Category Archives: crime

Love False Positives – The Day The Bank Said I Bought A Heavy Machine Gun Online

On the 15th November 2013 I made a wire transfer using Permanent TSB Open24. Open24 is an online banking service. For those of you who do not know, Permanent TSB is a retail bank that operates in the Republic of Ireland.

Worthy of note is that retail banking in the Republic is characterised by spectacular systems malfunctionsoutages, IT meltdowns and downright thievery.

But that’s ok because the government of Ireland loves banks and they can really do or not do (as is often the case) what they like – without fear of sanction. Oh, and when they lose their shirts gambling with their customers money then the Irish tax payer gets to pay for it. But I digress.

When Kids Try To Be Adults

I first became aware of my international arms purchasing activities when I received a phone call on my cell phone from a private number. I answered and was greeted by a what sounded like a teenage girl who informed me that an intermediary bank, used by Permanent TSB for payments to South East Asia, had sent an email to the bank requesting information about an international payment that I had made a few days previously.

Before describing the contents of the email, the clearly worried banker (worried because she was talking to an international arms dealer who buys his weapons over the open internet (who needs the Dark Web)), stated that I had bought a heavy machine gun and that I had asked that it be mailed to the address of one of our corporate apartments in Dublin, Ireland. As you do.

The intermediary bank was CitiBank in Frankfurt she informed me. They had contacted the Treasury Department and they in turn were dealing directly with the beneficiary bank in Singapore who were the first to flag the transaction.

The email read:

REDACTED REDACTED REDACTED REDACTED REDACTED 

The beneficiary Bank sent the below SWIFT message to our treasury department via CitiBank:

WE HAVE BEEN INFORMED THAT THE BENEFICIARY BANK IS UNABLE TO APPLY THIS PAYMENT AND STATES:

  1. PLEASE CONTACT REMITTER TO OBTAIN BELOW.
    1. WHAT DOES TMG REFER TO PER F70?
    2. WHAT DOES IT STAND FOR?
    3. WHAT IS ITS FULL FORM?
    4. IF IT REFERS TO AN ORGANIZATION, PLS OBTAIN THE FOLLOWING:
      1. FULL NAME.
      2. FULL PHYSICAL ADDRESS AND COUNTRY OF LOCATION.

I trust the above is in order.

Kind Regards,

REDACTED REDACTED

She informed me that the Bank could not facilitate international arms purchases and that law enforcement had been informed including the local police station to the bank branch from which my transaction emanated, the Organised Crime Unit, and of course Security & Intelligence. The latter is the central point of contact for An Garda Síochána with all external agencies – both law enforcement and security/intelligence – with regard to international cooperation in the fight against terrorism and organised crime.

The Very Boring Reality

The transfer that caused this international “counter-terrorism / counter organised crime” flurry of activity between one local bank, two international banks and law enforcement in three countries was made by me to an organisation called SERVCORP.

SERVCORP is a company in SINGAPORE that provide a telephone answering service for my company TMG Corporate Services. The actual mandate for the transfer had been set up months previously by Permanent TSB themselves at the request of TMG Corporate Services Accounts Department. The same payment had been made on several previous occasions.

The transfer they said was for the purchase of an automatic weapon namely a BROWNING M2 Machine Gun TMG F70.

And how had they come to this conclusion? Well, simply because the reference on the payment was TMGF70. The reference was TMGF70 because that was the reference used by SERVCORP on the invoice that they had issued for that months services.

“TMG” being an acronym for The Mediator Group and F70 some internal reference for SERVCORP.

The Browning M2

The Browning M2 is a chain-fed, air-cooled heavy machine gun (TMG) in caliber 12.70 x 99 mm NATO , produced by the American manufacturer Browning at the end of World War II. The rifle has a maximum range of 7,500 meters and an effective range of 1,800 meters and can use different types of ammunition: full sharp, armor, armor fire and tracer.

Here I am proudly modelling a “Ma Deuce” I managed to buy in the duty free shop at Heathrow Airport.

Ma Deuce

Bargain Hunter

What was even more impressive about my purchase was that I acquired this impressive weapon for SGD$70 or EUR€45.25 at todays spot rate on XE.COM.

ENDS

 

The Media, Crime, & Criminal Justice in Ireland

In 2017, in the Republic of Ireland, the relationship between the media, crime, and criminal justice is fundamentally different than what was the case a half century ago. A functioning independent media operating in the public interest and a transparent criminal justice system are notionally the cornerstones of an effective democracy.

