Thanks Enda Cunningham, Enda Bolger, Brendan Malone, Joe Leogue and Neil Henderson
Covers to broadsheet@broadsheet.ie
[Sean Fitzpatrick leaving the Circuit Criminal Court this afternoon}
A number of charges against Sean FitzPatrick, former Chairman of Anglo Irish Bank, relating to loans to the Quinn family were dropped today in the High Court.
Judge Martin Nolan ruled that Mr FitzPatrick [who awaits judgement on several other charges] be found not guilty on six counts of illegal lending to the Quinn family. .
As closing arguments in the trial commenced this afternoon, we asked Legal Coffee Drinker what it’s all about
Broadsheet: “Legal Coffee Drinker what’s it all about?”
LCD: “It’s an exercise of the power, inherent in any judge presiding over a jury trial, direct an acquittal by the jury on a charge where they feel, at the end of the prosecution case and before the defence calls evidence, that a prima facie case has not been made out by the prosecution in relation to that charge.”
Broadsheet; “Imagine I am a non Latin speaker with a rudimentary knowledge of the law.”
LCD: “A prima facie case is evidence on which a reasonable jury could conclude that the accused was guilty of the offence charged. The DPP’s own website describes it a ‘admissible, substantial and reliable evidence’.”
Broadsheet: “Thank you. So the judge felt there wasn’t sufficient evidence that Mr FitzPatrick was guilty of the offences in question?”
LCD: “Yes. In particular he felt that there wasn’t a prima facie case that Mr FitzPatrick had knowledge of the Quinn loan, which was something which needed to be shown to prove guilt.”
Broadsheet: “Is a judicial direction to acquit appealable?”
LCD: “No. Section 34 of the Criminal Procedure Act 1967, as amended by section 21 of the Criminal Justice Act 2006, provides that where, on a question of law, a verdict in favour of an accused person is found by direction of the trial judge, the Attorney General or the Director of Public Prosecutions may refer the question of law to the Supreme Court for determination. However Section 34 is without prejudice to a verdict in favour of the accused. That means he remains acquitted, even if the Supreme Court holds the trial judge was wrong in directing an acquittal.”
Broadsheet: “So Sean FitzPatrick is free on those charges?”
LCD: “Yes. [drains coffee] But the trial continues against him on other counts. If the jury feel satisfied beyond reasonable doubt that he is guilty on those counts, he may be convicted. After that, sentencing is a matter for the trial judge. Rumpole’s golden thread provides a good definition of reasonable doubt if you are interested.”
Broadsheet: “Good old Rumpole.”
LCD: “Are we done?’
Broadsheet: “Of course. You sound a bit like ‘She-Who-Must-Be Obeyed’ there” [laughs]
LCD: [pause]
Broadsheet: “Thank you very much Legal Coffee Drinker. A great help as always.”
[call ends]
Closing arguments commence in Anglo trial (RTE)
Thanks Stephen Byrne
(Sam Boal/Photocall ireland)
Say hello to Karl and Nat.
ALSO…
Graphic novelist Alan Nolan writes:
“Just to let you all know that this weekend at the MCM Ireland Comic Con in the RDS [Ballsbridge, Dublin] we [Alan and co-creator Ian Whelan] will be launching a new edition of Sancho — Ireland’s favourite Dublin-based Mexican ex-exorcist-priest-cum-demon-hunter black-horror-comedy comic. Previously shortlisted for two prestigious Eagle awards this marks the return of Sancho to the comic book shelves after an absence of four years!.
ALSO Fintan’s Fifteen, an illustrated novel about the worst U12s hurling team in Ireland (tagline: You’ll laugh, you’ll cry… you’ll hurl) will be available nationwide from April 21 but will also be at our stand at MCM Dublin’s Comic Village for an early bird sneaky peek.”
Previously: Big Bastard’s Back
She’s unable to PAC tomorrow.
*douses burning torch*
Angela Kerins cancels planned PAC appearance, citing ill health (BreakingNews)
(Mark Stedman/Photocall Ireland)
(Mark Stedman/Photocall Ireland)
And feuds.
Lots of feuds.
Journalist and broadcaster Brenda Power appeared on RTE R1’s Liveline this afternoon to discuss the reaction to her column in the Irish Daily Mail yesterday which has been condemned by the Irish Council for Civil Liberties and the Equality Authority for its portrayal of the travelling community.
Joe Duffy: “Were you surprised Brenda, when the Equality Authority – no less, issued a statement yesterday calling your article in ‘The Daily Mail’, shameful and that it should be withdrawn immediately?”
Power: “Was I surprised? No, not at all.
Joe Duffy: “Why not?”
Power: “This was sort of par for the course for the Equality Authority and the Civil Liberty Council for civil liberties – to basically close down any criticism, any discussion, any debate on the lifestyle of Travellers, and specifically with regard to the so-called ‘feuding’ that goes on – at the week end as we saw, which led to John Joe Nevin being put in a wheel chair after he was attacked, and had both his legs broken with a nail-studded bat. No, not all, you know, the crime here appears to be commenting on this kind of savagery – but not actually conducting it. And so, no, that doesn’t surprise me at all.”
