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Any Legal heads around for assault charge advice?

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Replies: 305
By:
claimingseven
When: 29 Oct 08 18:52
Zipi the security guard in question if he was wearing a uniform he doesnt work for Dunnes prod Brinks security or some other security company.

Did you speak to an actual manager during all of this as the security would have very little authority.

Defo go in and speak to the store manager also bring in evidence of your card being debited etc., its bad form not to have refunded your transaction.

Most of these security Guards have serious *****on their shoulders and thrive on the apparent "power" they have.

Do you mind me asking which store?
By:
zipifried
When: 29 Oct 08 19:02
I was told at time that it had been voided and after contacting my card supllier apparently it will take 30 days to return to my card if they did return it. They probably have refunded it but 30 days was no good for me when i needed it for food for them 2 or 3 days.

He was wearing a uniform for sure. A light blue shirt and tie etc. security guard look. I asked him his name but he got cheeky and would not give it to me. I do not mind giving you the store. It was in the Westside shopping centre in Galway city.

I was told by the Gardai not to go into the store again.
By:
den perry
When: 29 Oct 08 19:08
Zipi - where in the country did this happen? If in the city, my guess is that the judge will throw it out. Something similar happened with my mates a few years ago. In that case sec guard lied and said my mate assaulted him....judge basically called him and the witnesses a liar and threw him out?

Best talk to your solicitor though...

as a matter of interest what do you work at? would a conviction harm your career? Me I could not let it go and would sue the fuc king asr es of the Kunts
By:
MAESTRO OF SWORDS
When: 29 Oct 08 19:14
Zipi charge on the way mate im afraid stupidity explaining anything to a rubber head security gaurd anyway who works on a sunday in dunnes its a manager you speak to about these problems you shouldnt have even explained anything to that cabbage or even called the gaurds yourself when they didnt accept a recognised id
By:
zipifried
When: 29 Oct 08 19:19
I did explain it to some bloke the till woman got over at first and he asked if i wanted to see security. i did not realise at first it was just the poxy security guard. The other bloke who came over first was younger than me and seemed a bit nervous and ran off pretty quickly leaving only the security bloke. The thing is the store let him handle it which is not good practiice by them. It is the security guard who is pressing charges and not the store i assume.
By:
MAESTRO OF SWORDS
When: 29 Oct 08 19:22
Yep he is and more than likely cctv will be used coppers wont defend you once he has that im afraid should have went and caught the young lad that ran away or got him to phone them he'll just want a few bob compo
By:
zipifried
When: 29 Oct 08 19:25
I should have got the other bloke back thinkiing in hindsight. I can not see how he can get any combo when no damage was done. he was working on behalf of the store and they have to be held accountable for his actions which were wrong.
By:
MAESTRO OF SWORDS
When: 29 Oct 08 19:28
""Intimidation hes afraid to work again""your gonna be broke for a while lol
By:
claimingseven
When: 29 Oct 08 19:32
The other bloke who came over first was younger than me and seemed a bit nervous and ran off pretty quickly leaving only the security bloke.........

When you go into see the manager tell him this. You will prob get some poor trainee in trouble but it would help your case as this is poor customer service.

Your e-mail would not have been seen by someone important enough to pick up the phone and ask what went on in Galway.

Damian Reilly Head of security
John Mcniffe Head of Operations
By:
closure
When: 29 Oct 08 19:33
Its a shame you could not have held yourself together during the incident as you would be looking at a nice 5 figure bonus for Christmas if the story is true as you told it. you were slandered, abused, done out of money (your last few bob)and treated like a criminal up until you started acting the thug and now look at the state you are in.
That was some disgrace by Dunnes but the best that can happen now is that they drop the charges and you get to walk away.

As for the people saying give up the gambling that is below the belt. We have all been in your positon at one time or another so let he who has never sinned throw the first stone.
By:
zipifried
When: 29 Oct 08 19:33
There is no way i should have to go to court for this. I was affectively mugged and i objected to it and reacted. Should a man just let himself be robbed and go hungry. I worked in PR for along time and i am sure if this goes any further that i can convince the store in question not to let it happen. "man goes into store and gets robbed by store - is that better value?"
By:
claimingseven
When: 29 Oct 08 19:38
and i am sure if this goes any further that i can convince the store in question not to let it happen.........

Hence going in and talking to the store manager.
By:
zipifried
When: 29 Oct 08 19:42
I can go in tomorrow and ask to speak to the store manger if you are sure it will help.
By:
claimingseven
When: 29 Oct 08 19:50
If you go in and explain your story in full, have the proof and the I.D.s you had and showed the staff member and security and about how the whole situation has effected you etc etc and if charges were pressed against you would be seeking legal advice against Dunnes.
By:
badger's back
When: 29 Oct 08 19:51
world wide web and the galwayman are the legal eagles that post here.wait till you here what they recommend you do.

i worked for dunnes when i was in college 15 years ago and they are a right shower to deal with.their managers were trained to be nasty back then.not too sure now
By:
olddesperado
When: 29 Oct 08 20:08
zip, if your going back in make sure you ring first , you dont want them makeing another complaint to the guards against you
By:
Impressionable youth
When: 29 Oct 08 20:57
goes to show, dont bother getting involved with fools like him. their eveywhere. talk to a solicitor, most will talk to you for free. then go the shop and lick their balls till they feel sorry for you. you dont want to go to court over something stupid that can be resolved beforehand. trust me. if it does go to court, fight them. you were antagonised. { i hope thats a word }
By:
zipifried
When: 29 Oct 08 22:12
I am sure antagonised is a word. I will give them a ring tomorrow rather than dropping in. I will keep you posted.