Both should have clear demarcations on authority and demonstrable respect, without exception, for civil liberties. Both should respect “a social contract that sets out the expectations, the rights, and the responsibilities of all parts of society – individuals, institutions and government.” (Reference 1), the statute book and the constitution. A society “where Government works in the interest of all” (Reference 2)

The Dark Triad

The relationship between these elements has changed in recent history as a result of the normalisation of sensationalism in the media and an exaggeration by the media of the levels of serious domestic criminal activity.

Both of these phenomena have resulted in an erosion of civil liberties and a skewed public perception of the threat level that serious crime presents domestically. As a result bills have been proposed and laws passed that deliver disproportionate criminal justice powers to the State.

To a large degree the majority of the public are unaware of the potential pitfalls of this kind of legislation and have rather been led into a position of inertia by an irresponsible media.

“Influencing” Public Opinion

Public attitude to crime is substantially informed by the consumption of print, TV, radio and digital media and as “an issue of major public interest it is therefore covered extensively in the media.” (Reference 3)

Media coverage is a major influence on the public perception of crime and the administration of criminal justice.

The media affects public attitudes to different types of crime, to certain sectors of society, to the perception of the levels of criminal activity within society, to the expectation with respect to the burden of proof thats rests with the State in criminal trails, to the checks and balances that exist within the system, to the willingness of the public to surrender civil liberties in the face of alleged threats and “in the tabloid media in particular, it dominates and dictates the news agenda.” (Reference 4)

“The relationship between media presentations and crime is dependent on characteristics of the message and the audience.” (Heath and Gilbert (1996)). Chiricos et al (2000) finds that local and national news are related to fear of crime and have a direct effect on the willingness of constituents to consider a reduction in their personal freedoms in order to allow new legislation that more “effectively” combats the perceived threat.

The “Contract” Between The Media & The Public

The poor quality and reliability of output in certain sections of the media is detrimental to the effective administration of criminal justice and rather “the media should endeavour to ensure that stories of crime accurately reflect the nature and extent of their true occurrence.” (Reference 5)

A by-product of a broken “media-crime-criminal justice” relationship has been the erosion of certain civil liberties. In particular the presumption of innocence, the rules of habeas corpus, the right to a fair trial, the fundamental right to silence and the right to trial by jury in an ordinary Court for non-terrorist offences.

There is a “growing insignificance of the presumption of innocence for accused persons such that its “tangible benefits [appear] little in evidence in our criminal justice system.” (Reference 6)

In conjunction with media scare-mongering that is disproportionate to the threat posed the fallout “has been global in scope – in particular, in the battering taken by international human rights standards and even the Geneva Conventions.” (Reference 7)

The Dublin-Limerick Effect

During the 1990’s, Dublin and Limerick became the focal point for domestic media crime reporting especially amongst the tabloids. Specialised law enforcement units evolved in response to this relatively new type of threat to state security. Due to the changes in the nature of offences being brought before the Courts there was a drive to author new legislation as a unique set of legal challenges began to appear when investigating these offences.

It also became clear that gangs and gang members were proving difficult to tackle and existing legislation made gathering evidence to support trials difficult. The Criminal Justice Act 2006, legislated for during the tenure of Michael McDowell as the Minister for Justice, created a new offence of membership of an organised crime gang, or “criminal organisation”, and made it an offence to assist the activities of an organised crime gang.

Evolving this legislation the Criminal Justice (Surveillance) Act 2009 provided for the use in criminal trials of material obtained during covert surveillance. The Criminal Justice (Amendment) Bill further defined membership of a criminal organisation and made it an offence to direct the activities of one.

There were also a host of newly created scheduled offences contained in the legislation which allowed gang members to be tried in the non-jury Special Criminal Court. In Section 8 of the Bill a declaration was made that the ordinary courts were inadequate and were not in a position to effectively administer justice as there was a pervasive threat of jury tampering and intimidation.

Despite this there was no evidence that the ordinary courts had previously failed repeatedly to justify such a sweeping alteration of the normal rules of habeas corpus, the right to silence (removed by the introduction of “inferences”), the right to trial by jury and the fundamental right of the presumption of innocence.

To support this view that the legislation was ill-conceived and introduced to reduce the workload and evidence required in securing convictions in these cases Central Criminal Court Judge Mr. Justice Paul Carney stated that when gang members were brought before a jury in his court there were no difficulties in securing convictions.

