Wednesday, 21 January 2009

Jail the judge!


Bartender Martin Prokopec was on is way home in the early hours of November 1, 2004 when he bumped into Bryan McBarron on Arklow's Main Street and fell into conversation with him. The barman gave McBarron a cigarette and went to walk away after declining to give him a second one.
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But McBarron ran after him with a knife and stabbed him several times in the head and face. As well as the stab wounds, Mr Prokopec was left with fractures near his eye and cheek bone, exposed tendons on his hand and injuries to the abdomen, back and scalp. The brutal attack left the Slovakian man fighting for his life.

The case came to court in December 2005 at which point Irish justice swung into action. Judge Pat McCartan gave McBarron, who also had previous convictions for drink driving, criminal damage and possession of a flick knife, a two-year sentence at Wicklow Circuit Criminal Court.
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Two years! But it gets better. Because this particular Mad Judge then suspended the sentence, and this violent thug walked free from the court.
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Well done ‘learned’ judge.
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Now fast forward to June 2007, where this beauty stabs to death the daughter of an eminent cardiologist. As the Irish Independent delicately put it (musn’t upset the ‘learned’ judges now, and risk contempt of court) “McBarron was only free at the time of the murder because a judge suspended a two-year sentence for a brutal attack which left a Slovakian man fighting for his life.”
In other words Sara Neligan would be alive today if this prick of a judge had done his job and put McBarron away for about 20 years. And we wonder why our murder rate goes up and up.

7 comments:

Kilbarry1 said...

Regarding Judge Pat McCartan, the following is an article from the Irish Times on 30 July 2004. Judge McCartan stopped the sex assault trial of a priest because the Defence lawyer had the accuser on the ropes. It was clear that she was "mistaken" about the date of the alleged assault. Moreover she had made her claim immediately after her father had lost a High Court dispute with the priest over land.

I HAVE NEVER BEFORE HEARD OF THE JUDGE HALTING A TRIAL BECAUSE THE DEFENCE WAS MAKING MINCE-MEAT OF THE PROSECUTION. Normally this only happens if the PROSECUTION has engaged in unfair tactics!

I'm sure that when the second trial was held a few months later, the accuser managed to get her story straight. However Father Conroy was acquitted anyway. He was lucky!

Judge Pat McCartan is a former member of the highly anti-clerical Workers Party. (Maybe his Workers Party background had something to do with his decision in the McBarron case also? The Priests are evil but the Workers can do no wrong!)

Irish Times Article, 30/07/2004
Retrial For Priest On Sexual Assault Charges

The trial of a former missionary priest, Father Chris Conroy, for sexual assault of a 14-year-old girl collapsed at Wicklow Circuit Court yesterday after Judge Pat McCartan ruled that the credibility of the witness, now a young woman, may have been unfairly damaged.

He also ruled that the veracity of the witness's father may have been unfairly called into question.

Judge McCartan remanded Father Conroy on continuing bail and ordered that he face a retrial on two counts of sexual assault.

After hearing legal argument from Mr Paul Murray SC for the Director of Public Prosecutions, and Mr Richard N. Kean SC for Father Conroy, Judge McCartan said issues of truth and credibility had arisen during cross-examination which may have influenced the jury.

He said the young woman had been cross-examined "very vigorously" on a number of matters. These were central to her credibility and her truth and particularly related to the date of an alleged assault, which she maintained had happened after a shopping trip to DĂșn Laoghaire in Dublin when Father Conroy had bought her clothes.

She had initially maintained that she had attended a disco on the evening of the alleged assault.However, Mr Kean had produced Father Conroy's credit-card statement which he said proved the date in question was June 1st, 2000, while the attendance book at the disco, signed by the witness, was for June 2nd.

Judge McCartan said Mr Kean had asked: "If she was wrong about that could she be wrong about everything?" The judge told the jury that it had been "particularly well established that she was wrong".

However, Judge McCartan said it now transpired that this view of the witness's evidence might not have been correct, "and I emphasise that very strongly, may not have been correct".

The woman had been "put to the pin of her collar", and the jury had seen her discredited, but "it may have been a wrong premise". He added that the position of the witness "could not have been put right [by continuing the trial\] if it was ever wrong".

In discharging the jury, Judge McCartan also explained that the woman's father had been accused of not making a formal complaint about the alleged assault until after he lost a High Court dispute with Father Conroy over land.

It had been suggested to the woman's father that an affidavit he had sworn on July 17th claimed the priest had been the subject of a formal complaint. In fact, the formal complaint was not initiated at that date.

Judge McCartan told the jury it was later found that the reference to a formal complaint actually came from an affidavit filed on a later date, when the formal complaint process had in fact been initiated. The effect was to suggest that the woman's father had "sworn a falsehood when it might not have been and probably was not the case.

"It would be unfair to allow this trial to continue," he concluded.

http://www.oneinfour.org/news/news2004/retrial/

Elwood McAfee said...

May there come a day when the elitists that wrecked our countries are dragged into the streets by angry mobs that tear them to pieces.

latté island said...

This reminds me of a recent murder in San Francisco. The perp had a record of slashing a complete stranger's face for no reason, and the judge gave him probation. Then the same thug went on to murder someone else he'd never met. It's the murder cases that get attention, but all the lower level violence is related. Most violent thugs have long rap sheets. They keep robbing, raping, assaulting, and they get plea bargains that put them back on the street in a couple of months, if they even serve any time. Then when they inevitably kill some innocent like this bartender, people finally pay attention.

Anonymous said...

I agree Elwood. Problem is, the contempt ogf court restrictions are so great that it's hard to mobilise action.

Anonymous said...

Not unlike the story recently of some 'enrichers' in England raping and disfiguring a child with learning difficulties,receiving a pathetic 6 and 9 year sentence, which even Baroness Scotland (Not Scottish) seems to think is too lenient. These judges seem to be falling over themselves to appear 'tolerant' and 'liberal'. Unfortunately it's never these tossers families who get affected.

Anonymous said...

Think of it this way. If he was a cultural enricher whose 'culture' permitted such things, he'd probably be still out on a suspended sentence

Kilbarry1 said...

Re my first comment - some people may (plausibly) think that I have a different agenda from the rest of you regarding Judge McCartan. You are all rightly concerned that he imposed a riciculously low sentence on a vicious criminal who then went on to murder a woman.

OTOH I object to the way he sabotaged the trial of a priest - and forced a second trial - because the priest's lawyer was running rings around the accuser.

However these are not two seperate issues. They are BOTH about the triumph of ideology over common sence!