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Any Legal heads around for assault charge advice?

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Replies: 305
By:
Chester J Lampwick
When: 30 Nov 08 20:36
Westside Galway would be like the Ballymun of Dublin
By:
slickster
When: 30 Nov 08 21:09
think ballamans advice is very very sound zipi.......
By:
zipifried
When: 01 Dec 08 13:44
Sound advice maybe. Just got another call from Gardai to tell me he has made his statement and is pressing charges. I am stunned he is being so petty. His response to the counter claim was that it would be against supermarket and not himself.
By:
zipifried
When: 01 Dec 08 14:02
FAO CLAIMINGSEVEN

Have you got a contact number for Damian Reilly the head of security? Looks like i need to speak to him after all.
By:
ballaman68
When: 01 Dec 08 17:52
Zipi i fear the the security guard is not being petty at all , but is laying the foundation for a civil case against you. IF he were to get any sort of a conviction against you then it would strengthen his chances in a civil case.

again i hope im wrong.

At this stage i would get my solicitor to spaek to dunnes mgmt and encourage their security guard to back down in order to avoid a counter claim and bad publicity for them.
By:
zipifried
When: 01 Dec 08 17:59
ballaman, what do you think he is going to claim for in civil action against me? There was no damage whatsoever to him. I honestly can't believe this at all. I was the victim in this but yet i am the one being charged and having to defend myself in court. This guy is not very bright and i feel he does think he will get some sort of compensation from me. I can tell you now no matter what he will not be getting a penny from me.

Can you recommend any lawyers? I contacted a few by email but i will be going around tomorrow making appointments to find a good one and possibly one that will work pro bono. I don't see why i should have to find money to find a good lawyer for this.
By:
thegalwayman
When: 01 Dec 08 18:01
Zipifried, you are surely having a laugh. Tremendous fishing.
By:
zipifried
When: 01 Dec 08 18:07
I wish i was galwayman but unfortunately i did get a call today to say that the security guard had made his statement last Friday (it took that long because the Gardai dealing with it was away for a few weeks after incident). I now have to make my statement tomorrow, i went to do that 2 weeks ago and the Garda got 2 sentences done before crumpling the page and suggesting when he speaks to the SG that he believes it will be dropped, it wasn't though.

Galwayman, you know the area i take it. Any suggestions on good lawyers?
By:
ballaman68
When: 01 Dec 08 18:08
thats the way these people think, hes been in the pub with his mates and they have all told him that hes in for a big windfall, thats the only reason i can see for him filing a complaint against you.

the thing is even though he was a total pri ck with you ,and they treated you very badly, your forehead touched his forehead, however slightly that it was , it is technically a headbutt/assault, thats the way the law works. even if the judge takes your side and you get off with a caution it will strengthen his case.

forget about a pro bono solicitor and go get some advise rapid.you may still be able to head this one off at the pass with a few well worded letters.
By:
thegalwayman
When: 01 Dec 08 18:12
They are all good in Galway...
By:
claimingseven
When: 01 Dec 08 18:19
Zipi,

I know i am aftertiming here but why o why didnt you take my advice and speak to the store manager at the time. No point contacting Head Office now its in the hands of the Guards.

As for a counter claim i am no galwayman but you would be a big price to be successful.

Look on the brightside, 3 square meals a day in Mountjoy!
By:
zipifried
When: 01 Dec 08 18:23
Ballaman, his witness to the alleged assault was his friend and old man, sitting directly behind incident (about 5 metres) . I approached security guard and looked him in the eye face to face (centimeters from his head) There was no headbutt, foreheads touched to the same degree your hand might touch somebodies coat when you brush past them. Remember this man had robbed me legally and laughed about it. i actually held back from hitting him, it could be said he moved forward and that is were the minimal contact came. he also struck me with his fist after this.