Maintaining Integrity & Accuracy

The interactions between the media and criminal justice should to be governed by a clear understanding of boundaries and acceptable authority. There should also be an attempt to maintain independence from political influence and any vested interest bias.

Restricting reporting to verifiable fact on matters of fundamental importance is paramount. Instead there has been “a surrender to an exaggerated, media-driven perception of the levels of crime or the threat posed by certain types of crime.” (Reference 8)

Mandated commentators – journalists – were historically, to a greater or lesser degree, controlled and restricted according to their professional standards and ethics. The concept of a trusted press was based on the premise that facts formed the basis of reporting.

Developing commentary and drawing conclusions from those facts was to be a task fulfilled by those who possessed subject matter expertise, experience and independence.

Rather we have experienced “hysteria in the media about crime” (Reference 9) which “has caused a moral panic and calls for extreme measures such as zero tolerance.” (Reference 9). This has led to questions as to whether “vested interests have turned a manageable problem into a crisis?” (Reference 10)

The Effect Of Poor Standards

Over time “opinion pieces”, “columnists”, “editorials”, “investigative journalism” and “news anchor monologues” became the means by which competing media outlets in an increasingly crowded market vied with each other for market share where even non-commercial bloggers now vie for the public’s eyeballs.

This is in stark contrast to what was the case previously. There has been an erosion of the boundary between what is delivered as fact and what is offered as opinion. It is often not clear which is which.

Personal opinion, political alignment, individual or organisational prejudice or vested interest factors have increasingly influenced media output and the production of opinion pieces, as fact, is de rigueur.

The combination of these phenomenon has produced an often misinformed public view of crime and criminality and by extension criminal justice.

There have been several seismic shifts that have evolved the relationship between the media, crime, and criminal justice. The catalysts for these shifts are myriad and include complex changes in social norms, a more diverse society as an outcome of membership of the EU and in more recent times immigration, advancements in technology, a lowering of the bar with respect to fact-checking and independence and a number of external influencers that previously did not exercise control – whether direct of indirect – on the operations of sovereign states in Europe such as The European Court of Human Rights and other external bodies which exercise extra-national legislative influence.

The role of the media in society has naturally evolved over the last century. A free and independent media in a democracy was to be catalyst for positive change.

A relatively free press and a notionally independent judiciary emerged in the first quarter of the 20th century. Media became a liberal and in part, socially crusading, part of society during the third quarter of the 20th century.

With the emergence and evolution of digital media in the latter part of the 20th century until the present – the media – became every person who possessed a keyboard and with that journalistic integrity became diluted. So too did media freedom. Media is influenced by vested interests and by extension so too are the public.

The Loss of Self-Imposed Governance

The relationship between the media and court officials, members of the judiciary, law enforcement, law makers or politicians was at one point to a greater or lesser degree governed by what was once self-imposed governance.

Acceptable practice, and adherence to a set professional standards were respected. Sometimes as a result of a moral compass and sometimes as a result of the threat of potential sanction.

By extension the media ability to influence public opinion on social phenomena, such as crime, without necessarily adhering to legislation or citizens rights as enshrined in statute and the constitution has been blurred.

Data Protection, Confidentiality & Due Process

Chinese Walls, acting as an insurmountable barrier to the passage of confidential information, between the media and criminal justice has all but ceased to exist.

The age of the “leak” which is normally a self serving exercise and the “whistleblower” which is normally in the public interest defines to a great extent the current relationship between the media and criminal justice and the reporting and perception of crime.

The recent alleged extreme rise in violent crime nationally and gun violence between organised criminal gangs has been used by the political parties, An Garda Siochana and lobby groups to ridicule legitimate opposition to the illegal practises of the non-jury Special Criminal Court apparatus in particular.

The Media, Like An Garda Siochana, Are Held To Increasingly Low Standards

I reference a recent article in the Independent with the title “ Highly Sophisticated Eastern European Thieves Making A Fortune In Burglaries Targeting Rural Ireland” (Reference 11).

This article is a prime example of poor journalistic standards facilitating the shoddy application of criminal justice and the poor performance of An Garda Siochana.

It offers transparent sensationalism and embellished fact to facilitate the creation of an impression in the public’s mind. The impression that the article creates is an impression that is simply not true and it is published by what is considered to be one of the main news outlets in the Republic of Ireland.

It is a prime example of the phenomenon and a poster-boy for quantity not quality as the driver for news production in 21st Century Ireland.

