An occasional commentary on some aspects of criminal law in Ireland.
Sunday, 28 February 2010
Black widow's white wedding - Sunday Life - Belfasttelegraph.co.uk
Former top cop accused of frail widow's murder - Sunday Life - Belfasttelegraph.co.uk
Saturday, 27 February 2010
Man avoids jail over sex conviction | Irish Examiner
irishtimes.com - Man jailed for 'horrific' rape and assault - Sat, Feb 27, 2010
irishtimes.com - Woman was trying to 'get' son of man she killed with car - Sat, Feb 27, 2010
irishtimes.com - Inquest into man found dead in custody adjourned - Sat, Feb 27, 2010
irishtimes.com - Court suspends 2 years of term for manslaughter - Sat, Feb 27, 2010
Friday, 26 February 2010
Minister: Broe case in U.S. is grotesque - Politiken.dk
nrc.nl - International - Features - Child sex abuse in Dutch Catholic Church revealed
irishtimes.com - NI couple jailed over �4.6m tax scam - Fri, Feb 26, 2010
irishtimes.com - Colclough has jail sentence reduced - Fri, Feb 26, 2010
irishtimes.com - Man jailed for 14 years for rape - Fri, Feb 26, 2010
Omagh families give up hope of any convictions after acquittal - National News, Frontpage - Independent.ie
National News, Frontpage - Independent.ie
Crime soared alongside economy in boom years - National News, Frontpage - Independent.ie
National News, Frontpage - Independent.ie
Focus on motivation in assisted suicides code | Irish Examiner
Low rate of crimes resulting in prosecution | Irish Examiner
Drop of 64% in offence rate by youths in scheme | Irish Examiner
irishtimes.com - Lynch rails over failure to prosecute Michael Neary - Fri, Feb 26, 2010
irishtimes.com - 'Reasonable' force used on man in Garda custody - 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
- 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.
Scroll down to watch video reports
A fridge bulging with food, but emaciated Khyra had to scavenge for crumbs on the bird table
TIMELINE: HOW KHYRA WAS ALLOWED TO DIE
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
Thursday, 25 February 2010
Unpaid bet on bare knuckle boxing sparked battle between rival factions - The Irish Times - Thu, Feb 25, 2010
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
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
irishtimes.com - Teenager loses damages claim against Wesley disco - Thu, Feb 25, 2010
Unpaid bet on bare knuckle boxing sparked battle between rival factions - The Irish Times - Thu, Feb 25, 2010
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
BBC News - Starved Birmingham girl's mother guilty of manslaughter
Mother who starved daughter Khyra Ishaq to death cleared of murder - Times Online
Mother who starved daughter Khyra Ishaq to death cleared of murder
(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.
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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
Three more 'Irish' named as assassins in Dubai plot - National News, Frontpage - Independent.ie
National News, Frontpage - Independent.ie
Mountain body murder: Four quizzed - National News, Breaking News - Independent.ie
National News, Breaking News - Independent.ie
Why do Irish Murder trials end up as manslaughter verdicts?
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 v. Belgium the jurys may be less keen to opt for manslaughter in future.