A 19-YEAR-OLD MAN HAS BEEN found not guilty of the manslaughter of Garda Robbie McCallion, who died after being struck by a car in Letterkenny, Co Donegal under two years ago. McCallion and his two colleagues had responded to a call regarding a stolen car at 4.30am on the morning of the incident. The gardaí attempted to block the path of the vehicle, which drove at the garda car but turned left. Instead of hitting the garda car, the vehicle struck Garda McCallion.

Garda McCallion was originally from Swinford, Co.Mayo. I attended his funeral as did many thousands and I still remember the dispair and grief on his fathers face as I shook his hand.

The jury finds a joyrider not guilty. Justice is not being done in this country, when people are being jailed for stealing a pair of 10 euro jeans.

Good job Ireland yet again.

yew_tree (Mayo) - Posts: 11540 - 06/02/2011 13:09:30    861387

MANSLAUGHTERThe unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent.

The distinctions between manslaughter and murder, consists in the following: In the former, though the act which occasions the death be unlawful, or likely to be attended with bodily mischief, yet the malice, either express or implied, which is the very essence of murder, is presumed to be wanting in manslaughter. It also differs from murder in this, that there can be no accessaries before the fact, there having been no time for premeditation. Manslaugbter is voluntary, when it happens upon a sudden heat; or involuntary, when it takes place in the commission of some unlawful act.

The cases of manslaughter may be classed as follows those which take place in consequence of: 1. Provocation. 2. Mutual combat. 3. Resistance to public officers, etc. 4. Killing in the prosecution of an unlawful or wanton act. 5. Killing in the prosecution of a lawful act, improperly performed, or performed without lawful authority. The provocation which reduces the killing from murder to manslaughter is an answer to the presumption of malice which the law raises in every case of homicide; it is therefore no answer when express malice is proved and to be available the provocation must have been reasonable and recent, for no words or slight provocation will be sufficient, and if the party has had time to cool, malice will be inferred. In cases of mutual combat, it is generally manslaughter only when one of the parties is killed. When death ensues from duelling the rule is different, and such killing is murder. The killing of an officer by resistance to him while acting under lawful authority is murder; but if the officer be acting under a void or illegal authority, or out of his jurisdiction, the killing is manslaughter, or excusable homicide, according to the circumstances of the case. Killing a person while doing an act of mere wantonness, is manslaughter as, if a person throws down stones in a coal-pit, by which a man is killed, although the offender was only a trespasser.

When death ensues from the performance of a lawful act, it may, in consequence of the negligence of the offender, amount to manslaughter. For instance, if the death has been occasioned by negligent driving. Again, when death ensues, from the gross negligence of a medical or surgical practitioner, it is manslaughter.

BallsMcQ (USA) - Posts: 941 - 06/02/2011 13:42:58    861401

First off, justice and law are two entirely different things. Not just in Ireland but everywhere.

Secondly, he was found not guilty of manslaughter but I'm sure will be convicted for his other crimes such as dangerous driving causing death, theft, etc.

It's hard to take an opinion either way on a topic like this, both sides will produce strong but complex arguments. To understand verdicts like this, I guess you need to have studied Irish Law. It's never as black and white as we might be led to believe.

Loyal2TheRoyal (Meath) - Posts: 4522 - 06/02/2011 14:05:35    861412

we must accept the ruling of a jury- if we dont then there is absolutely no point to having laws

liathroidboy (Mayo) - Posts: 4921 - 06/02/2011 14:13:50    861416

yew_tree
County: Mayo
Posts: 2123

You either accept court verdicts or dont bother with them

dhorse (Laois) - Posts: 11374 - 06/02/2011 19:19:08    861670

Has the joyrider been given any punishment for his actions?

seanie_boy (Tyrone) - Posts: 4235 - 06/02/2011 20:48:16    861800

seanie_boy
County: Tyrone
Posts: 1209

861800 Has the joyrider been given any punishment for his actions?

sentenincing is next week,,, thats the way it works in a democratic republic

dhorse (Laois) - Posts: 11374 - 06/02/2011 21:55:48    861896

06/02/2011 20:48:16
seanie_boy
County: Tyrone
Posts: 1209

861800 Has the joyrider been given any punishment for his actions?
________________
In advance of the trial ? - Don't think so - even in donegal.

ruanua (Donegal) - Posts: 4966 - 06/02/2011 21:58:45    861901

Well I'm not sure Rua Nua but having been found not guilty of manslaughter would in most peoples estimation signal the end of a trial.If you do it different in Donegal I wasn't aware.

seanie_boy (Tyrone) - Posts: 4235 - 07/02/2011 09:12:20    861923

dhorse
County: Laois
Posts:

861800 Has the joyrider been given any punishment for his actions?

sentenincing is next week,,, thats the way it works in a democratic republic

Thanks for that.