The article refers to “the international professional burglary gang which has carried out robberies with “military precision” in Munster”. On examination of this statement it appears that the only evidence of organisation and precision was a time limit the burglars generally imposed upon themselves during their robberies which was deduced from the observation that they looked at “their watches at regular intervals”.

The author then describes how the gang weaponised their vehicles by “transforming “cheap” cars into battering rams, capable of smashing through the premises.”. In fact this impressive sounding planning and preparation actually involved the removal of a seat and its replacement with some concrete blocks.

When the man who was convicted of the crimes was being arrested by armed members of An Garda Siochana the journalist states that “a man “accompanying” him was shot in the face”.

The use of quotes around the word “accompanying” gave this reader the impression that the journalist was insinuating that while the man was never arrested or charged with a crime that he was somehow complicit.

The headline of this article is calculated to draw the attention of the reader and suggests that large amounts of burglaries had been carried out and that vast amounts of monies had been generated by the criminals from the proceeds of their crimes.

The far less sensational reality is that over a two year period during three documented robberies that €150,000 of goods were stolen and not a single member of the public was physically harmed.

Reference Index

1 “Ireland’s Social Contract Is Broken And An Alternative Is Now Required: Social Justice Ireland”. [online] Retrieved from: http://www.irishexaminer.com/breakingnews/ireland/irelands-social-contract-is-broken-and-an-alternative-is- now-required-social-justice-ireland-786142.html N.p., 2017. Web. 19 Apr. 2017.

2 “Ireland’s Social Contract Is Broken And An Alternative Is Now Required: Social Justice Ireland”. [online] Retrieved from: http://www.irishexaminer.com/breakingnews/ireland/irelands-social-contract-is-broken-and-an-alternative-is- now-required-social-justice-ireland-786142.html N.p., 2017. Web. 19 Apr. 2017.

3 Crime In Ireland (2016) “Crime In Ireland”. [online] Retrieved from: http://www.ceifin.com/resources/paper/PaulReynolds_CrimeCorrespondentRTE.pdf. N.p., 2016. Web. 04 Apr. 2017.

4 Crime In Ireland (2016) “Crime In Ireland”. [online] Retrieved from: http://www.ceifin.com/resources/paper/PaulReynolds_CrimeCorrespondentRTE.pdf. N.p., 2016. Web. 04 Apr. 2017.

5 “Fear of Crime in Ireland and its Impact on Quality of Life”. http://www.justice.ie/en/JELR/Fear%20of%20Crime %20in%20Ireland.pdf/Files/Fear%20of%20Crime%20in%20Ireland.pdf. N.p., 2016. Web 27 Mar. 2017.

6 Hamilton, Dr. C. “The Presumption Of Innocence In Irish Criminal Law: Recent Trends And Possible Explanations”. http://eprints.maynoothuniversity.ie/5997/1/CH-Presumption-Innocence.pdf. N.p., 2011. Web. 19 Apr. 2017.

7 McLintock, Michael. “Erosion Of Human Rights Sets Bad Example”. http://www.irishtimes.com/news/erosion-of- human-rights-sets-bad-example-1.1095225 The Irish Times. N.p., 2002. Web. 20 Apr. 2017.

8 Walsh, Professor Dermot. “The Criminal Justice Act, 2006: A Crushing Defeat For Due Process Values?”. [online] Retrieved from: http://www.jsijournal.ie/html/Volume%207/2007%5B1%5D_Walsh_Due%20Process%20Values.pdf Judicial Studies Institute Journal. N.p., 2007. Web. 10 Apr. 2017.

9 O’Connell, Dr. Mick. “Crime And Media Hysteria: Tone Down The Headlines | Politico”. [online] Retrieved from: http://politico.ie/archive/crime-and-media-hysteria-tone-down-headlines N.p., 1998. Web. 14 Apr. 2017.

10 Kerrigan, Gene & Shaw, Helen. “Crime Hysteria”. Magill 1985: 7-12. Web. 15 Apr. 2017.

11 Raleigh, David. “‘Highly Sophisticated’ Eastern European Thieves Making A Fortune In Burglaries Targeting Rural Ireland – Independent.Ie”. [online] Retrieved from: http://www.independent.ie/irish-news/courts/highly-sophisticated- eastern-european-thieves-making-a-fortune-in-burglaries-targeting-rural-ireland-35605436.html. Independent.ie., 2017. Web. 13 Apr. 2017.

