98 thoughts on “Judge Of The Day

    1. ABM

      And so it shows that the Great Secular Ireland Project is as bad as 20th century Ireland ever was. 50 years ago, suicide, crime and fornication levels were just a fraction of today’s crime figures.

        1. ABM

          Paul Carney. Sr Nora Wall.

          Anti-catholics haven’t proven themselves to be the best decision-makers, have they?

          Oh that’s right, the lefty liberal media don’t like to be reminded of that particular era of Irish journalism, do they?

      1. Swift

        Or more accurately, the number of suicides and violent crimes which were reported to the authorities 50 years ago was a fraction of those which are reported today. This does not mean such crimes are actually occurring with more frequency today.

          1. Niamh

            Actually they weren’t even a fraction. Read Diarmuid Ferriter’s “Occasions of Sin”, which include an account, gleaned from the state’s archives, of sex crimes reported throughout the nineteenth and twentieth centuries (those that made it to court, that is). Weekly rape, assault, infanticide and abuse cases in pretty much every county. I don’t know how it compares today, but it was, I suspect, at least as bad. The pure Ireland thing was a myth – or rather a reactionary assault on the truth.

      2. cyclecrunk

        lol, “fornication”. I bet you’d be an absolute hoot at a dinner party. If you had friends that is.

  1. martco

    WTF?!?!

    hopefully Charles Bronson turns up some evening to deal with this scum because people like Paul Carney clearly can’t or won’t

    1. Dee

      Just read that report.

      He followed her for over ten minutes at nine in the night and slapped her for” a thrill”. Thats terrifying. The slap is not actually the worst part, knowing someone is following you at night is.

      1. Rob

        Yeah, but it’s hardly in the same league as rape. Let alone a parent raping their own child – for a decade.

    2. Zynks

      In fairness, neither went to jail.

      Still, it is outrageous that a serial rapist father can be released on bail.

    3. sinabhfuil

      Have to say I thought that was a crazy sentence, especially considering that women who have had teeth broken by violent husbands can’t get barring orders.

      1. Niamh

        It’s a good sentence – the problem is that they don’t all follow that logic. There is absolutely nothing normal, natural, or inevitable about that behaviour, the only reason anyone would follow, intimidate, and hit a stranger in a vulnerable position – however ‘playfully’ – is to frighten them. It’s an aggressive statement of power designed to humiliate. If more people got 8 months for ‘playfully’ assaulting others in nightclubs etc. maybe we would finally start taking the fact that we think this sh*t is inevitable seriously. As for domestic abuse – they should get years. The whole sentencing system is insane. It reflects nothing more than to what degree the particular judge empathizes with the perpetrator. This particular judge felt that a rapist’s health problems were more worthy of sympathy than a woman subjected to a childhood of abuse.

  2. Cranky Notions

    What do you expect from Paul Carney?

    As a Senior Counsel he once had a consultation with a client the same day he was slated to defend a rapist in court. The case was thrown out.

    He also wrote a pompous letter to the courts service claiming he would not sit on any cases unless they fixed his heating.

    1. Evil_g

      “As a Senior Counsel he once had a consultation with a client the same day he was slated to defend a rapist in court. The case was thrown out.”

      This makes no sense.

        1. Alberto LuLu

          I’m interested in this, could you provide a link? Had a look on google and can’t find this.

  3. AMDG

    This sentence was based on considered facts – not populist opinion. The emotional sobbing of a grief stricken woman may well pull on heartstrings but is not adequate basis for sentencing. Justice has been done.

    1. Tommy

      Have you actually ready anything. He explains his reasoning. The full details of the case are unknown to us. He is following the law like he should be doing and not going off on a complete solo run.

      “The judge referred to another case where the Court of Criminal Appeal suspended in total moderate sentences imposed because of the state of health of the convicted individual.

      He sentenced O’Brien to 12 years in prison, suspended the final nine and immediately granted him continuing bail pending an appeal.”

      1. SOMK

        Joeseph McColgan raped four of his children for the duration of their childhood, he was sentenced to 238 years (longest in the history of the state) but because he pleased guilty the sentence was given co-currently, so he was out after 9 years. In effect by saving a few months of the court’s time in pleading guilty this negated the fact he raped and beat four children throughout their childhood, but I suppose the judge in this case was following the letter of the law too?

