defendants should have been convicted of murder
Disappointment: Khyra's natural father Ishaq Abuzaire believes the defendants should have been convicted of murder
So when she spied stale breadcrumbs left out on a bird table in the back garden, she took a risk and devoured them.
She knew that the punishment for scavenging food could be a fully clothed cold bath, a night spent in the garden shed or a brutal beating with a bamboo cane.
Khyra's mother 'went mad' over the bread and admonished the neighbour who left it out. Her daughter's punishment was doled out behind closed doors.
The horrific cruelty Khyra suffered in those final months while being kept a prisoner at her home in Handsworth, Birmingham, was revealed after her mother Angela Gordon and stepfather Junaid Abuhamza pleaded guilty to killing the schoolgirl in a 'calculated and deliberate' campaign of abuse.
The house was described as a world 'more like a Victorian workhouse than a semi-detached in Birmingham in the 21st century'.
Abuhamza had started but not finished a series of repairs which left the family with only three usable rooms. One was the kitchen, but while it contained a well-stocked fridge, the door was locked.
Khyra and five other children who lived in the house were fed 'like puppies' from communal bowls.
Yet for most of her tragically short life, Khyra had been an energetic child with a voracious appetite.
Her grandmother Eartha Gordon said: 'She was so lively, a chatterbox. Once she had finished one meal she would ask for another. 
'We used to say how come she can eat so much and not put on weight? We used to say she is probably going to be the model of the family.'
Unfit mother: Gordon, pictured in a family video, resisted attempts by welfare workers to visit the home
Unfit mother: Gordon, pictured in a family video, resisted attempts by welfare workers to visit the home

TIMELINE: HOW KHYRA WAS ALLOWED TO DIE

These are the key dates in the months leading up to the death of Khyra Ishaq, who had lost about 40 per cent of her body weight by the time paramedics were called to her home in May 2008.
December 6, 2007: Khyra is withdrawn from her primary school - where she had a 100 per cent attendance record - by her mother Angela Gordon.
December 19: The deputy headteacher of Khyra's school contacts the children's services department at Birmingham City Council to raise concerns about her welfare. The teacher and a colleague later visited Khyra's home but are not allowed into the property.
January 28, 2008: Khyra's school again contacts social services to raise concerns about whether Gordon is able to meet her daughter's educational needs by teaching her at home. Social worker Ranjit Mann visits their home at 2pm on the same day, but it appears that no one is at the property and she leaves 10-15 minutes later.
January 29-30: Gordon contacts Ms Mann by phone, leaving a message but later refuses to arrange for the social worker to visit the home again.
February 8: Educational social worker Richard Lewis and council mentor Irving Horne visit the home to offer advice on home schooling. Neither official sees any children at the property.
February 21: Birmingham City Council social workers Sanya Scott and Anne Gondo pay a joint, pre-arranged visit to the family but are refused entry to the house. The women decide that they have no concerns for Khyra's well-being after she is brought to meet them at the front door.
March 8: Amandeep Kaur, who lived nearby, sees Khyra - dressed in just her underwear - in the back garden of her home. She was later to tell police that it was a cold morning and the 'abnormally thin' child was whimpering.
April 16: Mr Horne returns to Khyra's home, but there is no answer at the door and he leaves after posting a note through the letterbox.
May 10: According to evidence presented to the court, Khyra's condition would by now have been so severe that it must have been obvious she needed urgent medical attention.
May 17: Khyra is found dying or dead by paramedics called to her home shortly after 6am. She was so thin that her body mass index could not be measured on any available chart. Ambulance service worker Steven Hadlington later likened her emaciated frame to that of a famine victim or a concentration camp survivor.
Then Khyra's regular visits to her grandmother - and nearly all her contact with the outside world - came to a halt.
After her biological father Abu Zaire Ishaq (originally named Delroy Francis) left Gordon for another woman, his friend Abuhamza - real name Samuel Williams - stepped in as a 'Muslim brother' to help with shopping and the school run.
When he moved into the Victorian terrace at 36 Leyton Road in September 2007, Abuhamza decided to teach Khyra and the five other children there what he called 'the Islamic perspective about being dutiful to your parents'.
He used food as a tool to force them to be obedient, starting by abolishing junk food and then reducing meals and even cutting them off altogether.
The decorator became convinced that Khyra's innocent face concealed a jinn - a spirit which Muslims believe can possess humans to take revenge or carry out black magic.
Even as Khyra lay dying, too weak to move or cry out after five months of hunger, he refused to phone an ambulance and instead read the Koran over her frail body to exorcise the evil jinn.
Gordon, who had low self-esteem and depression, helped him rain down punishment after punishment as part of a strict regime of 'discipline'. She told her family that Abuhamza was her 'saviour'.
Then, on May 17, 2008, Khyra lost her fight for life after developing bronchopneumonia and septicaemia brought about by starvation - a common cause of death in concentration camps.
It was a fortnight after her seventh birthday. The 4ft 1in schoolgirl weighed just 2st 9lb, all her ribs were poking through her skin and her face was sunken. Her heart and most of her other internal organs had shrunk.
She had 60 scars and bruises on her skeletal body, 34 of them recent and eight inflicted by a cane. Her hair, once prettily styled in sugar cane rows, was short and balding.
Five months earlier, a teacher had seen Khyra desperately stealing-food from another pupil's bag in the first and only clear sign of her starvation.
Gordon took her and three of the other children out of school soon after on the pretext that Khyra was being bullied for wearing Muslim robes. From then on, visitors and relatives were kept away and the maltreatment escalated.
The children were told they were 'greedy' and locked out of the kitchen, with its tins of sweets, bowls of fruit and packed fridge.
Meals were limited to two a day - breakfast, typically porridge and occasionally fruit, and dinner, often corned beef or chicken, rice or dry bread and sometimes vegetables.
The children were fed in the upstairs bedroom - where all six slept on two mattresses - and ate with their hands from a shared bowl. They drank from a single, shared cup of water.
Gordon, who appeared slim in court, once had a weight problem that saw her balloon to 20st, prompting her to go on a crash diet.
But as a court document put it last year: 'Food was an issue for her and she seemed unable to understand that whilst it may well have been appropriate for her to lose weight, it was certainly not appropriate for these growing children to do the same.'
Sometimes the children were deprived of food altogether if they misbehaved and made to stand in the back garden in all weather for hours or force fed with chocolate spread until they were sick, Birmingham Crown Court heard.
In harrowing police interviews the day after Khyra's death, three of the malnourished children described the punishments.
One, known as Child A, said it was like being inside 'a strict mad house. When we didn't do as we were told we had to miss out on food and were made to stand outside. If we were rude at night we'd have to go in the shed. 
'When Khyra stole some bread from the kitchen, Junaid told her, "You've won a prize, you've got a nice treat". He gave her a chocolate jar and told her to eat it all. It made her vomit.'
On other occasions, Khyra was splashed with cold water and made to sleep on the bathroom floor. She became 'like a bone' and 'kept on falling' but 'they'd whack her and she said "ow" ', it was said.
Home tuition Loophole.jpg

