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Messages - David McKeown

#1
Also where is the rule on the advantage procedure contained?
#2
Quote from: Nanderson on May 05, 2024, 07:13:46 PM
Quote from: David McKeown on May 05, 2024, 05:41:36 PM
Quote from: upmonaghansayswe on May 05, 2024, 05:24:51 PMDuring the advantage period of 5 seconds, I thought any technical fouls by the attacking player was a free against them. i.e you can't just stand there or overcarry to claim the free.

Eamonn Fitzmaurice said the ref came back for the advantage after Conroy overcarried in the 1st half.

I thought you could. Otherwise what's the point of the advantage it would actually at times be a disadvantage
No a technical foul during the advantage should result in reversal of the original decision

I thought you simply couldn't benefit from a technical foul during the advantage.  What if a foul occurs after you as you go to solo or toe tap preventing you from toe tapping does the ref signal play on and then immediately change their decision?  Can they not give an advantage in that scenario? 

I have never liked the advantage rule in GAA anyway its like a bad hybrid of the rule in soccer and rugby.
#3
From a neutral perspective I just thought he had a strange game but I did say about the 63rd minute that whoever loses wont be happy with his performance.  That didnt change in the last 12/13 minutes
#4
Quote from: upmonaghansayswe on May 05, 2024, 05:24:51 PMDuring the advantage period of 5 seconds, I thought any technical fouls by the attacking player was a free against them. i.e you can't just stand there or overcarry to claim the free.

Eamonn Fitzmaurice said the ref came back for the advantage after Conroy overcarried in the 1st half.

I thought you could. Otherwise what's the point of the advantage it would actually at times be a disadvantage
#5
Quote from: Blowitupref on May 05, 2024, 05:38:43 PMGleeson the match winner for Galway.  FT Galway 0-16 Mayo 0-15

Some might argue it was Gough was the match winner. Some strange decisions from him second half. Didn't think he had a great performance
#6
General discussion / Re: The DUP thread
May 02, 2024, 10:33:04 PM
Quote from: Orior on April 30, 2024, 02:07:37 PM
Quote from: David McKeown on April 25, 2024, 10:51:20 PM
Quote from: marty34 on April 25, 2024, 09:31:05 PMDavid, regarding the PPS. How many people work there?

So say a case comes to them from the cops. Do a small group of them look at it and decide to prosecute or is it discussed between a big group and an answer is given?

I was just wondering how it works. I hear PPS mentioned a lot but am just wondering how it is behind the scenes.


Not sure of the exact numbers but around 150 - 200 prosecutors and 300 - 350 support staff split across different regions and specialisms. Cases will be effectively triaged to the correct team and level of seniority. Ultimately it's the directing officers responsibility but they will know seek help and assistance from colleagues and superiors if necessary.
Quote from: David McKeown on April 25, 2024, 10:51:20 PM
Quote from: marty34 on April 25, 2024, 09:31:05 PMDavid, regarding the PPS. How many people work there?

So say a case comes to them from the cops. Do a small group of them look at it and decide to prosecute or is it discussed between a big group and an answer is given?

I was just wondering how it works. I hear PPS mentioned a lot but am just wondering how it is behind the scenes.


Not sure of the exact numbers but around 150 - 200 prosecutors and 300 - 350 support staff split across different regions and specialisms. Cases will be effectively triaged to the correct team and level of seniority. Ultimately it's the directing officers responsibility but they will know seek help and assistance from colleagues and superiors if necessary.

I have recently seen the police decide cases are not worth pursuing and a waste of public expenditure, but are passed to PPS for endorsement, yet the PPS dig in and proceed with the case.

Do the PPS have graduates who they throw minor cases at for them to gain experience?

Well they recruit lawyers at different levels. Cases would be triaged when they are received and some types of cases will require specialists but generally not really. Prosecutors will get training and won't be able to make their own decision until they complete that thought. But it's not a case that the newbie will get the no licence case or something like that.
#7
General discussion / Re: The DUP thread
May 02, 2024, 09:27:19 PM
Quote from: Main Street on April 30, 2024, 01:55:22 PMCan the PPS back off with the prosecution (eg after 6 months) but reserve the right to take it up again in the future?

The general answer to your question is yes but with some caveats.
#8
Quote from: J70 on April 28, 2024, 05:29:41 PMArmagh and Donegal have played 140+ minutes of football this season with a single point separating them.

Yes, it's clear that it's Donegal's to lose. ::)

I know the game was scrubbed but the McKenna cup did happen
#9
Quote from: downtothecore on April 27, 2024, 07:22:04 PM2 very similar ability teams

I thought it was a decent team with a solid game plan against a slightly better team with no clue,
#10
Quote from: Milltown Row2 on April 27, 2024, 07:02:10 PMThat last free, he didn't blow for the 'first' foul, blew for the obvious round the neck free, spoke to linesman, free then given for first free (which you can't do) and thankfully he missed

Three times in the game he over turned frees awarded to Armagh and let's not mention the on the ground he gave with the ball a foot in the air
#11
Quote from: tbrick18 on April 27, 2024, 06:59:33 PMGot out of jail there.
Down played out of their skins.

Armagh are a limited side, a different ref today and they were bate.

A different ref and Armagh win that game comfortably despite playing awful football.
#12
General discussion / Re: The far right
April 26, 2024, 08:28:59 PM
Quote from: tonto1888 on April 26, 2024, 07:17:27 AM
Quote from: David McKeown on April 25, 2024, 07:38:37 PM
Quote from: whitey on April 25, 2024, 04:16:36 PMhttps://www.irishmirror.ie/news/irish-news/politics/helen-mcentee-confirms-fewer-100-32663680.amp


So would calling for the deportation of 7200 people "whose asylum applications have been refused" be a far right
Position?