        The law is a c***

        1. Rob

          Hey hey! We have to unquestioningly obey all laws and accept how the law is handled no matter what! What happens if people are allowed to use their own moral compass to decide right and wrong? That’s right – anarchy!

      1. Continuity Jay-Z

        Woah, you knob, the DIT is a great college. The bang of Trinity Young Fine Gael is strong off this one.

    2. John

      AMDG is not to be taken seriously. He is a very obvious troll who wishes he had a Trinity education but clearly does not and is transferring his bitterness through an alter-ego.

      Or should that be an Altar ego.

      1. Tommy

        He seems to be one of the few that is capable of engaging in any kind of thought process beyond the usual moral outrage. The sign of a good education.

        1. Jimmy the Tar Man

          Hi Tommy, I parked all my moral outrage at the door and thought long and hard about this unfortunate situation and came to the conclusion it is an almighty disgrace. The judge has some seriuos questions to answer. I feel so bad for the poor victim.

        1. AMDG

          I stuck to boot into DIT/DBS grads in another dicsussion so it was assumed, incorrectly might I add, that I am a Trinity graduate.

    3. Kolmo

      Hey Blueboy – quit being a 14 year old schoolyard thug for a second and consider the full case and not just the unfortunate judgement headline.
      @Amdg – insulting someone because you went to trinity makes you a di*k.

      1. Art

        That will be decided by the Court of Criminal Appeal. The judge is not going to pre-determine the issue.

  4. Kurt Fahrt

    Absolutely stomach churning. He abused a child DAILY for years and is allowed walk free.

    I hope there’s some help out there for the daughter, after all she’s been through with both the abuse, going through the court case and being let down so badly by the justice system, she’s going to need a lot of support.

  5. Sheila

    I cannot stop thinking about this for the last few minutes.

    I am feeling slightly ill.

    Sickening result for the daughter.

  6. Trueblue

    Read the reasons why he was granted bail before jumping to conclusions and going to mob mentality

    1. Jolly

      I actually don’t understand the reasons. I read the whole thing and it makes no sense to me. Care to explain why you think it makes sense?

    2. Niamh

      He has a health problem which, according to the report, could be monitored and accommodated in prison. There is no real reason for him to go free except for the fact that Judge Carney thinks it’s crueler to jail a sick man (who will be cared for – this man would be legally entitled to the same level of health care he would get on the outside) than to make an example of a man who rapes his own child for years, and give the woman brave enough to go public about it the justice she deserves. This is a man incapable of empathizing with a rape victim. His empathy lies with the man instead. Sexual abuse is one of the worst possible crimes a person can commit. That you would suggest an understanding of this fact is ‘mob mentality’ shows that you, too, have apparently replaced empathy with a pompous and abstract interpretation of justice. There is no justification for bail in a case like this – none at all – unless you think that a child’s right to be spared sexual violation is arbitrary.

    1. cluster

      F*** off ProvingGround. You read of a funny decision by an independent judge and it adds to your hatred of the country.

      Could you point me to a single country without any eccentric to mid-boggling ridiculous examples of judicial decisions?

  7. Clampers Outside!

    He’s one of them fools who says things like ‘law for life, justice in the afterlife’…. is he?

    If he is, he’s a t**t!

    Stupid judge, does something stupid, whatever next…. Just because you are a judge, does not suggest in any way whatsoever that you are intelligent. History will tell anyone that.

  8. Nessy

    This is disgusting. Whether the man is gravely ill or just plain old is irrelevant, he has destroyed his daughter’s life and should be sentenced appropriately! He should spend his last moments rotting in hell for what he did

  9. Art

    He pleaded guilty but is appealing the severity of sentence (and there may be a cross-appeal for undue leniency). The bail was granted because of the atrocious delays in the judicial system (the Court of Criminal Appeal in particular) which are largely because of chronic cut-backs in services inflicted by a government who were democratically elected. Carney J had no other way to highlight the issue. You want to blame someone? Blame the Irish public.

    1. Senormorales

      So hang on, Carney is using this case to make some kind of stand against the government to highlight problems in the justice system??!! If that is true it’s even more shocking than I first thought.

      1. Art

        If you can think of any other way to get the politicians to take notice of the problem then I would love to hear it. They will only care when they might lose votes. I know it is terrible that the situation has gotten so bad that this has happened, but I am afraid it has. I think it is wrong to blame a judge who wants to be part of an effective and efficient judiciary.