Bibliography

A. Ashworth, “Four Threats to the Presumption of Innocence” (2006) 10 E. & P. 241-279

An Garda Síochana (2015). An Garda Síochana Annual Report . [report] Ireland: An Garda Síochana

C. Hamilton, Whittling the Golden Thread: The Presumption of Innocence in Irish Criminal Law (Dublin: Irish Academic Press, 2007)

Crime In Ireland (2016) “Crime In Ireland”. [online] Retrieved from: http://www.ceifin.com/resources/paper/PaulReynolds_CrimeCorrespondentRTE.pdf. N.p., 2016. Web. 04 Apr. 2017.

Department of Justice & Equality. “Publication Of Commission Of Investigation (Certain Matters Relative To The Cavan/Monaghan Division Of An Garda Síochána) Final Report – The Department Of Justice And Equality”. [online] Retrieved from: http://www.justice.ie/en/JELR/Pages/PR16000100. N.p., 2017. Web. 19 Mar. 2017.

Department of Justice, Equality & Law Reform. “Fear of Crime in Ireland and its Impact on Quality of Life”. [online] Retrieved from: http://www.justice.ie/en/JELR/Fear%20of%20Crime%20in%20Ireland.pdf/Files/Fear%20of%20Crime %20in%20Ireland.pdf. N.p., 2016. Web 27 Mar. 2017.

Dowler, Kenneth. “Media Consumption And Public Attitudes Toward Crime And Justice- JCJPC,Volume 10, Issue 2”. [online] Retrieved from: http://www.albany.edu/scj/jcjpc/vol10is2/dowler.html. N.p., 2017. Web. 19 Apr. 2017.

Hamilton, Dr. C. “The Presumption Of Innocence In Irish Criminal Law: Recent Trends And Possible Explanations”. http://eprints.maynoothuniversity.ie/5997/1/CH-Presumption-Innocence.pdf. N.p., 2011. Web. 19 Apr. 2017.

H. Kennedy, Just Law: The Changing Face of Justice and Why it Matters to Us All (London: Chatto and Windus, 2004).

Kerrigan, Gene & Shaw, Helen. “Crime Hysteria”. Magill 1985: 7-12. Web. 15 Apr. 2017.

M. O’Halloran, “Ahern rejects claim that Asbo system is a ‘failure’” Irish Times (26 February 2009)

McLintock, Michael (2002). “Erosion Of Human Rights Sets Bad Example”. [online] Retrieved from: http://www.irishtimes.com/news/erosion-of-human-rights-sets-bad-example-1.1095225 The Irish Times. N.p., 2002. Web. 20 Apr. 2017.

O’Connell, Dr. Mick. “Crime And Media Hysteria: Tone Down The Headlines | Politico”. [online] Retrieved from: http://politico.ie/archive/crime-and-media-hysteria-tone-down-headlines N.p., 1998. Web. 14 Apr. 2017.

Raleigh, David. “‘Highly Sophisticated’ Eastern European Thieves Making A Fortune In Burglaries Targeting Rural Ireland – Independent.Ie”. [online] Retrieved from: http://www.independent.ie/irish-news/courts/highly-sophisticated- eastern-european-thieves-making-a-fortune-in-burglaries-targeting-rural-ireland-35605436.html. Independent.ie., 2017. Web. 13 Apr. 2017.

Statute Book, Irish. “Criminal Justice Act 2006”. Irishstatutebook.ie. Office of the Attorney General, 2006. [online] Retrieved from: http://www.irishstatutebook.ie/eli/2006/act/26/enacted/en/print. 4 Apr. 2017.

Statute Book, Irish. “The Criminal Justice (Surveillance) Act 2009”. Irishstatutebook.ie. Office of the Attorney General, 2009. [online] Retrieved from: http://www.irishstatutebook.ie/eli/2009/act/32/enacted/en/html. 4 Apr. 2017.

Various, “Ireland’s Social Contract Is Broken And An Alternative Is Now Required: Social Justice Ireland”. [online] Retrieved from: http://www.irishexaminer.com/breakingnews/ireland/irelands-social-contract-is-broken-and-an- alternative-is-now-required-social-justice-ireland-786142.html N.p., 2017. Web. 19 Apr. 2017.

Walsh, Professor Dermot. “The Criminal Justice Act, 2006: A Crushing Defeat For Due Process Values?”. [online] Retrieved from: http://www.jsijournal.ie/html/Volume%207/2007%5B1%5D_Walsh_Due%20Process%20Values.pdf Judicial Studies Institute Journal. N.p., 2007. Web. 10 Apr. 2017.