Khyra was discovered at the house after Gordon rang 999 to say her daughter's heart had stopped beating. She was pronounced dead in hospital a short time later. The other children were also emaciated but made a good recovery before being housed with foster carers.
Gordon, a Muslim convert who was born in Birmingham to a family of Jamaican descent, married Mr Ishaq in 1995 after the pair were introduced at a mosque in the city only three days earlier.
For 12 years, she was said to be a 'good mother' to Khyra and the other children in her care. But her marriage broke down after she discovered her husband was having an affair and she turned to Abuhamza.
He had left home at 16 and converted to Islam at 18. At around the time he started abusing Khyra in 2007, he changed his name from Samuel Williams.
A psychiatric assessment suggested he was schizophrenic, while Gordon is said to have developed spiralling depression after he moved in, making her 'unable to function effectively as a mother'.


Read more: http://www.dailymail.co.uk/news/article-1253697/Khyra-Ishaq-Mother-Angela-Gordon-guilty-starving-daughter-death.html#ixzz0gbBv7c1g

Khyra Ishaq: Mother Angela Gordon guilty of starving daughter to death | Mail Online

Khyra Ishaq: Mother Angela Gordon guilty of starving daughter to death | Mail Online

I accuse !

Those who were responsible for the safety of this child,

and the parents,

and the prosecutors who allowed her mother to cop a plea of diminished responsibillity.

Thursday, 25 February 2010

Unpaid bet on bare knuckle boxing sparked battle between rival factions - The Irish Times - Thu, Feb 25, 2010

Unpaid bet on bare knuckle boxing sparked battle between rival factions - The Irish Times - Thu, Feb 25, 2010:

"THE PITCHED battle between rival Traveller factions witnessed on a local authority housing estate in Mullingar, Co Westmeath, arose because a bet on a bare knuckle boxing match went unpaid.

