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Thread: Romanian beggar loses High Court case against her conviction

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    Politics.ie Member borntorum's Avatar
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    Default Romanian beggar loses High Court case against her conviction

    Mr Justice John Hedigan in the High Court has described a beggar's constitutional challenge to her conviction on a public order charge as 'proposterous' and 'without merit'.

    Carmen Ilie (20), a native of Romania with an address at Cabra Park, Dublin, was convicted of wilfully obstructing a female passerby in Dublin city centre late at night.

    Mr Justice John Hedigan said the judicial review proceedings on behalf of Ms Ilie were “unstateable” given the evidence.
    The case arose from a decision by District Court Judge Mary Collins in December 2009 to convict Ms Ilie of an offence under Section 9 of the Criminal Justice (Public Order) Act 1994 after she admitted blocking a person’s free passage on Aston Quay, Dublin, on August 22nd, 2009.

    A garda gave evidence he saw Ms Ilie pull on the woman’s handbag strap.

    Judge Collins sentenced Ms Ilie to be bound to the peace on condition she stay outside the Temple Bar area. After Ms Ilie refused to enter into that bond, the judge imposed a €200 fine.
    Ms Ilie attempted to argue that begging was constitutionally protected free expression:

    If the facts of the case could amount to an offence under Section 9, it was also submitted Ms Ilie was entitled to defend the charge on grounds of her constitutional right of freedom of expression in the course of begging. It was argued a person has a constitutional right to beg and the purpose of Section 9 was to prevent people blocking roads with barriers or protests.
    The judge decided that he didn't have to hear from lawyers for the DPP; he believed that the plaintiff's case was so poor that he dismissed it without the other side having to give evidence.

    'Preposterous' begging case dismissed - The Irish Times - Thu, Oct 21, 2010

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    who represented her? who will pay her legal fees?

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    Quote Originally Posted by Tom Sawyer View Post
    who represented her? who will pay her legal fees?
    You paid, of course.

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    Politics.ie Member Catalpa's Avatar
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    Quote Originally Posted by Tom Sawyer View Post
    who represented her? who will pay her legal fees?
    How can a destitute beggar from Rumania afford a house in Cabra Park?

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    The solicitor who took this case [Con Pendred] should have his arse kicked around the Four Courts and then into the Liffey for permitting such a monumental waste of valuable superior court time to occur.

    Was it a Legal Aid case? If so the LA Board has to be fully apprised of this absurd abuse of the Irish taxpayer's hard earned dosh. And a Romanian beggar to boot. Does she even have a right under EU law to be here if she doesn't have means.

    It really is disgraceful that a state can be abused in such a fashion and on so many counts. It's a sick joke.

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    Politics.ie Member borntorum's Avatar
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    Quote Originally Posted by Dohville View Post
    You paid, of course.
    Well actually:

    He awarded costs to the DPP against Ms Ilie and lifted the stay on her conviction and fine which was in place pending the outcome of the High Court case.
    Whether the DPP will be able to recover his costs from her is of course a different matter

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    Quote Originally Posted by Dohville View Post
    You paid, of course.
    We should follow the french and send them all home.

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    Quote Originally Posted by Catalpa View Post
    How can a destitute beggar from Rumania afford a house in Cabra Park?
    HSE rental allowance.

    Worth a few bob to "the most vunerable members of society".

    Oh by the way the taxpayer gets the bill.

    I think its called "social justice".

    Ah sure Jaysus, wouldnt ya need a sense of humour.

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    Politics.ie Member borntorum's Avatar
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    Quote Originally Posted by McDave View Post
    The solicitor who took this case [Con Pendred] should have his arse kicked around the Four Courts and then into the Liffey for permitting such a monumental waste of valuable superior court time to occur.

    Was it a Legal Aid case? If so the LA Board has to be fully apprised of this absurd abuse of the Irish taxpayer's hard earned dosh. And a Romanian beggar to boot. Does she even have a right under EU law to be here if she doesn't have means.
    My guess would be that the solicitor took it on a 'no win, no fee' basis. I doubt he was banking on his client being fixed with costs in the event of her losing. Although she probably has no assets of her own.

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    I don't really have a problem with people begging, provided that they don't obstruct other people as the woman in this case seems to have done.
    Repeal the 27th.

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