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Dublin: 15 °C Sunday 19 May, 2013

Fiona Doyle case has ‘filled the nation with revulsion’ – Taoiseach

The release on bail, pending an appeal, of an elderly man who repeatedly raped his daughter when she was younger was raised at Leaders’ Questions.

Taoiseach Enda Kenny and Transport Minister Leo Varadkar in the Dáil today
Taoiseach Enda Kenny and Transport Minister Leo Varadkar in the Dáil today
Image: Screengrab

TAOISEACH ENDA KENNY has said that the case of Fiona Doyle, who was repeatedly raped by her father over a ten year period, has “filled the nation with revulsion”.

He was speaking during Leaders’ Questions today when the case was raised following the release of Doyle’s father Patrick, 72, on bail pending an appeal after he had nine of his 12 year sentence suspended at the Central Criminal Court yesterday.

Fianna Fáil’s Billy Kelleher raised the case in the Dáil but faced difficulties as the Ceann Comhairle repeatedly had to point out that the chamber could not discuss decisions of the court or criticise those who make such decisions.

Kelleher said he was raising the Doyle case in light of the “legitimate concerns of Irish people” and the “huge anger” at the verdict yesterday which has led to calls for a review of sentencing guidelines in Irish courts.

The Taoiseach told the Dáil that he hoped the case and its outcome so far would not discourage others from coming forward.

He said: “I would like to believe that others who have or are subject to a rape or incest or crimes of this horrific nature would not lose courage in coming forward to say their piece.”

Kenny said that the issue of mandatory sentencing was one that had been raised before and was one for the government to reflect on.

‘Barbaric and horrific’

He said that Doyle’s coming forward was an “act of courage” and said her “horrific and barbaric” case had “filled the people with a sense of revulsion”.

Kenny said he hoped that the appeal court would deal with the referral of the case “as a priority”, saying: “I do hope court of criminal appeal will deal with this case as a matter of urgency.”

Sinn Féin president Gerry Adams referred to his father who was an abuser and said that it “creates devastation in a family which is beyond description” while calling for reforms to the Courts of Criminal Appeal.

He pointed out that problems existed because of the fact that judges were appointed to the criminal appeals courts on a part-time basis from the High Court and Supreme Court.

Kenny said that the Minister for Justice was considering changes to the courts system and pointed out that he had already brought in significant reforms in the legal sector.

The Taoiseach said that he was open to the possibility of a discussion in the Dáil on reforms to the “inadequacies in some areas of our court system”.

“This is an issue that we need to debate,” he told the Dáil.

Read: ‘Urgent review’ of sentencing needed after 72-year-old bailed for multiple rapes

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Comments (77 Comments)

  • We must be the laughing stock of the civilised world, im embarrassed to live in a country where custom charges evaders must stay in jail pending appeal but Serial child rapists get to go home, where mothers who stayed silent while their husbands abused their child are not held accountable, and elected councillors suggest pre authorised drink driving….Crazy place !

    Reply
    • Bananna republic led by monkeys.

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    • Reg 22/01/13 #

      Between this and those clowns in Kerry County Council we’re a laughing stock alright.

      Reply
    • The world stopped laughing some time ago.

      Not sure exactly what Ireland is supposed to be celebrating with this so called “gathering”, but one thing is for sure, Ireland has become little more than a brown stain on a map of the world best observed via satellite or from a distance of 30,000 feet from a passenger jet as you pass over it.

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    • Mike
      On the one hand Aine is talking about the Courts which are Constitutionally independent of the Executive. At the same time she is critical of a Motion put before a rural County Council on drink driving and supported principally by three fellow councillors who are also publicans.
      From these facts you reach for your long gun and take aim at a Nation or a State or a Government . Most rational people would believe that your somewhat short on logic.

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    • @ mark/paddy/michael or whatever false identity you have decided to cower behind this week.
      Will you kindly give the phone back to the adult and stop showing how much of an idiot you are.

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    • Mike
      Monkeys and idiots are the word you use regularly to respond to anyone that has a viewpoint different to your own. Do you have kids Mike? Would you like them to learn how Daddy does his bullying on line so they can grow up and be like Daddy?
      Do you see the potential consequences Mike for your behavior towards Members of the Government or indeed anyone with major responsibility in Irish Society? Do you realize how offensive you can be?
      Do you understand how the English language can be used in a more polite way to disagree or challenge someone without becoming a complete degenerate and exposing a lack of education combined with a quirk of personality?

