Justice Paul Carney
After his own leniency row.
[Justice Paul Carney] ordered that the man be registered as a sex offender and that a victim impact report be prepared for the sentencing hearing on December 1st, next.
…The judge initially remanded the man in custody until that date but agreed to release him on bail after hearing there was no objection from the prosecution….
“The Rape Crisis Centre and the tabloids can go after the Director of Public Prosecutions and not me,” the judge commented…
Judge says DPP responsible for rapist released on bail (Irish Times)
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Why not both?
Ah the DPP’s office……if ever there was an opaque body in need of a good kicking – it’s them!
It confuses me that the judicial establishment aren’t doing anything about this passive aggressive douchebag. Given that his petulant brattish carry-on is damaging the judiciary so much.
He has his fans. He is possibly the finest legal mind in the country in the field of serious violent crime. He is arrogant and petulant, but the judiciary isn’t generally known for the warm and friendly demeanour of its members. He rarely actually effs up, legally speaking. Someone once told me that the only two topics about which he can hold a conversation are blood and semen, and that’s not much of an exaggeration.
Sounds like the Law Library party line…
Perhaps. Maybe I can redress the balance if Broadsheet allow me to do a guest post, “Judges I think are Shit and Why”, a compendium of judicial incompetence in Ireland.
i cannot wait to read that one!
He’s actually no use at parties either. He’ll either drool on you or ignore you until he needs someone to go to the bar at which point he’ll grunt at you.
And if one doesn’t wear their wig in court he’ll pretend he can’t hear you.
I don’t blame him! If you are going to be a serious lawyer, then a dress code that makes you look like a dick, seems like a small price to pay, And may actually build moral fibre.
You don’t give a sh&te anyway
Wait. Doesn’t the DPP just decide if the case goes forward? Isn’t it the judges job to decide if the guy poses a threat to public safety and therefore should be remanded? Does he not know his job?
Are Irish judges unable to exercise their own judgment when deciding on bail, regardless of whether the DPP has objected to bail.
The tenor of the Judge’s comments is that he does have reservations or concerns about releasing the individual out on bail. Can’t the Judge act on that without waiting for guidance or position from the DPP?
Not exactly. This is pre trial. If the state doesn’t request he be held on remand then the judge’s hands are tied. Remember, this man is innocent until proven guilty by a jury in open court, at which time the trial judge sentences him.
Correction: he plead guilty. Ignore above.
“The Rape Crisis Centre and the tabloids can go after the Director of Public Prosecutions and Broadsheet.ie can go after me,” the judge commented…
Until anyone can establish who has the power ( does it have to be done on the recommendation of the DDP)to remand a criminal then really anymore comments are just uninformed!
Being uninformed doesn’t stop us you know
Gotcha Don, it is true it is hard to drum up a mob if all the facts are known. Ah well get yer funk on Broadsheet, you go girl.
*snaps fingers, jerks knees*
Bail. The purpose of it is to grant a degree of liberty to an accused person, before the next hearing at court, instead of imprisoning them.
The *default* position is ‘you have bail’ unless the state objects to it. At which point the Judge has to hear the State give their reasons for objecting. The judge hears them, weighs them against the default position and then decides whether to grant bail or not.
If, in an instance such as this, the judge had said (internally) ‘well you’ve bail by default, and nobody’s objecting but I THINK you won’t turn up to the next date so I’ll lock you up’ there’s unlawful detention there.
If the prosecution had objected, it’s unlikely that the accused would be out and about; because they didn’t, he had to get out.
But in this case, the bail is being granted after the person was convicted of the crime (if you read the article you will see that he pleaded guilty to the charge). Therefore, the power lies with the judge.
That’s true, Nige. I could be on shaky ground here, but again, custody *before* you start your sentencing is only a device used to ensure your attendance at court. So if the Judge decides on December 1st that this bloke is to go inside for a few years, well and good; he doesn’t get credit for time served. It could be that he’s paid a significant bail bond, and has appeared for every court sitting and it’s on that basis that the prosecution didn’t object to bail.
It’s *odd* that they didn’t, of course, given the severity of the charge, but the chances are that the passport is handed in and fleeing is out of the question…
Was the rapist from a ‘good family’ ?
@Phil…oh you cynic!
So thats what santa looks like without the beard…
I’d say he’s great craic, a somewhat constipated look about him.