Has Ireland really moved on from the Kerry babies - legal system re women

Bronte

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Sometimes having lived through events in Ireland that makes one as a women wonder what kind of world it is and whether we really have moved on in attitudes to women when one sees the treatment of a women (alleged rape by 3) in the highest courts in the land, it really would make one seriously question if there is justice for women and whether the actual rape or the court treatment is worse. No sane mother, and parents of girls would ever be willing to bring a perpetrator to justice.
 
While I agree with your general point, there is something weird about this case
 
You have to wonder if anyone under any other victim status would have received the same treatment. I get the feeling the Gardai were very reluctant to obey the orders.

However, heinous though her treatment was, in general how do you go about making a rape trial less of an ordeal?

It's a serious accusation with rightful lide long implications for the accused if found guilty. However, given the severity of the implications, as with all crimes the case must be proven beyond a reasonable doubt and as an accused you have the right to put forward a robust defence.

Naturally there are some defences that are just wrong and playing on old prejudices (the womans dress or attire, her sexual history etc) none of which can even come close to excusing a sexual crime. But due to the severity of the crime and punishment, there has to be a robust process to prove guilt and I'm at a loss as to how to make the trial less of an ordeal without watering down the equally important rights of the accused.
 
Bloody hell.... Just read the report in the Telegraph.

Seems like a crazy situation. The justice system in Ireland doesnt seem to take account of the feeling of someone giving evidence in a rape trial.
 
Just read the report from yesterday's Sindo. Shameful stuff really. If you read that report without knowing it was Ireland you'd think it was Iran or Afghanistan.
 
And for fear of the repercussions one does not have freedom of speech to talk about the Judge, who has form.

Why has this story not been picked up by the media, why on earth was it not front page news. Does the women not matter, just another foreign national of no consequence. Bit like the Roma girl picked off the streets and gang raped by animals before being shot dead. And her parents who only last week travelled by bus to collect her poor wretched body. Some people have a very perverse attitude to women.

Where is RTE and Newstalk and the Irish Times on this? I suppose septic tanks are more important, they cost money.
 
During the trial the eastern European woman was made stand directly in front of the three accused and identify each one, a highly unusual practice.

How do people normally identify someone in court?

So the barrister asks are you sure it was my client?

What does the person who make the report and got them charged do? I would think they have to confirm it in court.
 
However, heinous though her treatment was, in general how do you go about making a rape trial less of an ordeal?
It's a serious accusation with rightful life long implications for the accused if found guilty. However, given the severity of the implications, as with all crimes the case must be proven beyond a reasonable doubt and as an accused you have the right to put forward a robust defence.
.....due to the severity of the crime and punishment, there has to be a robust process to prove guilt and I'm at a loss as to how to make the trial less of an ordeal without watering down the equally important rights of the accused.

I would agree with this. She is accusing someone of a serious crime. The accused have as much right to a strong defence as the victim has to a strong prosecution case.

I wouldn’t describe her treatment as “Heinous”; I realise it is an extremely difficult situation but she has made an accusation and it must be questioned in a court so the jury can decide whether or not it is an actual account of the supposed events. She made an accusation and was required to give her evidence. The trial judge had to issue a warrant for her arrest.

If we cast aside the nature of innocent until proven guilty what sort of society would we revert to.

Why has this story not been picked up by the media, why on earth was it not front page news.

It is in every paper that I have read and is listed on most major news websites I have visited. What more do you want?

Does the women not matter, just another foreign national of no consequence.

Of course it matters, that is why the DPP and An Gardai Siochana have taken the time to investigate the matter and the matter is now being dealt with in the Courts. What should they do hang the accused and decide after if they were guilty?

Bit like the Roma girl picked off the streets and gang raped by animals before being shot dead. And her parents who only last week travelled by bus to collect her poor wretched body.

This is nothing like the story you have noted. You’ve just thrown it in the mix because it is a foreign national and with a violent story. The details of each are very, very, different.

Some people have a very perverse attitude to women.

This is borderline hysterics. Some people think that an accusation needs to be thoroughly proven before a punishment is handed down. The story below highlights why.

http://www.independent.ie/national-news/courts/woman-made-up-story-of-being-raped-in-a-taxi-3016523.html

Where is RTE and Newstalk and the Irish Times on this? I suppose septic tanks are more important, they cost money.

So we put a hold on every other news story until this trial is concluded? It has gone to trial stage and is well reported in the news.
I am of the opinion that the case being investigated and the accused on trial is far more important than it being in the media.
Septic tanks are an issue that is newsworthy. The world keeps turning irrespective of accusations/crimes/trials
 
I would agree with this. She is accusing someone of a serious crime. The accused have as much right to a strong defence as the victim has to a strong prosecution case.

Forget about this case for a minute, and I don't know if you are a man or a woman but it would be some women who would be able to physically stand right in front of 3 men who had raped one, particuarly if one were in fear for whatever reason of what they might do outside court.

The alleged rape of the idiotic teenager is so far from this alleged case of rape I don't know why you linked it. My point is about how law is enforced and applied, how the stastics for conviction never mind prosecution of rape in Irealnd are amongs the world's worst and it is no wonder that no sane women would dare go into court where all kinds of unnecessary information of a salubrious nature are brought into it, right down to what one wears.
We had a case not so long ago where in a women in her own home was raped by a stranger and he got a suspended sentence, what message does that send to women and to society and to rapists in particular.

Please don't get me wrong on men versus women. Men who are raped won't go to court for other reasons other those which apply to women, it's maybe even more shameful for them. And most of the clerical abuse was directed at boys.
 
it really would make one seriously question if there is justice for women and whether the actual rape or the court treatment is worse. No sane mother, and parents of girls would ever be willing to bring a perpetrator to justice.