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    • @ mark,paddy,michael or whatever false and cowardly false identity your cowering behind.
      Your nothing but a sad and pathetic troll so why should anybody pay any attention to your verbal bullying.
      Why are you hiding your identity and choosing to verbally attack people,why not come out and then you might get a bit of respect .

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    • How sad!

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  • I watched it and thought it unfair the way that the Ceann Comhairle kept interrupting Kelleher and then let the Toaiseach wax lyrical. When he let the TDs talk, I thought Kelleher, Kenny and Adams made a decent impact.

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  • “Kenny said that the issue of mandatory sentencing was one that had been raised before and was one for the government to reflect on.”

    Sure,why not,let’s reflect on it a bit more,oh let’s say for another 20 years or so.This country becomes more of a joke by the day!!!!

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    • Mandatory sentences for rape are a bad idea, even groups that represent victims of rape don’t endorse them. When you have a mandatory sentence for anything, there is no incentive to plead guilty so individuals charged with such offences will always contest them. E.g. the mandatory ban for drink-driving means our lower courts are jammed with individuals contesting these charges.

      A person accused of rape therefore would be incentivised to contest the charge. For a rape victim, this would involve putting them through a trial and testifying against their accused in person, which can be an incredibly traumatic experience.

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    • Very, very skeptical about FG/Lab’s motives here – guidelines won’t change anything, mandatory sentencing is a bad idea of the reasons cited, among others, and the politicians know it. Sounds like a bunch of hot air to me.

      Let’s just be clear on this, Patrick Doyle was tried, convicted and sentenced to 12 years, he’s on bail pending appeal, the overwhelming likelihood is that there will be a custodial sentence to be served even after the appeal, probably by the end of this year if he gets an expedited hearing at the Court of Criminal Appeal. In the context of offences that happened 30 years ago, I’m not sure what the huge fuss is over a few more months before he goes to jail.

      If we’re serious about sentencing reform, it might be a better idea to look at ways of using community service, restorative justice, and other innovations to better deal with petty offenders and free up prison resources for more serious offenders.

      Speaking of prison resources, staff numbers 10% below even authorised levels. Coincidence? http://www.herald.ie/news/prison-staff-levels-down-300-after-latest-cuts-3323510.html

      But nobody ever lost votes by talking tough on sex offenders.

      Reply
    • As opposed to what,letting them go free or allowing them to pay a fine,or a couple of years in prison??? There should a mandatory minimum sentencing that matches the impact of the crime on it’s victim.Criminals get more support than the victims of their crimes.

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    • The impact on each victim isn’t the same for each instance of a particular type of crime, and the circumstances and blameworthiness of the offender aren’t the same for each instance for a particular type of crime. Mandatory sentencing sounds nice in theory, but in practice leads to absurd results:

      http://www.cbsnews.com/8301-201_162-57433184/fla-mom-gets-20-years-for-firing-warning-shots/

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    • If that’s the case, abusers should get a life sentance. That’s the length of time it impacts the victim for.

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    • The mandatory sentence for a drugs conviction for amounts over 10 grand is 10 years.Correct me if I’m wrong but I have never seen this been enforced.The judges seem to use their discretion.As I said,there should be a mandatory minimum sentencing,where as for example a conviction for rape could have a mandatory sentence of 10 years and the judge use his discretion as whether to increase this sentence based on the impact on the victim.

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    • Mandatory sentencing for drugs offences has been ignored by the judiciary. What’s needed is a dose of reality for the wigged ones and compulsory path taking by defence solicitors to stop them lying for their clients; he minds his sick mother/brother/dog. He’s on a fas course. He’s sorry. Twas the drink. Same old bullshit in the courts every single day.

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    • Compulsory oath taking

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    • @ Voodoo – you seem to me a bit emotionally detached from the heinous nature of this crime and conviction.
      Lacking in empathy with the victim ? Perhaps not , I am sure you will like to clarify.

      You also express quite a lot of confidence in the eventual outcome ( i.e. a custodial sentence ) – what do you know that others don’t ?

      And assuming you are right what rationale do you propose to counter “the fuss” that his sentence is not commenced ?

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    • Listen, someone very dear to me is a rape survivor, and I lost a friend to a predatory attack last summer, please don’t even attempt to lecture me with the usual “mollycoddling the criminals” nonsense.

