Tuesday, May 30, 2006

Shut that stable door and pass the crystal ball.

Maybe I should just set myself up with a shawl, hoop earrings and a crystal ball and tour the country. Move over Una Power. I knew ths sort of thing was going to happen after last week's High court ruling, and lo it has come to pass already.


"In the High Court the State is vigorously defending the continued detention of a 41-year-old man, jailed for the unlawful carnal knowledge of a 12-year-old child.

The man, known only as Mr A, is asking the court to order his release from prison following last week's Supreme Court judgment striking down the law on statutory rape.

Mr A was jailed for three years in 2004 for the statutory rape of a 12-year-old girl after he had bought her seven alcoholic drinks. Innocence was taken from a young child, the trial judge commented when he jailed the man.
Today, in the wake of the Supreme Court decision on Section 1.1 of the 1935 Act, Mr A claims his detention is unlawful and he should be released immediately.

High Court judge Miss Justice Mary Laffoy must decide on this application.

It is the first from a convicted sex offender to come before the courts in the aftermath of last week's judgment.

The man admitted committing the offence and never asserted a defence of mistake in relation to the girl's age.

His senior counsel Conor Devally said it is not their case that the conviction or sentence are invalid and they are not asking the court to review the decision of the DPP to prosecute or the actions of the trial judge. They are simply saying that there is no longer a lawful mechanism to hold Mr A. "

See, see how that works? There is no longer a 'lawful mechanism' to hold the poor child rapist. He got a twelve year old drink and had sex with her, he was only given a 3 year sentence and yet here he is bleating to the high court and demanding his 'right' to appeal the ruling.
Fantastic. But what of the victim's right? That girl was 12 years old, he was 41 when he plied her with drink inpreperation for sex. If that is a not predator I don't know what is.

UPDATE-as promised, I am so disgusted I can barely type.

The High Court has ordered the immediate release of the man known as Mr A who was serving a three-year sentence for the unlawful carnal knowledge of a 12-year-old girl.

Ms Justice Mary Laffoy said his detention had been rendered unlawful by last week's Supreme Court decision striking down the law on statutory rape.

The court also found that it did not have the jurisdiction to continue to hold the 41-year-old in custody to allow the State to go to the Supreme Court.

Mr A had claimed that he was being held in prison on a warrant, which is based on a non-existent law.

The man was 38 at the time of the offence and was nearly two years into a three-year sentence.

Senior counsel Gerard Hogan said during legal submissions yesterday that it would be appalling if those who pleaded guilty to very serious offences involving pre-teen children were to get a windfall bonus from the Supreme Court.

22 Comments:

Blogger Twenty Major said...

See, if they just killed pedophiles this wouldn't even be an issue.

Fucking lily-livered, human rights fearing cunthammers.

9:36 a.m.  
Blogger Kim Ayres said...

There are times when I believe that paedophiles should have a forced sex change operation before serving their 3 year term in a men's prison.

10:17 a.m.  
Blogger fatmammycat said...

What's really bad about this is that this man originally entered a guilty plea becaude a guilty plea lowers the sentence as it is supposed to show remorse. But now he's trying to get out through a loop hole. Remorse my arse. If he wins this appeal it will be a travesty.

10:39 a.m.  
Blogger Twenty Major said...

Forced sex change is a good idea. The more forced the better.

For example, we chop off his bollocks and mickey with a rusty shears then make him his very own gee by chopping him between the legs with a hatchet.

I know not everyone will agree with my liberal stance on this matter but I stand firm.

12:58 p.m.  
Anonymous Anonymous said...

There are different types of rape:

http://jopoliticsnsociety.blogspot.com/

http://free-ireland.blogspot.com/

1:31 p.m.  
Blogger Twenty Major said...

As hilarious as those two posts are what is the relevance to this?

And having an argument with somebody on the internet is hardly rape, unless you're a melodramatic cretin.

Frankly that Free Ireland bloke has gone way over the line with his post.