 

ENDS

The Regional Subjectivity of Crime & The Tests for Guilt

A definitive statement as to what constitutes Crime has successfully evaded scholars. But one thing that they all seem to agree on is that “A person is never punished merely for wrong thinking or evil thoughts”.

“Thought Crimes” Orwell style are not offences (Or are they?).

In an age of Mass Surveillance, Kinematic Fingerprinting & Emotion Detection, Mass Data Retention & the Investigatory Powers Act and Alphabet Agency Profiling based on Digital Activities, is that still the case?

Certainly there are many examples of arrest and detention for “thinking” a certain way. But that’s not for here at this time.

Rather than examining the definition of crime in a particular country I think it is more interesting to examine it in the global context. The majority of people tend to assume that Crime and Punishment can be generally assumed to be similar everywhere that they travel to.

As someone with a wanderlust tendency who has “walked the Earth” I can assure you that is not the case.

A Moving Goalpost

The definition of “Crime” in a society has always been influenced by the prevailing norms that exist at any particular time amongst a group of people living together as a community.

Personal feelings, religious beliefs, preferences, tastes, experiences, economic expediency or laws based based on the personal opinions of a “leader” have been the motivations that translated into local laws that criminalised some acts and did not consider other acts as “criminal”.

A Simple Analogy: The Attitude to Cannabis in the USA

In 2017 I guess the simplest analogy would be the different attitude to marijuana in the United States. The use, possession, sale, cultivation, and transportation of cannabis is illegal under federal law in the United States but individual States are permitted to conditionally decriminalise cannabis for recreational or medical use.

Cannabis is listed at a Federal level as a Schedule I substance under the Controlled Substances Act of 1970 and is classified as a Schedule I drug. The DEA defines this classification as a substance that has a high potential of being abused by its users and has no acceptable medical uses.

So there exists a contradictory attitude of Federal versus certain State laws regarding the exact same matter – in the former it is a “crime”, in the latter it is not – in some States.

The Definition of Crime

“There is no one word in the whole lexicon of legal and criminological terms which is so elusive of definition as the word crime” (McCabe 1983:49)

It reminds me of the first thing that we were thought during my time as an Economics student – namely, that the study of Economics was an “inexact social science”.

Inexact laws that contain in their antecedents vague ceteris paribus (“all other things being equal”) conditions and “facts” based on local beliefs or tendencies do not constitute definitions.

The different definitions of crime and the vastly different tariffs which certain criminal offences attract are therefore, for the most part best understood in the context of the culture, religious practices and societal “norms” of the region or country that are being examined (excluding the universally abhorred offences – but irritatingly that is not always the case either).

Examples:

  • Judicial Corporal Punishment in Saudi Arabia for Possession of Alcohol (Flogging);
  • Mandatory death penalty for drug trafficking in Singapore;
  • Filipino President Rodrigo Duterte’s state sanctioned vigilante murders of suspected drug dealers;
  • The universal application of sharia (Islamic law) by certain countries;
  • The acceptance of sharia in some secular European countries as the basis for divorce, inheritance and other personal affairs of their Islamic population;

Looking around Google I came across the following definition of crime which was not accredited:

“Harmful act or omission against the public which the State wishes to prevent and which, upon conviction, is punishable by fine, imprisonment, and/or death. No conduct constitutes a crime unless it is declared criminal in the laws of the country. Some crimes (such as theft or criminal damage) may also be civil wrongs (torts) for which the victim(s) may claim damages in compensation.”

Types of Crime (In the Republic of Ireland) 

* A crime is defined in law in the Republic of Ireland as an act which may be punished by the State. The way in which a criminal offence is investigated and prosecuted depends on the type of crime involved. For these purposes criminal offences may be described in different ways such as:

  • Summary offences
  • Indictable offences
  • Minor offences
  • Serious offences
  • Arrestable offences

* Citizens Information. (19 July 2016). Classification of crimes in criminal cases. Journal, [online] Volume(Issue), P1. Available at: URL [Accessed 25th February. 2017].

The Test for “Guilt”

However, the mental state as well as the physical elements of a crime are key parts of establishing the guilt of a person committing an offence. In order for a person to be guilty of an offence there must be coincidence between two key concepts, that of “Mens Rea” and “Actus Reus”:

  • Mens Rea dictates that there must be a guilty mind, moral culpability and a blameworthy state of mind;
  • Actus Reus concerns itself with with the physical elements of the crime and excludes the mental element;

For guilt to be established then the two concepts must be coincidental “happening or existing at the same time”.