The debt owed by the Nevins to the Dinnegans led to growing tensions between the extended families, both of whom are based in Mullingar. The Dinnegans called in the Quinn-McDonaghs from Finglas, Dublin, for back-up.

The opposing factions gathered in two groups on the afternoon of July 29th, 2008, on the Dalton Park estate, where many of the opposing Dinnegan and Nevin families reside."


Travellers involved in riot receive suspended sentences - The Irish Times - Thu, Feb 25, 2010

Travellers involved in riot receive suspended sentences - The Irish Times - Thu, Feb 25, 2010:

"Judge Anthony Kennedy was told at a sitting of Mullingar Circuit Court, sitting in Tullamore, Co Offaly, that the riot was sparked because a member of the Nevin family had not paid a debt owed to the Dinnegan family.

Members of the extended families live in Mullingar, with many residing on the Dalton Park estate where the riot took place.

The court heard efforts had been made by a Government-appointed mediator to resolve tensions, but these had failed. The families decided to settle the issue with a 30-minute fight using rocks and weapons including swords, baseball bats and pitchforks."

Apology to victims in Kerry feud - The Irish Times - Thu, Feb 25, 2010

Apology to victims in Kerry feud - The Irish Times - Thu, Feb 25, 2010:

"Quilligan (30), of Clonmore Road, Tralee, pleaded guilty to endangerment in that he drove at speed at a car containing members of the Coffey family, ramming it, creating a substantial risk of serious injury or death to Batty Coffey, Michael Coffey and Tony Coffey at James Street, Tralee on June 8th, 2009."

irishtimes.com - Teenager loses damages claim against Wesley disco - Thu, Feb 25, 2010

irishtimes.com - Teenager loses damages claim against Wesley disco - Thu, Feb 25, 2010: "He said both girls looked intoxicated in the First Aid room. Ms Mulvanney had said to Ms O’Higgins: “You bitch. Why did you do that? I told you to stop messing.”"

Classy!

Unpaid bet on bare knuckle boxing sparked battle between rival factions - The Irish Times - Thu, Feb 25, 2010

Unpaid bet on bare knuckle boxing sparked battle between rival factions - The Irish Times - Thu, Feb 25, 2010:

"The violence kicked off after an act of incitement by the leader of the Nevin family, 55-year-old Christy “Ditzy” Nevin.

He came out of a house and walked towards the Dinnegans and McDonaghs. A few words were exchanged before “Ditzy” Nevin dropped his trousers and exposed his buttocks, signalling the start of the ensuing madness."

The frenzied murder of a Catholic boy in Belfast - evil pair found guilty - Local & National, News - Belfasttelegraph.co.uk

The frenzied murder of a Catholic boy in Belfast - evil pair found guilty - Local & National, News - Belfasttelegraph.co.uk

How can this happen?

and are the victim's mother's complaints about the public prosecution service of Northern Ireland justified?

BBC News - Starved Birmingham girl's mother guilty of manslaughter

BBC News - Starved Birmingham girl's mother guilty of manslaughter

OK here's a question, what public good was served by accepting a plea to manslaughter here?

Yes I understand the pressures the Crown prosecutors are under, however this case is not I believe simply as a lone Barrister, one where a plea on this basis should have been accepted and the murder prosecution dropped.

Sorry I don't buy it.

There is a dead seven year old girl who suffered horribly and slowly.

Mother who starved daughter Khyra Ishaq to death cleared of murder - Times Online

I don't accept that this defence or factor to mitigate manslaughter should have been accepted, Depression is not an illness where you cease to understand the nature of your acts or have volition over your own acts or behaviour. The case should have continued and the Jury should have been allowed to give their verdict.


Mother who starved daughter Khyra Ishaq to death cleared of murder - Times Online

Mother who starved daughter Khyra Ishaq to death cleared of murder

Khyra Ishaq

(West Midlands Police/PA)

Khyra Ishaq: held prisoner and starved to death

A mother who starved her seven-year-old daughter to death was cleared of murder today after prosecutors accepted her defence of diminished responsibility.

Angela Gordon, who admitted the manslaughter of Khyra Ishaq two weeks ago, was formally found not guilty of murder by jurors at Birmingham Crown Court on the orders of trial judge Mr Justice Roderick Evans.

