THe Conor Mcgregor thread

[Pakied]

civil case is perfect for this. People might be angry at the DPP but that’s a much higher bar. There’d have been extensive damage done if Conor McGregor was up for rape in Dublin Circuit Court and gatched out of court after being acquitted.

The DPP made a complete shambles of the Hutch trial, they built the case on the witness Dowdall, he proved to be a disaster. Hutch walked free man.

 

[Clairecarebear]

Lying to her partner is problematic on terms of credibility even though I understand why she did it.

Where does the recording of her conversation with her boyfriend lie in terms of its weight in evidence?
I thought recording an interaction with someone was a big no no in terms of court? I absolutely stand to be corrected but I have come across it being done and the recorder not being able to use it?

 

[TheRebelRoar]

Too many holes in this ones story tbqphwy.

 

[hurley68]

There isn't an objective test so it will be a matter for evidence.

Not being the smart ass here,but in lay man's terms..what does this mean.?

 

[Matlock]

Not being the smart ass here,but in lay man's terms..what does this mean.?

So, imagine it like the difference betwee drink driving and dangerous driving.

For drink driving, there is a test. You either pass it or fail it. There isn't generally any room for opinion about it.

For dangerous driving, there isn't a test. It is a matter of the guard giving evidence of what you were doing, maybe cctv or whatever, and a Judge deciding on the evidence whether or not that amounts to dangerous driving.

There isn't a test (like a breathalyser, blood test etc) what we can do to determine is someone is incapable of giving consent, so it is a matter of the Judge/Jury listening to the circumstances and deciding whether the person was capable of giving consent or not.

A major issue with it is blackout. If someone is blackout drunk/drugged they may be able to say that they consent, but in reality are probably not capable of consenting.

 

[Matlock]

Where does the recording of her conversation with her boyfriend lie in terms of its weight in evidence?
I thought recording an interaction with someone was a big no no in terms of court? I absolutely stand to be corrected but I have come across it being done and the recorder not being able to use it?

If the recording is done without consent or even with one party consent, it is often deemed inadmissible. If both parties consent to it, that makes it easier to get in.

Also, the rules around it are more strict in criminal and family cases than civil ones in my experience.

I am not familiar with the particulars of how the conversations got recorded or admitted in this case though, so that's just a general musing of an answer!

 

[JimmyBarrySmurph]

If the recording is done without consent or even with one party consent, it is often deemed inadmissible. If both parties consent to it, that makes it easier to get in.

Also, the rules around it are more strict in criminal and family cases than civil ones in my experience.

I am not familiar with the particulars of how the conversations got recorded or admitted in this case though, so that's just a general musing of an answer!

I know a guy who audio recorded his wife and her lover in the family home and in the family car. When he told the wife he knew of the affair she denied it of course. He then mentioned the recordings. She called the guards and he was put out of the house that day (a house he built himself) never to return again. The wife got a court order sealing the recordings!!
So, be careful out there folks

 

[Clairecarebear]

If the recording is done without consent or even with one party consent, it is often deemed inadmissible. If both parties consent to it, that makes it easier to get in.

Also, the rules around it are more strict in criminal and family cases than civil ones in my experience.

I am not familiar with the particulars of how the conversations got recorded or admitted in this case though, so that's just a general musing of an answer!

Thank you

 

[Matlock]

I know a guy who audio recorded his wife and her lover in the family home and in the family car. When he told the wife he knew of the affair she denied it of course. He then mentioned the recordings. She called the guards and he was put out of the house that day (a house he built himself) never to return again. The wife got a court order sealing the recordings!!
So, be careful out there folks

She didn't get a barring order on the basis of him recording her. It isn't a ground for a barring order application.

Also, we don't have court orders sealing private records in a case like that. We have no fault divorce in this country so he neither needed evidence that she was cheating, nor would it be taken into account in court proceedings.

There is more to that story than you've been told!

 

[Clairecarebear]

I know a guy who audio recorded his wife and her lover in the family home and in the family car. When he told the wife he knew of the affair she denied it of course. He then mentioned the recordings. She called the guards and he was put out of the house that day (a house he built himself) never to return again. The wife got a court order sealing the recordings!!
So, be careful out there folks

Yes I've dealt with patients of similar situations in that recordings cant be used. Usually fathers trying to prove they are not doing as its claimed they are.