rel="canonical" href="http://www.politics.ie/forum/justice/197529-arrested-refusing-provide-name-address-43.html" />
I was assaulted in Dun Laoire one night. A bystander got the reg of the car they drove off in, and passed it to the Gardai who came to the scene.
Two days later the same Gaurds came to my gaff and sat on my couch for a chat. They told me they had identified my attackers, and knew their addresses. I said GREAT, when will you be arresting them?
They then proceeded to talk me out of pressing charges, as follows:
These guys are known hardened crims who've done jail time, if you press charges they'll know where you live and come get you.
If you press charges theyll say you started it, your word against theirs.
You'll have to take time off work to attend court.
Their free legal aid will come up with an excuse why they can't attend the hearing - new job offer, poor lads unemployed judge!
Hearing will be rescheduled - you'll have to take another day off work.
There'll be another excuse for a no show.
You'll eventually get sick of taking days off work, the hearing will proceed without you, and be dismissed.
Even if convicted, they'll only get a slap on the wrist - probation act.
You'll be looking over your should forever.
So I dropped it.
What's the point when the guys administering the law say they are incapable of doing their job?
I'd love to know why they were so keen though. Honest concern for my safety? Or plain laziness?
Thank goodness the police were doing their job in Wicklow that night. Three lads loitering at 1am is suspicious and any reasonable law abiding citizen would agree.
I wonder what the 'anti gardai brigade' would think about three guys having a chat outside their house at 1am.
Your account on both counts is unlikely if only for the fact that something good must happen to you from time to time that does not involve a nasty and useless Gárda Siochána (good to get their name right to start with), necklacing, hotel rats or drunk yobbos.
The fact that the guards escalated this situation to the point that they can threaten the man's career, access to visas and reputation simply for refusing to provide his name demonstrates why they need to be strictly limited within the law. The point proves itself.
Do those who believe the guards were right to pursue this really believe that this is a proportionate or desirable action for them to take or be allowed to take? Do people believe that the guards' bending the truth on the stand, .i.e perjury, with such real and serious consequences for the young men is a proportionate or desirable reaction on their part to such a petty incident?
On the basis of the facts as presented this is a case of abuse of power. We all benefit as a society by not submitting to abuses of power.