Claimingseven i will let you know what happens. If you can help it would be much appreciated. This security guard has had time to think about it and should come to his senses but no guarantee on that.
By:
den perry
When: 29 Oct 08 22:16
what town this this happen in?
By:
zipifried
When: 29 Oct 08 22:20
Galway City
By:
den perry
When: 29 Oct 08 22:25
Do you have a lot to lose by getting a conviction?
By:
brainstorm
When: 29 Oct 08 22:27
seems to me you were abused by fools regarding your signature....deformation of character..you could get them on that?
By:
den perry
When: 29 Oct 08 22:28
Zipi - u serious about the new york knicks?
By:
Giant Strides
When: 29 Oct 08 22:31
If the facts he`s given are the absolute truth of the event then there`s more chance of Jesus being resurrected again than there is of him being convicted of a crime. Best of luck with it and take no notice of Buddha boy.
By:
world wide web
When: 29 Oct 08 22:34
closure is correct, you had a good case against them up to the point you assaulted the security guard, now you're on the back foot and would be best advised to make sure you give your statement to the gardai and hope there won't be a prosecution. Not sure going to the store management will help at this stage, this is about the assault on the 'bouncer' and they will most likely fob you off along the lines that they already have!
By:
zipifried
When: 29 Oct 08 22:34
yes Den i am, been following this quite closely and have come across a few very good American tipsters and they are all agreed on New York tonight. at 1.79 of course you still have to take a risk but i am pointing you towards a confident call. Up to you what you do with it.

Defamation of character is exactly what i am thinking of. If i was a 60 year old woman they would never have questioned me.
By:
ColdTurkey
When: 29 Oct 08 22:35
Options:
1.Ring Joe
2.Get your mates to kick the living sh_ite out of him
3.Get legal advice and about potential for suing them for slander,false imprisonment. You should be able to get a free consultation with a sol.
4.Send a Registered letter complaining with copy of your CC statement. Tell them your are going to the media about this. They will ring you immediately to apologize and to make amends.

Don't let this go. Theres too many of these fu_ckwits about these days.
Good luck and hope it goes well.
Good luck!
By:
tradetrends
When: 29 Oct 08 22:37
I used to work in retail ....... do NOT go back in. Your attitude should be that you'd never dream of entering the store again since you were publicly slandered and would feel threatened/intimidated etc.... Ensure you have a witness with you for any further face to face dealings. Start with a letter of complaint ...... imo you could still do well out of this if you play your cards right ...... best of luck ....
By:
den perry
When: 29 Oct 08 22:38
to prove defamation under the law of Torts you have to prove two things:

They lied about you
These lies damaged your character

might be difficult to prove, however lots of people that are wrongfully accused of shoplifting successfully sue, but I don't think the take the defamation route
By:
den perry
When: 29 Oct 08 22:40
I'd definitely agree with Cold Turkey....solicitor is your first port of call (just make sure to bring id and proof of your signature lol)
By:
zipifried
When: 29 Oct 08 22:41
WWW i know what you are saying about having a good case but the fact i was aggressive towards security guard gives them a get out. Surely though the fact i only was threatening and did not make contact with him ( that is the truth btw) is understandable given the situation. The fact he has said i headbutted him and his 2 friends are backing up is further slander. His 2 witnesses were sitting behind him. The old man witness was adament that i headbutted him but when in front of gardai when i asked him where he was sitting and could he be absolute certain i made contact, he was not so sure.

This basically comes down to his word and 2 witnesses against mine and evidence is there was no injuries. I was told their was no cctv but i suspect they could find some and that is fine by me.
By:
world wide web
When: 29 Oct 08 22:45
There had been a defamation, he was accused of presenting/using a false instrument.
There was no false imprisonment!

Section 2 Assault:-

[i]2.
By:
tubbsy.
When: 29 Oct 08 22:46
call in the boys of the old brigade to have a few words with him?
By:
world wide web
When: 29 Oct 08 22:46
you don't have to make contact for it to constitute an assault.
By:
zipifried
When: 29 Oct 08 23:09
Tubbsy, they did ask me was i a Republican down at the station after they released me.
By:
claimingseven
When: 29 Oct 08 23:20
I understand what tradetrends is saying about not going back in but then it would just be down to the alleged assault explain your story keep dunnes involved they wouldn want the hastle.

If the store manager sees your side of the story then a quiet word from him to security could have the whole thing dropped and forgotten about. The manager would know what the security guard was like and he might think he is an asrehole too or instances like this have come up before,and he will try and protect the shops reputation and avoid bad publicity.

Going in also adds a personal touch and shows you are eager to resolve the situation quietly and quickly,he would take maybe 30 calls a day and you would be forgotten about.

Best of luck.
By:
timberman
When: 30 Oct 08 13:17
Best way out is to say your a traveller ! all charges will be dropped and you'll be treated like royalty and more than likely given multi vouchers for various businesses!
By:
Little Des
When: 30 Oct 08 13:20
YOU put the nut into a man on minimum wage and YOU want an apology !!!

Did I misread your story ??
By:
badger's back
When: 02 Nov 08 21:39
any update zipi
By:
zipifried
When: 03 Nov 08 13:25
I decided not to go into the store again. I was told to come back after a week by the Garadi to make a statement. I will go in on Thursday if i don't hear anything in meantime. If he has made a statement like he said he would then i will make mine and approach a solicitor with the purpose of suing the supermarket for defamation. I will also contact the names claimingseven gave me and see if they can sort it out and get the charges dropped.
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