Joe Duffy:” You say, ‘Imagine Brian O’Driscoll had been set upon at the week end by a couple of thugs, one wielding a golf-club, the other wielding a wooden bat studded with four inch nails and while one held him down, the other smashed his leg in two places – imagine the injury was so severe that the jagged spear of broken bone was left poking through the broken skin of his leg’. We now know John Joe has two broken legs – but what’s your theory, what’s your thesis there Brenda?”
Power: “The point I was making was that the media, more or less ran shy of calling this what is was and there wasn’t, it seems to me, the same level of outrage of indignation that there would have been had this happened to any other sportsman – and had it been done, carried out by anybody else. And you know you can’t say… and you know since nobody has been charged, although there were a couple of arrests – they were released without charge – so it’s not that the debate has been closed down on this matter, because it’s before the courts – it was closed down for precisely the reasons that it said in my article. As soon as you lift your head above the parapet and say, ‘This Traveller feuding is another word for absolute savage barbarity and has got to be stopped’ you are leaped upon by the Equality Authority and the Irish Council for Civil Liberties.
Could I make another point Joe, it’s interesting that Equality Authority, I didn’t see their statement – I think they said that I was ‘inciting risk’ and they accused me of inciting risk. I would say that if anyone is inciting risk here it’s them. They’ve singled me out to be targeted by a group of people who are not exactly known for settling their disagreements with debate. They settle their disagreements with machetes and slash-hooks.”
Joe Duffy: “Who settles their disagreements with machetes and slash-hooks?”
Power:“The ‘Feuding Travellers’, the people that I am specifically targeting in my article.”
Duffy: “Yeah, but who would you say is specifically targeting you?”
Power: “Well, I mean, I’m saying that the Equality Authority, by singling out my article saying you’re not allowed to say this, that this is outrageous.”
Duffy:“Do you believe Brenda, that the Equality Authority has put you in personal danger?”
Power: “Yeah, I think so – yeah, I’d say they had. And but I mean, my rights really don’t matter here – you know, so long as I’m not allowed to say, to express my opinion. Because that’s what it’s about Joe, it’s about free speech. I’m expressing an opinion, based on an incident. Not only the incident that happened at the weekend, as I mentioned in the piece, not one, but two, two court cases that arose involving Travellers, in the past week. One of course, was one involving Simon McGinley’s savage, barbaric torturing to death of an elderly man in Sligo.
The other was… passed under the radar, more or less – if it hadn’t been for a pretty flippant comment made by the judge about the two women involved who had taken up knitting. That was a situation, just to remind you, because you don’t really get much coverage of the trravellers feuds.
A group of men had turned up in the playground of a school yard as children were being collected after school. They set upon each other with machetes and slash-hooks, including, by the way, a 13-year-old boy whom some adult had armed with a slash-hook – one man ran into a classroom, barricaded himself in with a 5-year-old and their teacher. And you know this just kind of passed under the radar because it was a ‘Traveller Feud’. And these women got suspended sentences for their involvement in this case.
So, I mean, as far as I’m concerned, that child, that 13-year-old with the machete, his civil liberties have been compromised, why is he not in care,? Why are the people who gave him that instrument not behind bars? We wring or hands about the child soldiers in Sierra Leone and the Central African republics and Rwanda 20 years ago, here are children being given machetes by adults in this country – and you’re not allowed to criticise it, you’re not allowed to raise your voice against it, or the Equality Authority or the Council for Civil Liberties and PAVEE Point telling you you’re going to be incited for hatred, Joe, that’s absurd.”
Listen in full here
Previously Truth To Power
‘Irish Daily Mail’ column on Travellers criticised by Equality Authority (Harry McGee, Irish Times)
Scenes from day two of President Higgins’ State visit to the UK
From top: with Professor John Pethica (right) ‘ Physical Secretary’ of the Royal Society, and Joseph Roche of the Science Gallery Ireland demonstrating quantum locking at The Royal Society; At University College London Hospital with 95-year-old Mary Talbot, who moved to London from Ballinasloe, Co Galway in 1938, her daughter Philomena is to her left; with Pauline Conway, a staff nurse at UCH from Co Wicklow; with David Cameron in Downing Street; with Boris Johnson, Mayor of London; with Sabina Higgins on the River Thames at Tower Bridge; arriving at the Guildhall Banquet hosted by Alderman Fiona Woolf, Lord Mayor of London.
More to follow
(Photocall ireland/Aras)
Meanwhile…
Outside Buckingham Palace today.
Thanks Andrew Gibbons
See what they did there?
Neil writes:
“Passive-aggressive (mostly aggressive) warning to cyclists on a coach on Nassau St, Dublin. today.”
Part of a short interview, filmed in 2010 wherein the German director Werner Herzog (who took part in an ‘ask me anything’ session last month on Reddit) talks about his strong dislike of chickens. In the book Herzog on Herzog (2003) he described them thus:
Look into the eyes of a chicken and you will see real stupidity. It is a kind of bottomless stupidity, a fiendish stupidity. They are the most horrifying, cannibalistic and nightmarish creatures in the world.
And then there’s this hypnotised dancing chicken scene from Herzog’s 1977 film Stroszek.
It’d make you think though. Unless you were a chicken. In which case it wouldn’t at all.
A blast from the past. pic.twitter.com/5iaorvmkgH
— Gerry Adams (@GerryAdamsSF) April 9, 2014
And here‘s another one.