All I say is there was a famous case last year where an asylum seeker in Belfast had his claim for asylum refused at first instance.  The reason for his refusal was he had claimed he would be persecuted in his home country because he was involved in guerrilla warfare.  The Home Office rejected that this would entitle him to asylum because 'gorillas are an endangered species' and fighting them shouldn't allow him to claim asylum.

So id at least like appeals to be dealt with first

is this true?

Yes genuine cases involving a couple of my friends about 15 months ago
#13
General discussion / Re: The DUP thread
April 25, 2024, 10:51:20 PM
Quote from: marty34 on April 25, 2024, 09:31:05 PMDavid, regarding the PPS. How many people work there?

So say a case comes to them from the cops. Do a small group of them look at it and decide to prosecute or is it discussed between a big group and an answer is given?

I was just wondering how it works. I hear PPS mentioned a lot but am just wondering how it is behind the scenes.






Not sure of the exact numbers but around 150 - 200 prosecutors and 300 - 350 support staff split across different regions and specialisms. Cases will be effectively triaged to the correct team and level of seniority. Ultimately it's the directing officers responsibility but they will know seek help and assistance from colleagues and superiors if necessary.
#14
General discussion / Re: The far right
April 25, 2024, 07:38:37 PM
Quote from: whitey on April 25, 2024, 04:16:36 PMhttps://www.irishmirror.ie/news/irish-news/politics/helen-mcentee-confirms-fewer-100-32663680.amp


So would calling for the deportation of 7200 people "whose asylum applications have been refused" be a far right
Position?

All I say is there was a famous case last year where an asylum seeker in Belfast had his claim for asylum refused at first instance.  The reason for his refusal was he had claimed he would be persecuted in his home country because he was involved in guerrilla warfare.  The Home Office rejected that this would entitle him to asylum because 'gorillas are an endangered species' and fighting them shouldn't allow him to claim asylum.

So id at least like appeals to be dealt with first
#15
General discussion / Re: The DUP thread
April 25, 2024, 07:31:48 PM
Quote from: tbrick18 on April 25, 2024, 09:57:40 AM
Quote from: David McKeown on April 24, 2024, 10:33:49 PM
Quote from: tbrick18 on April 24, 2024, 10:29:15 PM
Quote from: armaghniac on April 24, 2024, 08:34:36 PM
Quote from: tbrick18 on April 24, 2024, 08:25:27 PMOnly thing for sure is that there are no winners, but hopefully justice is service.

As I said before, it is hard to see how you can prove something 20 years ago beyond reasonable doubt, I doubt there were witnesses other than his wife.

Hearing other cases the PPS didn't prosecute due unlikelihood of conviction even when there is evidence, they must feel there's a high chance of conviction based on what ever evidence they have. No?

I've no idea myself - I'm doing a lot of reading between the lines and may well be getting it wrong.

Today was the 1st appearance. I'd be shocked if the PPS even have the full file yet let alone have made a decision. It would be unusual for them to have the full file yet particularly if the allegations only surfaced in March.

So does that mean the PPS could still decide not prosecute?
I've no idea how these things work, I'd made the assumption it only gets this far if the PPS are already in a position to prosecute.
Interesting.

Police once they arrest someone can question them for a total period of initially 24 hours before they must release them without charge or charge them.  That time can be extended firstly by senior by police officers and then by courts.  Until that time is used up police can release upon pre charge bail in order to gather further evidence but conditions are largely unenforceable (not going into the details of that here not really relevant).   Once police believe they have sufficient evidence to establish a prime facie case they can charge.  Alternatively they can release for report.  Neither way suggests the evidence is any stronger or weaker than the other it more comes down to the perceived necessity by police for bail conditions and/or a remand.  The reason some are charged is essentially that police believe there a likelihood of reoffending if not charged, is there a likelihood of interference with witnesses or is there a likelihood of absconding.  Rarely there may be other reasons for charging such as to uphold public confidence but these are rare.

If an individual is charged they can be kept to the next remand court (the next day or two if its over a holiday or weekend) if PSNI feel that remand is necessary to meet the above.   Or they can be released on post charge bail by the custody sergeant who will set a date within 28 days for a defendant to appear at court and will set bail conditions.  That is what happened in this case.

After charge PSNI will continue to gather evidence and collate the already gathered evidence in order to submit a file to the PPS.  Once a file is received it will be allocated to a suitably qualified prosecutor who will review the file and if necessary request the police to gather further evidence.  Once the PPS have a full file they will decide whether to prosecute and what charges are to be prosecuted and where they are to be prosecuted.

Asking how long that process will last is like asking how long is a piece of string.  I recently had a fast tracked one that took 14 months but I've had ones take anything from 4 months to 3 years.  It depends on the amount of evidence, the quality, the likelihood of getting more, how busy the directing officer is, how busy the investigating officer is etc etc.

With a charge sheet case the court will keep under review how long things are taking.  Had the case been taken for report then its simply a case of when PPS can get round to it, but defendants aren't on bail in report cases. 

Statistically report cases have a higher conviction rate but a lower decision to prosecute rate but there's very little difference.

Ultimately all cases investigated by police are sent to PPS for decision.  A lot never see the light of day, some get dropped after being charged and others get prosecuted the whole way to trial.  At this moment nothing has happened that I am aware of that could lead to any proper conclusions on the strength of the evidence and we would simply be speculating.