The latin phrase “Actus Non Facit Reum, Nisi Mens Sit Rea” translates as “An act does not itself constitute guilt unless the mind is guilty”.

REFERENCES

Naidoo, Jadel. 2016/2017. Diploma in Criminology Class Notes. Dublin Business School 1 (1) 1-14;

Penrose, Graham, AirGap Anonymity Collective (16 January 2017). Mass Surveillance & The Oxford Comma Analogy. Blog [online] Available at: URL [Accessed 25th February. 2017].

Penrose, Graham, AirGap Anonymity Collective (3 January 2017). Orwell 4.0: The Stealth Advance of Kinematic Fingerprinting & Emotion Detection for Mass Manipulation. Blog [online] Available at: URL [Accessed 25th February. 2017].

Penrose, Graham, AirGap Anonymity Collective (21 November 2016). NSA, GCHQ, The Five Eyes Handing Ireland Cyber-Security Opportunity. Blog [online] Available at: URL [Accessed 25th February. 2017].

Penrose, Graham, AirGap Anonymity Collective (29 October 2016). Ireland is NOT a Privacy Advocate. Blog [online] Available at: URL [Accessed 25th February. 2017].

Hausman, Daniel M. 1984. Causal Priority. Noûs, 18 (2): 261-279.

Hausman, Daniel M. 1998. Causal asymmetries. Cambridge: Cambridge University Press.

Citizens Information. (19 July 2016). Classification of crimes in criminal cases. Journal, [online] Volume(Issue), P1. Available at: URL [Accessed 25th February. 2017].

ENDS

The Growth of Disharmony & Social Chaos in Ireland

The Republic of Ireland is a small country with a population less than that of the metropolitan areas of Manchester & Liverpool combined. The next Irish general election will take place in 16 days from now on Friday, 26 February 2016 for the 32nd Dáil (Irish Parliament).

 

After economic meltdown in the late noughties, the subsequent bank bailouts, the collapse of the housing market, the widespread personal debt crisis, rampant homelessness, endemic poverty and the imposition of radical austerity on the ordinary citizens of Ireland by the European troika*, the country has splintered economically, socially and politically.

* European troika, the tripartite committee led by the European Commission with the European Central Bank and the International Monetary Fund, that organised loans to the governments of Greece, Ireland, Portugal, and Cyprus in return for saving the bond holders

In the centenary year of the 1916 Uprising, Ireland in 2016 looks very like it did a century ago. Consider the events of the last week along a range of social issues including the erosion of civil liberties, organised crime, extremism, xenophobia, republicanism, the refugee crisis and law & order.

The Erosion of Civil Liberties – Two Special Criminal Courts 

The recent extreme rise in violent crime nationally and gun violence between organised criminal gangs has been used by the Fine Gael party to ridicule legitimate opposition to the illegal practises of the non-jury Special Criminal Court apparatus.

Fine Gael attacked Sinn Fein for their plans to abolish it if ever elected, Fine Gael on the other hand have pledged, if reelected, to institute a second such court to clear up the backlog of cases currently before it.

Article 38, 3.1 of the constitution states “Special courts may be established by law for the trial of offences in cases where it may be determined in accordance with such law that the ordinary courts are inadequate to secure the effective administration of justice, and the preservation of public peace and order.” hence the legal basis for a court that flies in the face of normal practise whereby one is tried in front of a jury of one’s peers.

Primarily used in the past for dealing with Republicans, since the Good Friday Agreement the court has been used more and more for organised crime, while still trying dissident Republicans for their various misdeeds. Fine Gael are linking Thomas ‘Slab’ Murphy’s conviction at the court to Sinn Fein’s desire to get rid of it.

The Special Criminal Court in Ireland has been criticised by the Irish Council for Civil Liberties, Amnesty International and the United Nations Commission on Human Rights, for its procedures and for being a special court, which ordinarily should not be used against civilians.

Among the criticisms are the lack of a jury, and the increasing use of the court to try organised “ordinary” crimes rather than the terrorist cases it was originally set up to handle. Critics also argue that the court is now obsolete since there is no longer a serious terrorist threat to the State. Under the law, the court is authorised to accept the opinion of a Garda Síochána chief-superintendent as evidence that a suspect is a member of an illegal organisation. The Sinn Féin political party have been critical of the Special Criminal Court.

