The official NATIONAL court report thread

[SoundMan]

All I take from this is that only 1 person had a knife. That's where excessive force comes from. If the deceased had a knife too all bets would have been off.

If the child had been beaten to death by his assailant that would have been better would it? Where is the line drawn exactly? How much of a beating should the youngster have taken before the use of a weapon would have been justified?

 

[SoundMan]

Yes, and if the deceased had been attacking rather than retreating.

Nally wasn't retreating (other than to go in and reload his weapon) when he shot dead Frog Ward who was retreating. Are there different laws at play here, or just different interpretation of the same laws?

 

[SoundMan]

I never said that, at all.

I said that the jury are equipped to assess its reliability because they actually got to hear it. If you had ever been to a criminal trial you might understand that.

The jury heard all of the evidence (not just the bits you are choosing from media reports of the case). Therefore, they are better able to assess the case than you are. That is a matter of fact, rather than opinion.

In your opinion, have a judge and jury trial EVER come to the wrong verdict? And if so, could that not also be the case here?

 

[SoundMan]

As I understand it he did not grab what was near, he went into the kitchen a chose a knife.

He also, as I understand it, stabbed him when he was leaving the house. If he had used the same level of force while the deceased was attacking him or advancing to attack him, that would probably have been deemed to be reasonable. Same if the deceased had brandished a knife or other weapon.

But to stab to death an unarmed person while they are retreating is excessive force.

Yeah, how very dare the child not be wide awake at three in the morning waiting in the hall just in case some drunken man might break into his house and he could then confront him in the hallway, rather than being in bed and being viciously assaulted there instead.

Seriously Matty

 

[SoundMan]

Oh don't start that utter bollocks about Court of law versus Court of justice. I have already explained it to you too many times. You can't change the meaning of words just because you want to.

What makes you think that Mr Kerrie was paying for his own defence?

The bollocks is the absolute ardent belief that the Court of Law is always a Court of Justice when at times it evidently isn't. If the Court of Law is always a Court of Justice then there wouldn't be much need for appeal would there?

Do you accept that cases involving judges and juries have been overturned with good reason or don't you?

I didn't say he was paying for his own defence, I said he mightn't have been able to afford a top lawyer. He might have had one provided him by the state - they're not always the best you know.

 

[dennisfallen]

If the child had been beaten to death by his assailant that would have been better would it? Where is the line drawn exactly? How much of a beating should the youngster have taken before the use of a weapon would have been justified?

No. Not sure. Only enough that he felt his life was threatened.
Is that OK?

 

[Hank Scorpio]

'Retired Deputy State Pathologist Dr Michael Curtis testified that the level of force involved in the stab wound was moderate. The witness agreed with defence counsel that, had the 25-year-old deceased been moving forward at the time, this would have contributed to the level of force'.


Yeah sounds like he was headed out the door alright

 

[Dual Star]

Mmmmmmmmm, I wonder if it was a 17 year old girl who was subjected to the same AGGRAVATED burglary as in this case what would the outcome have been ??

 

[Hank Scorpio]

Ah sure this jury heard all the testimony so they obviously came to the right verdict. Never mind the previous jury that didn't.

The courts in Ireland always get it right.


'Excessive force' my hoop.


Power broke into Kerrie's home and attacked him and his mother. He wasn't calling in for a cup of tea. He intended to do harm.

If not for Kerrie's actions then we could have been reading about a 17 year old battered to death.

 

[doppellanger]

Mmmmmmmmm, I wonder if it was a 17 year old girl who was subjected to the same AGGRAVATED burglary as in this case what would the outcome have been ??

The vic wasn't armed, was he? In which case it wasn't AGGRAVATED burglary.