2:17 p.m.  
Blogger fatmammycat said...

I had a look at it Twenty- ridiculous.

2:58 p.m.  
Blogger SheBah said...

FMC - I wouldn't sweat the small stuff on this one - by drawing so much attention to himself, if he gets released, there will be a huge posse of determined folk awaiting to receive him with open arms (and not the cuddling limbs variety)

2:59 p.m.  
Blogger SheBah said...

and FMC/Twenty - have just read those two links from Anonymous - does Ireland have a "Care in the Community" programme like in the UK where they allow the mentally disturbed out into society, or are they supplying computers with internet access in lunatic asylums?

3:25 p.m.  
Blogger Angie said...

Completely ridiculous! People like this need to stay locked up and just rot. But I've been saying that forever and no one listens to me.

Instead, watch, they will release him. And he'll go and harm another child. Then they'll be shocked by some, "we thought he truly wouldn't do this again". Bullfuckingshit! (sorry I swore on your site) There is no cure for people like this. They don't even try. And they don't see anything wrong with what they have done. In fact, many blame the child.

3:38 p.m.  
Blogger Twenty Major said...

SheBah - you could be on to something there.

Is there such a thing as Munchausen's syndrome by Blogsy?

4:10 p.m.  
Blogger fatmammycat said...

Shebah,it's not him per se, but if he win his appeal thinik how many other scumbags-with genuine convictions-will be able to now make a case.
Angie, I'll keep you posted, his appeal went to court today.
Shebah, about those links, I had a look at that spat and I don't even have the words and can't imagine why anyone would even bother popping them up here.

4:14 p.m.  
Blogger KnackeredKaz said...

He's been released. A total disgrace, a grown man plying a 12 year old with drink and then having sex with her. Just disgusting, I have no words. You were right FMC, it barely took a few days for this to happen and think of the rest of them now chomping at the bit to get released.

4:55 p.m.  
Blogger fatmammycat said...

I saw it Kaz, I'm disgusted, I knew this would happen. What I want to know is how this can happen? This man entered a guilty plea, does not carry weight? What about that girl and her parents? Is what he did a crime or not? And if it is why is he not paying for it by completing his full sentence?

5:08 p.m.  
Blogger Andraste said...

I have to admit I didn't think it would be this bad, and happen this quickly... but you were right FMC. Even if looked at on a case by case basis, if THIS piece of shit can get released...

I hope the girl's father tracks this guy down and metes out the punishment he deserves. Something along the lines of 20's thinking would be appropriate.

Plying a 12 year old with drink and then raping her is a far cry from believing a 15 year old when she says she's 17. Where's the common sense?

Twenty, get Bastardface on him.

5:30 p.m.  
Blogger fatmammycat said...

Okay, I've just been watching TV3 news, and it appears there are another 7 offenders waiting to be released under the same technicality. Bertie Ahern said there were other laws there to protect people in this area - and he said no new legislation will deal with the seven people serving sentences under the 1935 Act.
This is bullshit. If there were other measures that man would be in jail tonight.
And another thing this man, Mr A, admitted he knew how old the girl was, so why did he walk free?
The Supreme Court ruled that the law was unconstitutional because it did not allow a defence of making a genuine mistake about the girl's age.
There was no mistake here in ths case.

5:51 p.m.  
Blogger Angie said...

I hate it when I'm right.

damnit!!

And he's going, they are all going, to harm others.

damnit!

7:16 p.m.  
Anonymous Anonymous said...

I have a legal question if anyone could shed light on it......Why was the man not convicted of Rape(rather than statutory)? Was it the case that when an underage girl was involved that statutory was the only law that applied?

8:30 a.m.  
Blogger fatmammycat said...

I believe-and I am no expert- it is becasue originally he was jailed for 'unlawful carnal knowledge' which no no longer exists under Irish law. They are trying to appeal this case now with a new charge.

10:12 a.m.  
Blogger maverick said...

This comment has been removed by a blog administrator.

4:22 a.m.  
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