The Impact of Immigration, the Refugee Crisis & Rising Islamophobia

Pegida, which stands for Patriotic Europeans against the Islamisation of the West, began in Germany last year, largely in response to the European refugee crisis. Pegida attempted to hold a rally at the GPO in Dublin on the 9th Feb. 2016. Similar marches were held in Warsaw, Prague & Dresden – the one in Dublin turned violent:

“All-Out War” between Rival Criminal Gangs 

The deadly feud between the Christy Kinahan cartel (Spain) and associates of Gary Hutch started when Gary Hutch was shot dead in Spain last September. After months of simmering underworld tension, the feud exploded when a north inner city gang (6 men – 3 in SWAT uniforms with AK-47s) connected to Gary Hutch opened fire in the Regency Hotel, Dublin. The Kinahan cartel held a war council in a south inner city pub over the weekend and struck back quickly.

Despite a massive Garda presence in the city they murdered Eddie Hutch last Monday the 8th Feb, 2016 in a revenge attack. Yesterday, it emerged that just hours after Hutch was murdered, Gardai arrested ‘Fat’ Freddie Thompson and his cousin Liam Roe after a short car chase that started in Crumlin and ended in Cork Street. Thompson had his clothes seized by Gardai after they spotted blood on his tracksuit and runners.

The Rise of Far Right Groups & Reactionaries

Members of Identity Ireland were attacked in Dublin last week while travelling on the Luas (light rail system).

A group of men dressed in black masks armed with baseball bats and iron bars attacked several members of the group.

  

Spokesman for the group Peter O’Loughlin said ““The most worrying aspect was some tweets sent out by some politicians.

A Labour councillor, I think she was a councillor, sent out a tweet saying ‘ha ha ha…Karma is a bitch’. That is a Government party you are talking about. I haven’t heard anything from the likes of Joan Burton. Fianna Fáil nothing. Sinn Féin – nothing.” The attack received little coverage in the MSM.

Anger at Politicians Favouring the Elite & Imposing Additional Taxes on the Poorest 

Richard Bruton, Fine Gael politician and Minister for Jobs, Enterprise and Innovation in the current Irish coalition government came to Kilmore, Coolock in Dublin to canvass last year. Bruton has been knee deep in scandals involving state corruption (IBRC, TTIP), illegal assistance to businessmen (Siteserv / Denis O’Brien) and presided over swingeing cuts to benefits for those most in need (cuts to single mothers’ allowances). His reaction to legitimate questioning demonstrates the contempt in which Irish politicians hold their constituents.

General Increase in Extreme Crime – The Kearns Assassination / Kenneth O’Brien Dismemberment 

Detectives suspect the “professional hit team” who murdered Darren Kearns last month received a phone call from an associate who had been stalking him and described it as a highly organised murder that involved the use of two cars at very short notice.

 

Kenneth O’Brien’s torso was recovered from the Grand Canal last month and was originally connected to a dispute with Eastern European gang members.

Strained Relations with the EU over US Tax Arrangements 
(lifted in its entirety from David McWilliams article)

There are two Irelands: commercial Ireland and bureaucratic Ireland. For many years, their interests were aligned. The commercial angle revolved around Ireland having trade links with the EU but with Anglo/American tax policies for capital; the bureaucratic angle involved being pro-European.

They complemented each other. Bureaucratic Ireland wanted to curry favour amongst Europeans at the top table, while never really standing up for the citizens of the country. So when, for example, the citizens voted against EU treaties, we were admonished by bureaucratic Ireland to vote again. This is not the stuff that democracies are made of.

But now, for the first time in years, a conflict exists between commercial Ireland and bureaucratic Ireland.

Commercial Ireland, the Ireland of business, might have to, very quickly, exercise some critical thinking and restraint over bureaucratic Ireland. Commercial Ireland lives in the real economy, the one that buys and sells, makes profit, employs people, pays wages and is largely held in some way responsible for what it does.

Bureaucratic Ireland inhabits the never-never land of the Dublin-Brussels corridor, which is entirely populated by civil servants and technocrats who have no reason to worry about commercial Ireland because their wages don’t depend on commerce. There is no relationship between competence and reward in bureaucratic Ireland.

Consider the Central Bankers, Department of Finance heads and regulators whose incompetence helped destroy this economy. Who lost their job? Did anyone lose pensions? No, they were largely rewarded for their failures. At least the politicians were voted out, but the top civil servants remain unscathed.

The Centenary Year 

In 2016, in these complex times, the politicians of Ireland would do well to remember the words of Jim Larkin – “You may succeed in your policy and ensure your own damnation, by your victory”