I understand you when you say it is technically deemed assault, can i press charges against him for pushing me out of way from door before this happened? more contact was made then.
By:
zipifried
When: 01 Dec 08 18:26
claimingseven, it was the garda who advised me not to go back in store but he did advise me to contact the name you gave me. I tried to contact him but no success.
By:
ballaman68
When: 01 Dec 08 18:28
im on your side zipi, im just being devils advocate here, maybe you can but at this stage it would be seen as a vexacious claim.

his mates will testify to his benefit, thats why you are in 2nd place here.

get a solicitor and get on to dunnes mgmt and encourage them to make all this go away.
By:
claimingseven
When: 01 Dec 08 18:31
Best of luck with getting in contact with him very hard man to pin down this time of the year. I will try get you a number for somebody else tomorrow who you can explain the story to.

Never ever ever take advice off a Guard.
By:
zipifried
When: 01 Dec 08 18:33
I agree it would look petty on my behalf but it would make the point. Some people on this thread suggested hurling sticks would do the trick. For justice to prevail we are all encouraged to bide by the law, common sense seems to be ignored with the law in many forms. Is it any wonder people do seek other means of justice? I will not be able to get a good lawyer because they cost a lot of money i am not prepared to pay. The only other way is to play the game and fight fire with fire the way i see it.
By:
zipifried
When: 01 Dec 08 18:34
appreciated claimings even
By:
zipifried
When: 01 Dec 08 18:43
Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender

Can his claim be just this? i think so and the Garda did also last time i was talking with him.

At least i have learned a new word.
By:
The Gotchee
When: 01 Dec 08 19:05
There is always two sides to every story, unfortunately we have got only one side here. If you are looking for some support go to the citizens information centre.
A a matter of interest why did you post this drivel on the Irish sports section of betfair. I suspect it is not the only bang on the head you ever received.
By:
zipifried
When: 01 Dec 08 19:25
Don't open it then if you don't want to read it Gotchee. It was to gauge what sort of reaction and get advice from decent people who are able to determine the pros and cons of situations and possible outcomes from them. Not unlike gambling. You were unable to work that out yourself Gotchee, not one i would be taking any tips from in the future.
By:
The Gotchee
When: 01 Dec 08 19:51
" i reacted by squaring up to him and putting my head into his head. Minimal contact was made as it was merely to give him a fright"

GAME SET AND MATCH TO THE SECURITY GUARD

This sort of bully boy behaviour cannot be condoned. The best you can hope for is an adult caution, of course that is if you are an adult. By your juvenile behaviour I suspect you may not be.
By:
zipifried
When: 01 Dec 08 19:57
Gotchee, pot and kettle come to mind with you. Nothing bully boy about defending yourself when you have been robbed. It is people like you who fail to see the truth and stick their nose in the air at the first sign of aggression. Now run away and hide now wee girl.
By:
badger's back
When: 01 Dec 08 20:04
claimingseven 01 Dec 19:31
Best of luck with getting in contact with him very hard man to pin down this time of the year. I will try get you a number for somebody else tomorrow who you can explain the story to.

Never ever ever take advice off a Guard.


without doubt the best advice ever given on a public forum
By:
zipifried
When: 01 Dec 08 20:11
Too right. It's ironic in a way when i think back to about 5 years ago i was arrested for refusing the guards to search my pockets, it was the 4th time in 2 weeks either by chance or other. I was in the right to refuse i thought as it had become harassment. I was hand cuffed and beaten in the back of the car, trailed from the car in hand cuffs and beaten with feet and their bats. I suffered a broken foot and a nasty gash to the eye which was pouring with blood. I was released like every other time as there was no reason to search me.

I never made a complaint. Do they have that in their files?
By:
The Gotchee
When: 01 Dec 08 20:13
What do you call a clairvoyant midget who escaped from prison?
A small medium at large.
By:
badger's back
When: 01 Dec 08 20:23
i reckon they would zipi knowing them.

fwiw i would defo let the whole thing go.
that clown has 2 witnesses.thats what worries me.
you're beating yourself up over this.its not worth it.

forgiveness is a great thing.

let it go and enjoy your Christmas
By:
The Gotchee
When: 01 Dec 08 20:26
It is amazing how you are in the right all the time. I think your last coment there has just killed this thread. As I suspected this is a wind up.Time to zip it, zippy.:^0
By:
zipifried
When: 01 Dec 08 20:35
not a wind up at all Gotchee, things like police assaults are very common m8

Badger his 2 witnesses were sitting behind the incident, all they would have seen is myself approaching him closely in an aggressive manner. They can not say for sure from that angle what happened. One was old and one was a foreign national who could not speak much English. The fact remains there was no injury at all and the Garda called out can verify that. The thing is Badger it is not being let go as the bloke is definitely pressing charges and is not worried about the counter claim as he says that is not against him. There is no doubt he thinks he has a case for a pay out of some sort.

