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Sunday May 22, 2005 11:50
by Interested
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Comments (19 of 19)
Jump To Comment: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19Attempt to ban BBC programme on alleged Garda corruption fails
Ray Managh
An attempt to ban part of tonight's BBC Spotlight programme's investigations into alleged Garda corruption in Co Donegal, failed in the High Court yesterday.
House developer Gerard Mackey told Mr Justice Frank Clarke that BBC cameramen and an interviewer burst on to the site of his new home near Carrickmacross, Co Monaghan, and had chased former garda Noel McMahon all over the place while asking him questions.
Mr Mackey claimed the BBC, in its footage of the dramatic chase, had identified his new home, his construction machinery and himself and possibly other members of his workforce.
He believed that if the broadcast of the footage was not restrained, members of the public may form the false opinion that he had been involved in Garda corruption or that his new home had been built from the proceeds of corruption.
Mr Mackey told the court he was a developer and ran Gerard Mackey Construction Ltd from premises near his home at Carrickasedge, Carrickmacross, Co Monaghan. He had never been involved in any form of criminality or dishonesty.
He had given a job as a labourer to former garda McMahon, despite having been aware of the allegations and findings against him arising from the Morris tribunal.
The BBC had now made a programme about McMahon and he had not expected to get dragged into the matter and have his reputation and business sullied by being featured on television in a sensational manner.
He said Stephen Walker had led the BBC team, which consisted of three television executives and three former army members, who may have been armed and wearing body armour, on to the site. They had followed McMahon on to the site and chased him around the property, which was well known locally as his new home. They had used force to break into the site and had caused €6,000 worth of damage to his new home.
Mr Mackey said that last Saturday a trailer advertising the Spotlight programme had been shown on BBC1 and BBC2 showing some of the footage in which his home was clearly identifiable.
He said the TV unit had been asked to leave but refused to do so.
They used abusive and threatening behaviour and language. They seemed to believe the property was connected to the allegations of corruption, he said.
Eoin McCullough SC, for the BBC, said his client's contention was that it did not say anything defamatory of Mr Mackey in the programme, which did not show him at all.
© The Irish Times
Thats the problem with journalists, they will step over an innocent man to get the story they want. I agree with him, why should he be dragged into it?
Didn't see any innocent man being dragged into anything.
That Sheenagh is a very strong person. I suppose her story is a tissue of lies - eh Al?
Can't wait for the second stage of the tribunal.
It looks to me like you have nothing better to do than follow me around on this site and post responses that have nothing to do with the issue. Please explain your last comments.
What innocent man? Mr Mackey. Why should he be dragged into this situation at all? Why go on his land?
If it was all a lie I would have said that wouldnt i? Your attempts to discredit me or drag me into a debate about the Morris tribunal will not succeed.
There was no mention of Mr Mackey. The one sign that could possibly have identified him was obscured.
I'm not following you Al. (Love the paranoia though) I just happen to be making comments on a comment board, just like you although less frequently. Where does a 'boy in blue' get all the time?
And yet here you are commenting purely to rile me and not about the subject. Your as much a troll as most on this site.
I get my freetime from the same places most people do. Its called days off. Remember Gardai work a 40 hour week. There are 3 shifts a day and we sometimes get 3 days off in a row depending on where in the roster we are. I forgot, I should be driving around in my BMW and spening the millions I earn.
in relation to the actual topic, I am basing my comments on the article itself and the quotes made by Mr Mackey. If the article is wrong then fine but the defence was that he is not mentioned in the article. No denial that they entered his land without his permission so my comments about him still stand.
Shortt compensation ruling due
26 May 2005 09:59
The High Court will give judgement this morning on a multi-million euro compensation claim by 69-year-old Donegal nightclub owner Frank Shortt.
Mr Shortt was wrongfully convicted and jailed for three years on charges of allowing the sale of drugs at his Inishowen club.
His claim for compensation arises from a Court of Criminal Appeal decision certifying that he was a victim of a miscarriage of justice.
Mr Shortt, a father of three, was jailed in March 1995 and served 27 months in prison.
His initial appeal was rejected but he pursued a second appeal which was not opposed by the Director of Public Prosecutions and in 2002 the Court of Criminal Appeal decided that Mr Shortt had been the victim of a miscarriage of justice.
That miscarriage was on the grounds of newly discovered facts relating to the deliberate suppression of material by two gardaí, Detective Garda Noel McMahon and Superintendent Kevin Lennon.
Both men have been prominent names at the Morris Tribunal which has been investigations allegations of Garda corruption in Co Donegal. Lennon was sacked from the Gardaí last year, while McMahon resigned.
