In taking the oath in court, wouldn't the defendant have declared his religion? If I'm not mistaken there's a choice of Old Testament (for Jews), New Testament (for Christians) and affirminig for adults.
Of course, he could have been a **** in which case the judge could have sent him back to his own country.
Judge Hughes was before appointment a very experienced solicitor - having practised in Mayo for about 30 years,most recently a State Solicitor.
The Defendant had the option of going for a judicial review or filing an appeal to the Circuit Court.
Croagh Patrick is not an exclusively Catholic place of pilgrimage. In fact local tradition and recent archaeological research indicates that people were climbing it to worship long before St Patrick got there.
When I first heard the report, I had the impression that it was just a nice, if tough, day's climb was involved. When I read the report it was clear that the defendant has to "do four stations" and pray, and that the process is a pilgrimage.
But Court reports are often very sketchy. It's quite possible that the defendant was asked what his religion was.
Judges on the Circuit use all manner of random sentences from the poor box to washing streets down. Apparently they don't use Community Service as a sentence often, which is a shame, as it can mean doing useful work instead of a jail sentence and apparently is less likely to lock someone into an endless cycle of crime. It also must be a lot cheaper than a jail sentence.
Firstly we have been down this road before and you prefer the theoretical separation in Ireland between the government and the judiciary. I prefer to look up appointments and see who appointed them. Next you'll be telling me that all those in political office in Ireland with 'barrister' after their name have all practised as solicitors first
I'm happy to put 'FG Judge' before any FG or 'Labour Judge' against any such names that come up. I suspect the 'FF' part will be quite busy though. I think I remember asking you to look up judicial appointments across the Supreme Court and see who they are and which parties they are affiliated with. But you seem reluctant to depart from the theory.
I'll ask you a question. Is it true or not that the Department of the Taoiseach has any role in the appointment of Supreme, High, Circuit and District Court Judges?
Think National. Act Local. Oh- and superstition is just the dark matter of human history.
I am pretty sure they struck a deal and the defendant or his solicitor as well as the prosecution were asked if they would indeed accept such sentence as the law doesn't really provide for it. If either party would have objected, the judge would have passed a sentence that wouldn't be so easy to overturn by another court. The defendant is an unemployed father of two, a jail term or a €1,000 fine (the sort of sentences the law does provide for) would have hurt him much more.
Last edited by TotalMayhem; 18-09-2010 at 06:18 PM.
I dropped out of communism class because of lousy Marx.
Hughes the ex FF TD seems to be off the wall here. What if this manwas a muslim,or a Protestant , how could he comply with the orders. It is a sectarian order, and mustbe quashed. Why not let him do community service. And will he send the next offenfer to fast and pray on Lough Derg ?
Joseph McElwee, who called Garda Nicholas Freyne a “Mayo w****r” and told him to “f*** off back to Mayo” has raised almost €3,000 for charity after completing the hike with 13 friends. He said the publicity surrounding the case had had a very negative affect on his family, especially his eight-year-old son.
Source
Give me a misty day, pearly gray, silver, silky faced, wide-awake crescent-shaped smile
good to see a proper judge in Donegal for a change, pity he was not there years ago. His past party choice has nothing got to do with it,
Yo Capt, there is a bit of a problem with the presumption that the judge will vote according to the prefix.
It's an appointment and when we get to the High and Supreme court nominations, shame/aversion to ridicule thankfully prevent the dumping of political debris.
Down the district...well...let the games begin!
The past party choices of judges in Ireland has got a hell of a lot to do with whether they end up as judges.
The office of the Taoiseach appoints Supreme Court, High Court, Circuit and District Court judges. From a 'nominated' list of course. A bit like the Queen getting a list of people to be knighted from Downing St in the UK.
Think National. Act Local. Oh- and superstition is just the dark matter of human history.
Agreed- but it does not improve the operation of the legislature which is supposed, like the media, to be one of the four independent pillars of a democracy.
The senior ranks of the legislature with a few honourable exceptions reads like a list of people who were too grumpy for the Senate.
Think National. Act Local. Oh- and superstition is just the dark matter of human history.
THERE HAVE BEEN calls for a District Court judge to resign after he described Travellers as being “Neanderthal men… abiding by the laws of the jungle”. Mr Justice Seamus Hughes is reported as criticising a defendant who appeared before Athlone District Court, saying:SourceNobody has indicated it to me, but I suspect he comes from a certain ethnic background that would give him even more form given the type of behaviour in which some of them engage… As I’ve described it before, they are like Neanderthal men living in the long grass, abiding by the laws of the jungle.
Give me a misty day, pearly gray, silver, silky faced, wide-awake crescent-shaped smile
This is again of the judges being out of order, we had the judge in mayo making comments on Polish people claiming social welfare and now this comment which is not called for at all. Seamus Hughes should resign immediately from the bench, such comments show that any cases that could come up in future for travellers could be found to be an unfair trial if a judge is seen to have such biases. What about previous convictions, can anything be done if he has convicted travellers?
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I havw witnessed some traveller's rows. That Judge's description is fair comment.
Ask Phil Hogan's brother
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