The cctv camera proved inconclusive as they were too far away but can prove the witnesses were behind incident.
By:
ballaman68
When: 01 Dec 08 20:52
Zipi when is it going to sink in, that no matter what angle his mates were at in relation to the "butt" they will say that they SAW you hit him.

its not fair but thats the way it will pan out.
By:
badger's back
When: 01 Dec 08 20:56
sorry i forgot hes pressing charges.i'm sure dunnes mgmt will sort that if you threaten legal action.
nightmare for you
By:
zipifried
When: 01 Dec 08 20:57
What i am saying is that they can not possibly say i did when i did not, that is the main thing here - he was not stuck, i was the one struck with a fist.
By:
zipifried
When: 01 Dec 08 21:00
*struck. They would be lieing to say they definitely seen me do this. What they saw is myself approach him and my head to be close to his. They assumed i hit him, the old man after the incident when the Garda were there said i did and i said right there and then for him to pint out the injuries, there was none. It was plain to see for everybody that there was no injury and that he was not struck. If i had head butted him he would definitely had obvious injuries. That is what i am trying to get into your head and theres.

Devils advocate views appreciated.
By:
The Gotchee
When: 01 Dec 08 21:01
What odds to be stopped and searched 4 times in 2 weeks, hand cuffed and beaten in the back of the car, trailed from the car in hand cuffs and beaten with feet and their bats. I suffered a broken foot and a nasty gash to the eye which was pouring with blood. I was released like every other time as there was no reason to search me. 10.000/1
Hansel and Gretel stuff.

Where did these terrible incidents take place? Was it near a big forest where the woodcutter lived?
By:
ballaman68
When: 01 Dec 08 21:03
zipi you have already said that your head did touch his head albeit just a slight brushing of the forehead --- that is assault in the eyes of the law.
By:
zipifried
When: 01 Dec 08 21:06
The gotchee i wish i had a pound on at them odds. That did actually happen every detail and something that should never have happened. The reason they searched me 4 times in various places was because they thought i had something that i should not have had upon my person. Not hansel and grettel but just plain reality harassment.

It was not that i was always in the right but more i just was not in the wrong. These are the things you have to put up with when you have an Antrim accent in the south
By:
zipifried
When: 01 Dec 08 21:10
In that case ballman i was assaulted today when a person brushed past me in the street. Common sense has to come into play. I can just as easily argue that the only reason heads brushed each others was because he leaned forward.
By:
Little Des
When: 01 Dec 08 22:54
.......He mocked me again and i reacted by squaring up to him and putting my head into his head. Minimal contact was made as it was merely to give him a fright.............

...............all they would have seen is myself approaching him closely in an aggressive manner...............



I make your odds at least 33/1
I'm surprised your mammy let you out shopping by yourself.
By:
zipifried
When: 02 Dec 08 12:49
Little des, i doubt they are judging it by a bad choice of phrasing on an internet forum. How come you didn't quote the no injuries whatsoever bit or why there was the incident in first place?
By:
Little Des
When: 02 Dec 08 12:56
Zipifred

................How come you didn't quote the no injuries whatsoever bit .................


"No injuries" ??

Are you suggesting that if I fire a gun at you and miss that no offence has taken place ???

I'll now go 50/1
By:
zipifried
When: 02 Dec 08 13:11
Little Des, there was no injuries because there was no head butt, i put my head towards his head as in i stopped as close i could go without contact in order to stare him out. I can understand why you might have got confused but common sense and reading other parts of thread would have explained incident more accurately. i will have a few quid on at them odds.
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