The High Court case late last year to determine compensation heard that Mr Shortt and his family had been destroyed by the wrongful drug conviction and jail sentence.
Mr Shortt is seeking several million euro compensation but the State has disputed some of the claims advanced including claims for loss of earnings and loss of profits.
The High Court judgement expected this morning in the multi-million euro compensation claim by Co Donegal man Frank Shortt has been adjourned.
Mr Short, 69, is claiming compensation for his wrongful conviction and jailing in 1995.
The President of the High Court apologised that the judgement was not ready to be delivered.
He said two issues were troubling him and he may need further input from the lawyers in the case.
Mr Justice Finnegan also said that this is the first case of this nature before the courts and it raises a number of issues in the assessment of damages and other legal issues.
The judge apologised to Mr Shortt who had travelled from Co Donegal and to the media for not making it known sooner that the judgement was delayed.
He now hopes to give judgement by the end of June.
Mr Shortt was wrongfully convicted and jailed for three years on charges of allowing the sale of drugs at his Inishowen club.
His claim for compensation arises from a Court of Criminal Appeal decision certifying that he was a victim of a miscarriage of justice.
Mr Shortt, a father of three, was jailed in March 1995 and served 27 months in prison.
His initial appeal was rejected but he pursued a second appeal which was not opposed by the Director of Public Prosecutions and in 2002 the Court of Criminal Appeal decided that Mr Shortt had been the victim of a miscarriage of justice.
That miscarriage was on the grounds of newly discovered facts relating to the deliberate suppression of material by two gardaí, Detective Garda Noel McMahon and Superintendent Kevin Lennon.
Both men have been prominent names at the Morris Tribunal which has been investigating allegations of garda corruption in Co Donegal. Lennon was sacked from the Gardaí last year, while McMahon resigned.
The High Court case late last year to determine compensation heard that Mr Shortt and his family had been destroyed by the wrongful drug conviction and jail sentence.
Mr Shortt is seeking several million euro compensation but the State has disputed some of the claims advanced including claims for loss of earnings and loss of profits.
And you still post irrelivent information. Still claiming that you had a legitimate reason to post in this thread? Your attempts are pathetic.
In case you have comprehension problems this thread is about a programme on BBC1 which outlined the corruption of certain Gardai in Donegal. Another comment has to do with an attempt to have the programme pulled. Two further comments have to do with another court case involving the forementioned corrupt Gardai.
BTW this website is called Indymedia not Almedia (although the spannish sounding name has a nice ring to it.)
I'm entitled to post related comments to a thread. You are not the centre of the universe Al.
No Seer the original post is about a court action against the programme. I posted that I agreed with it, then you went of on a little tangent for yourself.
Do you agree that journalists have the right to enter someones property?
The original post was:
Documentary on Adrienne Mc Glinchey & the Donegal Gardai -aka Morris Tribunal posted
by Interested on Sunday, May 22 2005, 10:50am.
Did you see the progamme?
Why should I answer your question for the second time when you refuse to answer mine even once.
Here it is again, do you believe that a journalist has the right to enter a mans property for a story not connected to that man?
All I posted was that i agreed with him. Then you started going on and on and on and on.
I accept the judgment of Justice Clarke.
Whats going on in the Four Courts is a total farce. Whatever about the gardai banging up Frank Short in the wrong, the world and its mother up here knew that drugs were being sold in the Point Inn. If Frank didn't know he must be the only man in the north west who did'nt. If his staff didn't know, why was the drinking water in the toilets regularly turned off so as to make the kids buy the bottled stuff at the bar?
now we the taxpayers are going to pay this guy millions in compensation - its an absolute joke.
How the gardai couldn't stop this and make a conviction stick is another joke.
Donegal must have the most corrupt garda division in the country. They should all be uprooted and moved.
"Donegal must have the most corrupt garda division in the country. They should all be uprooted and moved." - Its not often you will hear this from me so please take note, I believe they should be sacked if they are corrupt but please, you have a lot of Gardai up there, they arent all corrupt.
Seer,
Funny how you accept decisions when it suits you isnt it? How long will it be before your banging on about corruption in the Judges and the entire system?
"Funny how you accept decisions when it suits you isnt it? How long will it be before your banging on about corruption in the Judges and the entire system?"
I could say the same to you Al. Barr, Morris there must be something dodgy about them. I'm sure PJ has done a good background check.
What? Judicial corruption and "in the entire system"! Tell us about it Al. Have you come across much of it yourself? By the way, I left you a comment over on the eBay thread. You may have missed it as you are jumping from thread to thread this morning.
Where do you get the energy?
Good posts guys, you put me in my place thats for sure. Still no answers from either of you though.
For me I always accept judges decisions and weetabix.