      Empathy for the victim does mean supporting longer jail terms in every instance. People often criticise the criminal justice system for focussing too much on the offender, but this idea that sentencing has to be harsh “for the victim” is equally more concerned with what’s done to the offender rather than what’s done for the victim.

      I’d personally support setting up something like the Probation Service to help victims, both in the trial process, and in the longer term. From my experience, healing the emotional scars takes more than just punishing the perpetrator, and we should be prepared to put money into victim services.

      To his credit, Aodhán Ó Ríordán has suggested something like this approach, I think it’d do more for victims in the long run than calling for offenders to be strung up.

      http://www.labour.ie/press/listing/1358874295913593.html#.UP7USkm6aNU.twitter

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    • Ru ni Digs…. I agree 100%…. I hate it when a member of the government says that …. and it happens alot.. no progress at all!! Frustrating!!!

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    • CABK 22/01/13 #

      Voodoo criminology: your comment about how the ‘offences happened 30 years ago’ is DISGUSTING. You completely trivialise that this woman was a CHILD who was raped repeatedly by her FATHER 30 years ago. Do you remember your childhood? I remember when I was 8/10/12 and luckily those are happy memories. Think now what this poor woman has to remember. How long who he raped her is irrelevant as is his age and health.

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    • The offences happened 30 years ago. Sentence has been postponed for a matter of months. Failing to see what’s so disgusting about that observation, or how it trivialises anything. I just think that the reaction here is a bit disproportionate under the circumstances – if he’d been let off scot free, it’d be fair enough, but that’s just not the case.

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    • Correct me if i am mistaken but my understanding of this case is that he eventually pled guilty, was sentenced to 12 years with 9 of those 12 years suspended, so he would have to serve 3 years in prison (most likely 2 in reality with good behaviour). In another circumstances he would have been remanded immediately (he admitted guilt) but in this case the judge let him out on bail pending his appealing his sentence as he suffered from Ill health (although the prison services said they were fully capable of caring for his condition in prison). He has a prescribed amount of time to appeal the sentence (not sure how long). Considering the reaction this very lenient (IMHO) sentence I would be surprised if he did appeal as he is likely to have less of the sentenced suspended if he does not win his appeal. What he did to his victim is appalling and he should be in prison tonight and, apart from the leniency of the sentence, this is a very poor decision by the judge.

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    • If he doesn’t pursue the appeal, he goes to jail. He’s been released on bail until the appeal gets on for hearing – it is unusual for this to happen, but that’s how things stand.

      I wouldn’t like to speculate on what the Court of Criminal Appeal will do, but it seems unlikely unlikely in the very extremes to me that this guy won’t be in prison by the end of the year.

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  • Carney if he has any humanity should take stock of this and other reactions and consider his position. Nice fat pension and he can go off fishing or whatever he likes and we can all forget about him.

    I hope Fiona Doyle can draw some comfort from the Dail statements and her father and mother some considerable discomfort

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  • Jerry the facts are that the accused had pleaded guilty to multiple counts of rape , there is no doubt of his guilt, he had never shown remorse, rape ( just one) is punishable by a life sentence so to any reasonable person a just sentence would have been a
    lengthy jail term.He should have gone to jail yesterday end of story.

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  • What’s the point when the dad walked, but, why is the mother not being brought up for wilful neglect, emotional abuse?

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  • The “justice” system raped poor Fiona Doyle albeit mentally all over again. Mr Kearney constantly reduces rapist and child molesters sentences. It time he goes and time justice mean these evil people get punished. I don’t think we’re asking for too much in knowing or justice system takes crime against people more serious than crimes against tax dodging or the likes! I’m so sad for this brave lady

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  • All he did was rape his daughter every day for 10 years, it’s not like he claimed garlic was apples or something equally deserving of jail time… What a country we are living in…

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  • Wow, words are a whole lot of use to Fiona Doyle and her family. How about action for once.

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  • In US abuser sentenced to 103 years for abuse of 12 year old. Our justice system could learn a thing or. Two!

    http://www.nytimes.com/2013/01/23/nyregion/nechemya-weberman-sentenced-to-103-years-in-prison.html?emc=na

    Reply
  • How could a father rape his own daughter?? And even worse a mother do nothing to help?? These sick people should at least spend their dying days in prison. Sick bastards.!!! Unfortunately the law and the judges who enforce it have no emotion towards the case. The law is a complete ass. Brave woman Fiona !