seanie_boy (Tyrone) - Posts: 4235 - 07/02/2011 09:19:47    861928

First of all I would like to say that as someone who knew Bob has been a tough couple of years especially for his poor family. The charge itself was always going to be difficult to prove. He had already pleaded guilty of dangerous driving giving him a better chance of beating the manslaughter charge. He appealed a number of other charges more than once so that when this verdict was reached, he had no previous convictions up to that date. I have a serious issue with that. He is due to appear next week for 7 or 8 other charges from seperate incidents. This man changed his statement on more than one occasion in relation to Bob's death. God only knows what lenient sentence will be handed down for the other charges.

jonny1951 (Mayo) - Posts: 1431 - 07/02/2011 09:45:07    861937

seanie_boy
County: Tyrone
Posts: 1214

861923 Well I'm not sure Rua Nua but having been found not guilty of manslaughter would in most peoples estimation signal the end of a trial.If you do it different in Donegal I wasn't aware.

There would be a gap between conclusion of trial and sentencing to allow for impact statements, appeal aplications etc, even a chance for guilty party to submit pleas for leniency on whatever circumstances . I know it may sound cumbersome to the way justice is doled out in other jurisdictions but sure nothing is perfect.

dhorse (Laois) - Posts: 11374 - 07/02/2011 12:15:47    862079

seanie_boy
County: Tyrone
Posts: 1214

861928 dhorse
County: Laois
Posts:

861800 Has the joyrider been given any punishment for his actions?

sentenincing is next week,,, thats the way it works in a democratic republic

Thanks for that.

No bodder, it's good to chat

dhorse (Laois) - Posts: 11374 - 07/02/2011 12:16:45    862081

There would be a gap between conclusion of trial and sentencing to allow for impact statements, appeal aplications etc, even a chance for guilty party to submit pleas for leniency on whatever circumstances . I know it may sound cumbersome to the way justice is doled out in other jurisdictions but sure nothing is perfect.

Whatever man,you know I was right with the point I was making.

seanie_boy (Tyrone) - Posts: 4235 - 07/02/2011 18:09:13    862518

sentiment cant get in the way of the legal system if the man involved appealed previous charges and faced no prosecution that mean he is innocent- if he has a number of subsequent charges that is 100% irrelevant to this case. you have to embrace the law as it is and leave sentiment out of it or else we are all doomed

liathroidboy (Mayo) - Posts: 4921 - 07/02/2011 18:19:04    862526

The jury should hang there heads in shame as he should have been jailed with murder as if you drive a car at someone it means one thing.

Dellboypolecat (Tyrone) - Posts: 15069 - 07/02/2011 19:00:17    862582

Ballboy we are aware of that. The reason I stated the other pending charges is that this man is a scumbag who will never change. His solicitor pinned the blame on his mate who was with him. Was the other lad with him when he commited the other crimes too? Embrace the law my ass, he changed his statement more than once, which would lead me to believe he lied throughout the trial. He does not deserve the air that we breathe.

jonny1951 (Mayo) - Posts: 1431 - 07/02/2011 19:28:05    862614

liathroidboy - you really are a terrible person arent you. day after day you post complete rubbish and most recent very horrible and downright hurtfull pots just as so you disagree with nearly everyone in here.
you are an embarrassment to mayo and this fine country.

yew_tree (Mayo) - Posts: 11540 - 07/02/2011 19:40:41    862633

According to the Irish Independant article on the matter, the judge told the jury to look at the facts "in a cold and calculated" manner. So Ball-boy is right when he says sentiment can't get in the way of these things.

For the ordinary five-eighth, verdicts like these are hard to comprehend but perhaps, having served as a juror or studied Law in some capacity, the courts process might become a little a clearer. It's heartbreaking for the family of course, but this is the result of democracy and you got to accept that.

Loyal2TheRoyal (Meath) - Posts: 4522 - 07/02/2011 20:34:54    862736

liathroidboy
County: Mayo
Posts: 1511

861416 we must accept the ruling of a jury- if we dont then there is absolutely no point to having laws

To an extent you are right. If we continue to accept trial by your peers then we must accept their decision whether we agree with it or not. The question that should be asked is should be still have trial by jury? As crimes become increasingly sophisticated, so to does the legal arguments involved in a trial, the make up of jurys has become that of retirees and the unemployed. This is not to suggest that either are incompetent, but if your average dole for life commanche is called for jury service, what is the chances of him/her understanding complex legal arguments? Most professional people, who tend to have the higher intellectual capabilities ensure that they get out of jury service by whatever way they can, thus the less able are thrust into the role of deciding guilt when in most cases they would have trouble spelling it. Jury's are long outdated especially in their make up and until this is changed. the justice system will not provide what it is there to do, justice

omaghredhand (Tyrone) - Posts: 3656 - 08/02/2011 12:30:26    863017