The decision by the Crown to accept Gordon’s plea to the lesser charge came in the sixth week of the trial after she admitted five counts of child cruelty and psychiatrists agreed that she was suffering from severe depression when Khyra died in May 2008.

Gordon, 35, and Khyra’s stepfather, 30-year-old Junaid Abuhamza, who also pleaded guilty to manslaughter on the grounds of diminished responsibility, will now be sentenced on Friday next week.

Explaining the decision not to pursue the murder charge against Gordon, Timothy Raggatt QC, for the prosecution, said three psychiatrists had agreed that she was suffering from severe depression in the month before Khyra died at her home in Handsworth, Birmingham.

Mr Raggatt added: "For that reason we cannot resist the defence of diminished responsibility, now raised for the first time. It is extraordinary that it emerges so late (in the trial) but the sole reason for that is the denial... that Angela Gordon has put up around herself for all these months."

Mr Raggatt told the opening of the retrial, which followed an aborted trial held last summer, that Khyra died after being starved by her mother and stepfather during months of "calculated" cruelty.

Khyra eventually succumbed to an infection after being starved "quite deliberately" while being kept prisoner in her own home.

When he opened the case against Gordon and Abuhamza last month, Mr Raggatt warned jurors that aspects of the case would upset and disturb them.

Khyra was so emaciated at the time of her death on May 17, 2008, that her condition was outside the experience of medical professionals.

Abuhamza, who lived with Gordon in the months leading up to the death, also pleaded guilty to five counts of cruelty relating to five other children, who cannot be identified for legal reasons.

The other children, who were also in the defendants’ care, were "similarly starved" and assaulted, the court heard, with two of them found to be in a state of acute, severe and dangerous malnutrition.

BBC News - Starved Birmingham girl's mother guilty of manslaughter

BBC News - Starved Birmingham girl's mother guilty of manslaughter

It's a fierce cop out to accept this plea at this stage, i believe it should have been left to the jury.

Three more 'Irish' named as assassins in Dubai plot - National News, Frontpage - Independent.ie

Three more 'Irish' named as assassins in Dubai plot -
National News, Frontpage - Independent.ie

The law requires proof and certainty, however if another sovereign state has been doing this, what action will there be?

Mountain body murder: Four quizzed - National News, Breaking News - Independent.ie

Mountain body murder: Four quizzed -
National News, Breaking News - Independent.ie

It will be interesting to see what charges will be brought.

Why do Irish Murder trials end up as manslaughter verdicts?

firstly juries do not want to find a person guilty of murder as they mistakenly believe that it is somehow morally worse than manslaughter, and secondly they do not want to see a mandatory life sentence imposed.

They mistakenly believe that a life sentence will not be imposed in a manslaughter case and that a life sentence means life as on TV.

This genuine but mistaken beliefe cause them to be very reluctant to impose a murder verdict.

The Lillis case illustrated this, yet now that a reason for the jurors' decisions or rather the collegiate decision of the jury has to be given or may have to be given depending on irish interpretation of  that recent decision of the ECHR  the case of Taxquet vBelgium the jurys may be less keen to opt for manslaughter in future.

Wednesday, 24 February 2010

Wife attacker has sentenced doubled after intervention from Attorney General - Telegraph

Wife attacker has sentenced doubled after intervention from Attorney General - Telegraph

What about the multitude of cases where there is not an intervention by the Attorney General?

Does a personal intervention of this nature double the sentence?

If it does that is somehow wrong, for all the victims who do not have the AG personally making the case against those who abused them.

Judges' lack of diversity harms court system, report warns | UK news | guardian.co.uk

Judges' lack of diversity harms court system, report warns |
UK news |
guardian.co.uk

Arn't we lucky we don't have to worry about this in Ireland? we simply don't care.

Omagh bomb convicted cleared again - UK & Ireland, Breaking News - Belfasttelegraph.co.uk

Omagh bomb convicted cleared again - UK & Ireland, Breaking News - Belfasttelegraph.co.uk

This case collapsed because the evidence against him was tainted, despite the failure of the prosecution of two Garda officers for perjury, the evidence was still inadmissible and due to the doctrine known colloquially as the fruit of the poisoned tree, the evidence in it's totality was tainted.

Why did they bring a case without the sufficient amount of clean evidence being gathered before?

surely they knew that the original tainted evidence would be inadmissible?

Man jailed over fatal 190kmh car race on rural road - Courts, National News - Independent.ie

Man jailed over fatal 190kmh car race on rural road -
Courts, National News - Independent.ie