          1. Art

            It would be a publicity stunt if he thought it would be popular. He knew it would be hated, but the case highlights a serious problem that goes much further than the judge people are so quick to criticize. Should we not be praising a judge for making a very unpopular decision to highlight the gross systemic failures of the judicial system? If we had populist judges we would all be screwed.

        1. Ellie

          Art, this was a rape case. A severe and devastating rape case with a victim denied justice.

          If what you are saying is true, you think we should applaud a judge who puts the ‘big picture’ of financial hindrances in the system ahead of judging a case like this on its own facts. Hell no. That’s callous, barbaric, and a fundamental betrayal of his duty.

    1. Art

      He is not appealing the conviction. He is appealing the severity of sentence. There is likely to be a cross-appeal from the DPP for undue leniency.

    1. Art

      He is generally sensible but judges do snap every now and then. He just snapped. In fairness, since the is a potential delay of over 2 years in getting an appeal heard it is probably fair. if someone is sentenced to a year and a half and they appeal the sentence but there is no hope of getting the appeal on before they are released you cannot say that there is an effective appeals system.

        1. Art

          I don’t know the facts of the case itself as I wasn’t in court, but as a point of sentencing principle the sentence is the entire sentence (12 years) and portions are suspended taking into account the various mitigating factors (none of which have been reported that I can see). So he was sentenced to 12 years and had the final 9 suspended. Those 9 can be activated for many reasons, but the main reason for a reactivation is reoffending. So please note that the judge remarked on how hard it was to decide on the sentence.

          Let us not pretend that the man is free. He has been bailed pending appeal of his sentence and upon the completion of that appeal (and depending on what the CCA decide) he will serve some or maybe all of that 12 years. Just because he is not in prison right now does not mean he is a free man.

          As a general note, people need to learn a bit more about the process, both in theory and in practice, before jumping to the simplistic bugle-bleat of the press.

          1. Ki

            So you think three years in prison is an adequate sentence for someone who raped a child regularly over ten years, do you?

  10. Barry

    This is an utter disgrace. People need to remember this woman was raped on a weekly basis for ten years starting from the age of 8. This country really needs to wake up and look after it’s children, women and men.

  11. lisa

    Look everyone, the judge was right. That poor old man only abused his daughter every day of her childhood.

    I’m just relieved our justice system sent that b**stard garlic importing guy to prison. It’s garlic importers should be off our streets not child rapists.

    1. Mr M

      Yeah, what a criminal, garlic man was. The jails are supposed to be over run with paedos and mrdurers but instead of a hefty fine the judge decised to give bed & board to garlic man and the tax payers pays for it. No one is happy with that one!! Neither the taxpayer or garlicman just give him a big fine and a chance to pay it at least he will be contributing not costing!!!!!

      1. cluster

        Both should be punished. Tax evaders have to know there is a chance of imprisonment or else they can just make a business decision to evade tax and then pay it back if they get caught,

  12. Alberto LuLu

    He is the most experienced criminal law judge we have. I didn’t sit through the entire case, listen to both prosecution and defence and have sight of the medical reports provided on behalf of the accused. Maybe what Carney J did was correct.

  13. BB

    1. He didn’t walk free. He has been remanded on continuing bail.

    2. Judge Carney’s hands are tied by sentencing provisions determined by the Legislature. It’s Minister Shatters continuing failure to implement reforms where they are needed instead of chasing his own personal goals.

  14. Pretty fly for a white guy

    There is something seriously wrong with the judiciary in this county. This clown passes a sentence he knows will be appealed by the DPP so releases your man on bail. This guy should be hung by the neck until dead.

  15. Meathian

    I think we should all take a moment and remember our own childhoods, and then remember that that poor woman got up every morning knowing she was going to be raped, and that every night she knew the same thing was going to happen the next day. By her own father. Someone who was supposed to love her and protect her from harm. What has been done to that woman, to that child, is horrific beyond belief. I’m not a lawyer. I’m not a judge. But how, HOW can this be justice?

  16. dman

    That poor women, how she must feel, firstly being abused by her perent and now by the state!! A very sad day
    Shameful!!

  17. DOH

    Surely the judge did not need to let him out on bail pending an appeal against the sentence? This is the bit that I truly do not understand.

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