Abbylara Tribunal

[purple]

I heard on the radio last night that there was a heated exchange during summing up between the lawyers for the Gardai and justice Barr about his conduct during the tribunal. I now read in the Irish Times that the lawyers for the Gardai will not return for the final day of the hearing.
I have to declare my bias here; I don't like the idea of public tribunals where you can be held liable for your expenses for refusing to incriminate yourself and can only have your good name dragged through the mud. For me it's a bit to close to 1950's McCarthyism.
My issue here is that the Judge is allowed to take a partisan approach but can effectively refuse the right to reply to those he or she has accused.
It's a case of "it's my game so I'll make up the rules".
That doesn't seem right to me...

 

[daltonr]

I agree with you general comment about tribunals.

I am getting tired of every single issue that arises being met with calls for a "Full Public Enquiry". That very phrase means that the public have lost complete confidence in the State, and in Law Enforcement. And it's not an Irish Phenomenon, the same phrase is regularly heard in the UK.

This one is a particularly serious one. I've no doubt that the deliberations will be fair to everyone, the danger now is that even if it is fair, those concerned will always be able to claim that there was some bias.

-Rd

 

[maranello]

Abbeylara

What worries me about this Tribunal is not so much the behaviour of the presiding Judge but the manner in which the Gardai's counsel seems to be trying to build a case that the Judge is not impartial. As Daltonr said there is now a danger that if the Gardai are criticised in the report they will be able to say "well it wasn't fairly conducted so we don't accept the findings".

 

[Guggie]

Re.Abbeylara Tribunal

Isn`t this the second time the Garda Rep attacked the judge?Think it happened some time ago.
Sounds a bit like "I don`t recognise the court".
I don`t see how answering questions with total truthfulness and honesty can ruin your good name.
Nor do I think its acceptable for Gardai to have a code of "Omerta".They`re are not the Mafia.

 

[purple]

I'm not defending the conduct of council for the Gardai, I agree that they are setting th ground for their defense when the tribunal reports.
My issue here is that in a court the Judges function is to make sure proceedings are within the law and that due process is observed during an investigation and trial. He or she must be blind to the emotions and personalities in the case.
In tribunals it seems to be acceptable for the Judge to act in a confrontational way toward witnesses and the witness has no recourse to a neutral third party if they feel that they are not being fairly treated, since this function is normally fulfilled be the judge.
It's not about this case in particular but I do believe that everyone is entitled to their good name and whether a person's good name is upheld or pulled down, which used to be established by a "guilty" or "not guilty" verdict in a court of law, is now determined by how the media choose to cover proceedings.
To me that's not good enough, be the person a senior council, a hospital consultant, a TD or a builder.

 

[Guggie]

Yes Purple, but even in a court case, the media will report eg. Beverly Cooper Flynn libel case.
Tribunals seem to be a substitute for the organs of state that that do not function properly.eg.Gardai, various regularitry bodies. Most of these cases involve criminal activity.Some of them have been cleared in inept Garda investigations.Inept when you consider the volume of evidence that comes out in the tribunals.
In the Abbylara case and others (Kerry babies case!!), the impression given is of a system that will do anything to protect its own interests in an arrogant and brazen fashion.