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    • @ ,Colm, I agree completely. There is however a horrifyingly real explanation, as to why some fathers would do such a vile thing. According to professor John O’ Keefe of UCD, approximately two to three per cent of the population are psychopaths. They are incapable of feeling remorse, they have no conscience and see people, including children as objects, including their own children. It should be noted that the majority of them are socially adept at hiding their true nature.

      Reply
  • Mr. Kenny would like to believe that other victims of abuse would not ” ‘lose courage’ in coming forward to ‘say their piece’.” Unfortunately, because of yesterdays ruling, that is all the victims in abuse cases would be able to do. ‘To get Justice’ would have been a more encouraging choice of words for victims!!

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  • tmwtbc 22/01/13 #

    One query in all of this – why is it known as the ‘Fiona Doyle’ case (as with Six-One News)? This lady may have willingly given up her anonymity but Patrick O’Brien’s name should be shouted from the rooftops.

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  • Sadly when one goes to court in this country to get justice, one ends up getting law. They are very far removed.

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  • I wonder if jimmy saville was still alive would he have gotten off so lightly, presuming he would have played the illness and infirm card too no doubt.

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  • He should be castrated, put in jail and throw away the key!!

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  • would just like to say for the past year i have been trying to counsel someone into taking the legal route of getting justice for her abuse. this dispicable treatmeant of such a brave lady, has made it impossible for my friend to even contemplate telling her story to our fantastic “legal experts” job well done judge, hope you enjoy your fantastic pension.

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  • What reason is there for preventing the chamber from criticizing decisions made in the courts?

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    • I’m only putting forward a guess here but it may have something to do with the fact that the government and judiciary are supposed to be separate, as in – the government can’t be seen to be forcing the courts decisions..

      I could have this all wrong but that’s my understanding of it.

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  • Brian, I agree. It is with trepidation that we await the outcome of all of this. This is “no country for “..women, young or old. How can I believe that concern was given to the impact Justice Carney’s decision would have on the women, the abused of this country? Lip service, ticking a box, summarily considered – this is not cynicism but the unchanging reality of irish society. Where is our hope at all?

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  • Another issue that our cowardly politicians will shuffle a little and make a few grunting noises and sweep it under the carpet until the next time.

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  • You can cut this, spin it, and legally justify it anyway you want but the moral and human reaction determines that this case is just wrong. If you are old and s bit ill it’s ok to be a sex offender or paedophile. That’s the clear message. But beware if you don’t pay tax on garlic.

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  • A horrible thought occurs – what if all the publicity surrounding this case influences the appeal. What if perversely the appeal Judges determine that some “sympathy” is due to this rapist arising out of all of this?

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    • he pleaded guilty, it’s the sentence that’s being appealed, I’d guess there’s more of a chance of it being increased……. hopefully anyway

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    • Cylon 22/01/13 #

      This is my fear also. I have little doubt that it won’t happen. At best at this stage the rapist will be left with the excuse for a sentence given by Carney.

      My thoughts have been with the poor girl all day, since I heard her on the radio.

      However if the furore leads to longer sentencing in the future and the demise of Mr. Justice Carney perhaps some good will come out of this appalling travesty.

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    • Having a fair bit of experience around the courts, Brian’s “point” is complete and utter nonsense – the adverse publicity point only applies in jury trials, not for the Court of Criminal Appeals, where three judges assess the sentence on principle. Just so you know.

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  • @Dee I know saville didn’t live here….that was really the point of my comment…perhaps too subtle

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    • Keith, I got what you meant, and in this country, no doubt at all Savile would have played the illness and infirm card.If he lived to be tried in the UK, he would be in prison for the rest of his life. If he was an Irishman here, he’d get a slap on the back of the neck with a wet haddock and sent on his way. It’s the difference between the Justice systems in the two countries.

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  • How about a law ensuring that the state of health of a convict cannot be taken into account in sentencing? If you can’t do the time, don’t do the crime.

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  • The Taoiseach should open up the In Camera rule and report Family Law cases in the same way as Rape cases are reported. The public will then be aware of the abuse that children undergo at the hands of judges and HSE social workers etc as they know they can hide behind the In Camera secret courts rule so that their action / inactions are not made public.

    Childrens’ rights are abused every day in the Irish Family Law Courts….. We have judges who do nothing to protect children…. Open up the courts and let the public see that child abuse is still being perpetrated by the State.

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  • Time for some reflection? No, its time to pray that God will bring Justice to this poor country full of rich people who continue to support such an embarrassingly corrupt system.

