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Thread: Latest lunacy from our learned friends. Do we need new constitution and new judges?

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    Politics.ie Member leftsoc's Avatar
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    Default Latest lunacy from our learned friends. Do we need new constitution and new judges?

    Supreme Court: Correct to acquit woman who had cough and chest infection - Independent.ie

    This verdict is so daft it needs no analysis from me. It is just the latest in a long line of mad judgements.

    This woman (and thousands more are free to give the same explanation in the future) may have got off with driving while plastered because the judges accepted the view of a doctor that she had a chest infection on the day previous to his examination (for which he seems to have no first hand evidence) . No expalanation seems to have been adduced that any chest infection could prevent one from giving a breath test in any case.


    Only in Ireland.
    Last edited by leftsoc; 13th March 2013 at 12:39 PM.

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    Politics.ie Member emulator's Avatar
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    Quote Originally Posted by leftsoc View Post
    Supreme Court: Correct to acquit woman who had cough and chest infection - Independent.ie

    This verdict is so daft it needs no analysis from me. It is just the latest in a long line of mad judgements.

    This woman (and thousands more in the future) will get off with driving while plastered because the judges accepted that a doctor asserted she had a chest infection on the previous day (for which he seems to have no first hand evidence) . No evidence seems to have been adduced that any chest infection could prevent one from giving a breath test.

    Instead our learned friends put all faith in the evidence of their learned medical friend.

    Only in Ireland.
    Maybe they should've slammed her into a radiator ?

    Seriously though this is an unbelievable judgement. As you pointed out there will be people with permanent chest infections driving around our Country. Although, I'd like to see the outcome of someone from Drimnagh trying this.... (No offence Drimnagh)

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    A story from the indo
    This verdict is so daft it needs no analysis from me.
    Code: I didn't read the judgment, I don't understand the law and I'm not bothered finding out.

    It is just the latest in a long line of mad judgements.
    Daily Mail type cliche. Please provide links to the ten maddest judgments (not the press report, the judgment find them here Courts Service of Ireland)


    Instead our learned friends put all faith in the evidence of their learned medical friend.
    You appear to think that being "learned" is a put down.

    Only in Ireland.
    And every other country which applies the rule of law, fair procedures, presumption of innocence, burden of proof on the prosecution.

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    Politics.ie Member Aindriu's Avatar
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    More fool the gardaí for not requesting blood or urine at the time and not calling in the duty doctor. More fool the DPP too for trying to convict on a technicality.
    If you continue to elect idiots in elections, don't be surprised when the result is an idiotic government.

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    Quote Originally Posted by emulator View Post
    Maybe they should've slammed her into a radiator ?

    Seriously though this is an unbelievable judgement. As you pointed out there will be people with permanent chest infections driving around our Country. Although, I'd like to see the outcome of someone from Drimnagh trying this.... (No offence Drimnagh)
    None taken.
    I was ready to love the world, but no one understood me, so I learned to hate.
    - Mikhail Lermontov

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    Quote Originally Posted by leftsoc View Post
    Supreme Court: Correct to acquit woman who had cough and chest infection - Independent.ie

    This verdict is so daft it needs no analysis from me. It is just the latest in a long line of mad judgements.

    This woman (and thousands more are free to give the same explanation in the future) may have got off with driving while plastered because the judges accepted the view of a doctor that she had a chest infection on the day previous to his examination (for which he seems to have no first hand evidence) . No expalanation seems to have been adduced that any chest infection could prevent one from giving a breath test in any case.


    Only in Ireland.

    Can you point out the bits of the judgement that is mad, as you must have read it in detail, a direct link follows. DPP v Cagney

    BTW Justice Clarke is an excellent judge.

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    Politics.ie Member Sync's Avatar
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    It's the right call.

    Mr Justice Frank Clarke, on behalf of the three-judge Supreme Court, rejected the DPP's argument that the natural and ordinary meaning of the words in Section 23 meant that for a person to avail of the defence, they must offer to give blood or urine and do not have to be "called upon" (by the garda) to do so.
    This is a Garda muck up. If you say you can't give breath, then you bring them to the station immediately and take blood/urine. The DPP's position is that she should have offered to do and her failure to do this was an indication of guilt. It's not.

    Don't know what the DPP are talking about that this will lead to a large number of cases. If there are a large amount of people being prosecuted on the basis that the gardai stuffed up, then that's not the people's fault.
    I'm living in America, and in America, you're on your own. America's not a country. It's just a business. Now f***ing pay me.

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    Urine tests are the way to go.

    To save on money they should be taken by the road side.

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    Quote Originally Posted by emulator View Post
    Maybe they should've slammed her into a radiator ?

    Seriously though this is an unbelievable judgement. As you pointed out there will be people with permanent chest infections driving around our Country. Although, I'd like to see the outcome of someone from Drimnagh trying this.... (No offence Drimnagh)
    If you read the judgement you would see why your statement does not stand. All AGS have to do is say fine lets go for blood or urine sample.

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    Quote Originally Posted by Sync View Post
    It's the right call.



    This is a Garda muck up. If you say you can't give breath, then you bring them to the station immediately and take blood/urine. The DPP's position is that she should have offered to do and her failure to do this was an indication of guilt. It's not.

    Don't know what the DPP are talking about that this will lead to a large number of cases. If there are a large amount of people being prosecuted on the basis that the gardai stuffed up, then that's not the people's fault.
    Just to clarify this s in relation to the breath test in the station, as as the accused is already in the station all AGS need to do is ring the Doctor.

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