That sentance makes appsolutely no sense.

Forget about this case for a minute, and I don't know if you are a man or a woman .

That is irrelevant.

but it would be some women who would be able to physically stand right in front of 3 men who had raped one, particuarly if one were in fear for whatever reason of what they might do outside court .

It’s a difficult task I agree, but what do you suggest? Those accused have the right to as vigorous defence as the alleged victim has to a prosecution team. The victims testimony and allegations must be witnessed by the jury to reach a fair verdict. Why should the accused be treated differently? It also difficult to be accused of such crimes yet the accused must also testify and stand before the Jury/Judge/Public.

The alleged rape of the idiotic teenager is so far from this alleged case of rape I don't know why you linked it.

It is very relative to this case. You have automatically assumed that the woman in the first case is a victim. With regard to the second case; had An Garda Siochana not asked difficult questions and thoroughly investigated the accusations, it may also be before the court. The alleged victim in that case would’ve had to stand and detail her accounts of the alleged rape. As I said; an accusation needs to be thoroughly proven and examined against the defence of the accused before any finding is made.

We now know it was a false accusation, but had it gone to court, the accused would’ve been irrevocably wronged. Accusations alone of crimes such as rape, can destroy a reputation/ career/ families. Yet you suggest the alleged victim should be treated with kid gloves until the outcome has been reached.

My point is about how law is enforced and applied, how the stastics for conviction never mind prosecution of rape in Irealnd are amongs the world's worst .

I have heard this many times - does anyone have a link to the statistics?

and it is no wonder that no sane women would dare go into court where all kinds of unnecessary information of a salubrious nature are brought into it, right down to what one wears.

What one wears is very much a part of a prosecution/defence. Again you are implying that women should be treated differently when they are the accuser is such trials. Would you want such details of an accused attacker being kept from the jury?

The Yorkshire Ripper was found to be wearing an adapted woollen jumper that made it easier for him to commit his crimes and get away quicker – Would you deem that irrelevant?

We had a case not so long ago where in a women in her own home was raped by a stranger and he got a suspended sentence, what message does that send to women and to society and to rapists in particular.

I remember that case very well. If I recall correctly the woman saw the guilty party on the train back down to Clare? This is to do with the sentencing of a guilty party – completely different to the first case you based this thread on.

Please don't get me wrong on men versus women. Men who are raped won't go to court for other reasons other those which apply to women, it's maybe even more shameful for them. And most of the clerical abuse was directed at boys.

This isn’t about men or women. You have made it sound like women are being victimised. Both men and women must go through the same procedures to validate accusations made.

It may be difficult but why should a the plaintiff be given preferential treatment over the defendent?
 
I strongly suspect that the circumstances reported by the BT are not a true refection of what really happened. You have to remember that in Ireland, these cases are held 'in camera', so there are no members of the media or public allowed in the courtroom. Therefore the reporter was reliant on 2nd or 3rd hand accounts given by third parties whothemselves were not present, assuming the woman herself and her lawyers didnt talk to reporters (as they are forbidden under court rules for in camera cases).

The thing that stands out most about it is the allegation that the woman was made stand on front of 'the dock' and identify the men. Docks are a feature of UK courts. They are not used in jury courtrooms in Ireland - the accussed sits in a reserved seating area that looks like any other seat in the courtroom (they do exist in non-jury courts e.g. district courts). Dont know which courtroom Judge Carney was sitting in for this case, but he usually sits in Court 6 of the Criminal Courts of Justice which has no dock installed in it as its only used for jury trials. If someone is asked to identify a person in court, it would have happened while they are in the witness box adjacent to the Judges bench and they would have be asked something along the lines of 'is the person in the courtroom today.............can you say where they are seated..." There would be no question of someone going down into the body of the court and picking out someone.

The other thing that seems strange is that in rape cases, if the accused is not up to appearing in court, they can give evidence by camera from a remote room and watch the proceedings from this room - they do not need to be in the same courtroom as the accussed.

I very strongly suspect that there are facts and circumstances about this case that none of us, including the reporters know and that the story source is very biased.
 
if the accused is not up to appearing in court, they can give evidence by camera from a remote room and watch the proceedings from this room - they do not need to be in the same courtroom as the accussed.

But wouldn't that influence the jury?

Without ever saying it, the jury will see this women is frightened to be in the same room and now they reckon the accused is intimidating and terrifying.

Forget about innocence or guilt and even this case for a second, going to another room and giving evidence from there could be a tactic, she is afraid to be in the same room and the jury will reckon she is frightened.

Just playing devils advocate here
If I were a lawyer/DPP and looking for any advantage to win I think it's something that could be used
 
I strongly suspect that the circumstances reported by the BT are not a true refection of what really happened. You have to remember that in Ireland, these cases are held 'in camera', so there are no members of the media or public allowed in the courtroom. Therefore the reporter was reliant on 2nd or 3rd hand accounts given by third parties whothemselves were not present, assuming the woman herself and her lawyers didnt talk to reporters (as they are forbidden under court rules for in camera cases).

.

How do you know it was held 'in camera'? I thought very few cases are held that way and for very good reason. It is usually seen in family law cases. Not all rape cases are in camera although there might be reporting restrictions as far as I know.
 
Rape trials are held in public. Reporting restrictions may be in place on the media but the public are not excluded except for good reason.
 
How do you know it was held 'in camera'? I thought very few cases are held that way and for very good reason. It is usually seen in family law cases. Not all rape cases are in camera although there might be reporting restrictions as far as I know.

Rape trials are held in public. Reporting restrictions may be in place on the media but the public are not excluded except for good reason.

This is not correct. Rape trials are always 'in camera'.
 
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