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Thread: State sued for giving Jerry McGrath bail

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    Default State sued for giving Jerry McGrath bail

    The High Court is to be asked if the state can be held responsible for crimes committed by violent and dangerous offenders while they are on bail.

    The widower of Sylvia Roche Kelly, a 34-year-old mother from Clare who was murdered by an offender on bail while facing two serious charges, has issued proceedings against the state.

    The suit claims the killer should not have been given bail, because he posed a significant threat to the public.

    Sylvia was murdered by Jerry McGrath, a 24-year-old unemployed man from Dundrum, Co Tipperary, at a hotel in Limerick in December 2007. McGrath was on bail having been charged in connection with the attempted abduction of a five-year-old girl in Clonmel the previous October.

    McGrath was also facing charges relating to a serious assault on a female taxi driver.

    Gwen Bowen, a solicitor acting for Lorcan Roche Kelly, confirmed that proceedings have been issued against the state alleging negligence. A complaint has also been lodged with the Garda Siochana Ombudsman Commission.

    The legal action has attracted interest from lawyers, victims’ groups and civil rights organisations because for the first time it may be decided if the government, the courts and the gardai have a legal obligation to deny and oppose bail to suspects who pose a danger.

    State sued for giving killer Jerry McGrath bail - Times Online
    The hurt of one is the hurt of all, the honour of one is the honour of all.

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    Politics.ie Member Catalpa's Avatar
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    was on bail having been charged in connection with the attempted abduction of a five-year-old girl in Clonmel the previous October

    Given the shocking circumstances of that case the mind boggles any Judge would grant this individual Bail.

    As I said B4 and I'll say again we need to have Judges chosen by Election of the People.

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    Quote Originally Posted by Catalpa View Post
    was on bail having been charged in connection with the attempted abduction of a five-year-old girl in Clonmel the previous October

    Given the shocking circumstances of that case the mind boggles any Judge would grant this individual Bail.
    It truly is shocking.

    This whole issue should have been tackled, years ago.

    Why does it have to come to this, when an action is being taken against the State, to protect the citizens of the said State .
    The hurt of one is the hurt of all, the honour of one is the honour of all.

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    It will be an interesting case. From the point of view of the Dept of Justice and the Government this is a case that they just cannot lose. The appaling vista for them is being made liable for the actions for those on bail and if they are to hold more people in remand where do they put them? Also, if this case were to succeed then every citizen who is a vicitim of a crime by a person who entered the country illegally but are left free to run around under the asylum direct provision system could also sue the government. It would mean the government would have to introduce compulsory detention pending the final determination of an application.

    I think the Plaintiff is looking to put the issue front and centre in public debate rather than having an expectation of succeeding.

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    Quote Originally Posted by kerrynorth View Post
    The appaling vista for them is being made liable for the actions for those on bail and if they are to hold more people in remand where do they put them?
    But isn't it raising the issue that those who are charged with 'serious' crimes, not be given bail? Protecting the public.
    The hurt of one is the hurt of all, the honour of one is the honour of all.

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    Politics.ie Member nonpartyboy's Avatar
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    Fair play to this lady for trying to get the wasters in the dail to actually do what there supposed to do, look after the irish people. Off the top of my head i can think of at least 4 people murdered by people who clearly should have been in custody at the time,it always amazes me how mary harney can get an emergency act through the dail in 1 day ,if something is going to cost the state a few bob, but protecting the public can wait.Que loads of what if's and but's from our legal cohort.

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    Quote Originally Posted by Newsy View Post
    The High Court is to be asked if the state can be held responsible for crimes committed by violent and dangerous offenders while they are on bail.

    The widower of Sylvia Roche Kelly, a 34-year-old mother from Clare who was murdered by an offender on bail while facing two serious charges, has issued proceedings against the state.

    The suit claims the killer should not have been given bail, because he posed a significant threat to the public.

    Sylvia was murdered by Jerry McGrath, a 24-year-old unemployed man from Dundrum, Co Tipperary, at a hotel in Limerick in December 2007. McGrath was on bail having been charged in connection with the attempted abduction of a five-year-old girl in Clonmel the previous October.

    McGrath was also facing charges relating to a serious assault on a female taxi driver.

    Gwen Bowen, a solicitor acting for Lorcan Roche Kelly, confirmed that proceedings have been issued against the state alleging negligence. A complaint has also been lodged with the Garda Siochana Ombudsman Commission.

    The legal action has attracted interest from lawyers, victims’ groups and civil rights organisations because for the first time it may be decided if the government, the courts and the gardai have a legal obligation to deny and oppose bail to suspects who pose a danger.

    State sued for giving killer Jerry McGrath bail - Times Online
    It is a pity that the judge who granted the bail could not be sued.

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    Quote Originally Posted by Glenshane2 View Post
    It is a pity that the judge who granted the bail could not be sued.
    Good point.
    The hurt of one is the hurt of all, the honour of one is the honour of all.

    Native American Indian Traditional Code of Ethics

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    Politics.ie Member Catalpa's Avatar
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    Quote Originally Posted by Congalltee View Post
    It is a bum point. When she loses, she will lose her house. And another chorus of the mob will be shocked on Joe Duffy/P.ie.

    No one yet has quoted the Bail act, whether the State ie gardai objected to bail or whether they had any evidence under the Bail Act that a serious crime was to be committed. Sounds like no.
    If you read the circumstances surrounding the attempted abduction of that young girl

    - you would seriously question what Planet that Judge lives on in granting Bail in the 1st place!

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    Quote Originally Posted by Catalpa View Post
    was on bail having been charged in connection with the attempted abduction of a five-year-old girl in Clonmel the previous October

    Given the shocking circumstances of that case the mind boggles any Judge would grant this individual Bail.

    As I said B4 and I'll say again we need to have Judges chosen by Election of the People.
    A proposal that , no doubt , is inspired by the calibre of person we currently elect to public office.
    Did the Gardaí oppose bail in the abduction case ?

    I think what's needed is a process where, if bail is given against Garda wishes, a quick appeals system to another body should be in place, with the accused remaining in custody in the meantime. It should involve the judge justifying his decision to that body.

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