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    • Good luck with that approach patricia ;-)

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    • Its the only way that I know Niall. Jesus said ‘I am the way, the truth and the life, no one comes to the Father but by me”. I want the poor suffering people of our country, to go to God and tell it like it is: Do not go the corrupt court and Injustice system, run by corrupt judges and politicians. Those men are evil imposters, and this case is the evidence. My sympathy is with this lady who tried the corrupt court system in Ireland: ; Let them be abhorred for their infidelity to Truth and to Justice. Please pray to Jesus for our freedom from these unjust perpetrators of evil.

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    • If “praying to Jesus” is our only idea, we really are fu€ked..

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    • Surely an omnipotent god would already know exactly how it is and not need to be told?
      And what if they’re praying to Jesus and asking for his forgiveness and protection? He did die for their sins, what if he reckons they need him more?

      And in the grand scheme of things, I’m sure plenty of people have been praying for an end to hunger and poverty – yet neither of those types of prayers have been answered, why would he answer this one instead? It would insinuate some very strange priorities for a god..

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    • Dear Jesus, I want my hedge trimmer back that you borrowed last week.

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    • js1711 22/01/13 #

      I am going to try this out and pray for the delivery of Patricia’s mind into reality.

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  • AIne, what is even more frightening is that today in the family law system behind the in camera rule, those mothers who try to protect their children from abuse are themselves threatened, abused called parent alienators and children’s voices are dismissed….. its still happening. I look forward to the day solicitors and “agents of the state” so called experts are sued en masse by children who were forced into abusive situations against their will… shame is like fiona they have to suffer their whole lives and childhood until they become adults and get a voice.

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  • There has been centuries of systemic abuse to women and children. Now, in the name of Fiona Doyle and all the Fiona Doyle’s, this is an opportunity for the women of Ireland to take back their lives. So I urge all the women of Ireland, in the name of decency, to speak out and be active in supporting the abolishment of abuse.

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  • Brian, I agree. It is with trepidation that we await the outcome of all of this. This is “no country for “..women, young or old. How can I believe that concern was given to the impact Justice Carney’s decision would have on the women, the abused of this country? Lip service, ticking a box, summarily considered – this is not cynicism but the unchanging reality of irish society. Where is our hope at all?

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  • All TD’s, including An Taoiseach, Billy Kelleher and Gerry Adams made genuine contributions. But you’re using this as a political football to attack the Ceann Comhairle? Come one, have some decency.

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  • Can I take it that not one of the commentators on here were in Court yesterday and are relying totally on what is reported in the media
    We run our judicial system on laws and I presume the Judge had reason enough to do what he did
    After all he had the l victim impact statement’s all other information pertaining to this case which is more than can be said for the politicians trying to make hay or the media trying to make a few quid from the case.

    While I am nor expecting the posters here to have cop-on I do expect our legislators to have some respect for the Courts and or system of law after all it is they are the ones who make the laws

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    • Can you think of a solitary and credible reason as to why a judge would hand down a 15 year sentence but suspend 9 of those years. It’s a bonkers sentence and makes absolutely no sense.

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    • @ Jerry Slattery

      You defeat whatever point you attempt to make in line 3 of your post when you state “I presume”
      Silly person.

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    • briewee 22/01/13 #

      As someone who as had the horror of having to sit through a similar case, the person was only given 5yrs with 2 and half suspended he ended up only serving 18mths. He was given the only 2 and half year because he plead guilty. for me it was a kick in the teeth the man got off lightly and from my own experience i would never recommend it to anyone who is not supported by a strong family and friends unit. I had a nervous breakdown afterwards and it has taken me years to get through it, i still suffer nightmares when i see him and a certain smell can bring it all back and i am left feeling very fragile for quiet a while.
      I fully believe that there should be minimum sentences when it comes to systematic abuse of children, the men and women that abuse children know they only get a slap on the wrist if they are caught in this country. and rehab should also be a part of their sentence the man who abused me when to prison did his time and refused rehab, and when he got out moved back to the same town where i live, that has been one of the hardest things i have had to deal with

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    • The judge asked the dpp what sentence they were recommending, she didn’t recommend any specific sentence. It seems to be related to the judge having an issue with the dpp appealing his sentences as either to hard or soft

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    • @ Jerry.. Google Justice Paul Carneys name and you’ll find plenty of examples of fcuk ups by him in previous sentences on rapists….. He didn’t have ‘ a reason’ for giving a lenient sentence in this case either ..

      Reply

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