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The Daltaí Boards » Archive: 2005- » 2006 (May-June) » Archive through May 08, 2006 » When Is "No Irish" a Good Thing? « Previous Next »

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Student of Loopholes (Unregistered Guest)
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Posted on Sunday, April 23, 2006 - 03:13 pm:   Small TextLarge TextEdit Post Print Post

Question: When is "no Irish" a good thing?

Answer: When you're in court! Check out this excerpt from the Connaught Telegraph at http://www.con-telegraph.ie/article-detail.asp?article_id=3307

Case dismissed because Act not translated into Irish

A SOLICITOR succeeded at Belmullet Court in having a prosecution dismissed because the legislation involved had not been translated into the Irish language.
Ms. Samantha Geraghty, solicitor, was appearing for Paddy Keane, Faulmore, Blacksod, who was charged with driving with excess alcohol at Aughleam on September 25.
She told the court her client wished to have his case dealt with through Irish and he was prejudiced because the legislation involved had not been translated into Irish.
She said she had made inquiries and could not find that the particular legislation had been translated.
Other road traffic legislation before the particular acts involved, and later legislation, had been translated.
Ms. Geraghty told Judge Mary Devins a huge amount of legislation had been translated but for some reason the two acts involved in the prosecution had not.
Supt. John Dunleavy said the defendant had signed the custody record and all documentation in English.
All of his conversations with the Gardai were in English. No reference had been made to the fact he wanted the prosecution to be in Irish.
Ms. Geraghty referred to a number of decided cases and added that it had been decided by the courts that a person was entitled to have a prosecution in Irish regardless of their ability in Irish.
"My inquiries have shown that the relevant legislation in this case is not available in Irish," she said.
The case had been adjourned from an earlier Court.

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Aindréas
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Username: Aindréas

Post Number: 66
Registered: 09-2005


Posted on Sunday, April 23, 2006 - 03:40 pm:   Small TextLarge TextEdit Post Print Post

That's vaguely amusing but at the same time not quite right … interesting article! Wish it had more details.

Coimhéad fearg fhear na foighde.

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Student of Irish (Unregistered Guest)
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Posted on Sunday, April 23, 2006 - 04:49 pm:   Small TextLarge TextEdit Post Print Post

Yes Aindréas, you're correct when you say it's not quite right. Drinking and driving is not a funny subject; I didn't think of it until after making the posting.

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Aonghus
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Username: Aonghus

Post Number: 3070
Registered: 08-2004


Posted on Sunday, April 23, 2006 - 05:02 pm:   Small TextLarge TextEdit Post Print Post

Looks like legal sharp practice to me. There was recent case involving a Gaeltacht person which was thrown out for the same reason. That was not for drink driving, and the person had asserted their rights from the start, and did live and work through Irish.
That probably gave the lawyer the idea.

One of the problems we have in Ireland is that there are many legal pitfalls in getting someone convicted for drink driving, and plenty of lawyers willing to find and explot those said pitfalls.

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Aindréas
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Username: Aindréas

Post Number: 67
Registered: 09-2005


Posted on Sunday, April 23, 2006 - 05:22 pm:   Small TextLarge TextEdit Post Print Post

I'm thrilled that people are demanding consistency and accountability from the governmental laws, especially in regard to Irish. It's however unfortunate that it can be misused like this.

A Aonghus, do you have a link to that story I could read?

Coimhéad fearg fhear na foighde.

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Antaine
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Username: Antaine

Post Number: 724
Registered: 10-2004


Posted on Sunday, April 23, 2006 - 06:16 pm:   Small TextLarge TextEdit Post Print Post

now, imagine the following:

all court proceedings in Irish.

always.

period.

by request the state will provide, free of charge to the defendant, a translator.

beaucoup jobs for those fluent in Irish. those who don't speak enough still get a fair day in court.

sends a message.

everybody wins.

never happen.

sigh

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Aonghus
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Username: Aonghus

Post Number: 3072
Registered: 08-2004


Posted on Monday, April 24, 2006 - 07:57 am:   Small TextLarge TextEdit Post Print Post


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Domhnall
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Username: Domhnall

Post Number: 503
Registered: 06-2005


Posted on Tuesday, April 25, 2006 - 07:55 am:   Small TextLarge TextEdit Post Print Post

Aontaím leis.. Caithfidh an Rialtas seirbhísí Gaeilge a soláthar i ngach gné den saol..

Divil a bhí i gceist gan é ach ag úsáid na teanga dá dhrochnósanna féin!

A people without a language of its own is only half a nation.A nation should guard its language more than its territories, 'tis a surer barrier and a more important frontier than mountain or river

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Robert (Unregistered Guest)
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Posted on Tuesday, April 25, 2006 - 09:28 am:   Small TextLarge TextEdit Post Print Post

not always that funny -remember the case of the native Conemara paedophile you used dialect interfercne to get the case stalled?

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Robert (Unregistered Guest)
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Posted on Tuesday, April 25, 2006 - 09:28 am:   Small TextLarge TextEdit Post Print Post

not 'you'

'who', rather...

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Riona
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Username: Riona

Post Number: 146
Registered: 01-2006
Posted on Tuesday, April 25, 2006 - 06:46 pm:   Small TextLarge TextEdit Post Print Post

Domhnall, nice to have you back. You've been gone for quite some time.

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Mothrae
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Username: Mothrae

Post Number: 3
Registered: 04-2006
Posted on Thursday, April 27, 2006 - 02:48 pm:   Small TextLarge TextEdit Post Print Post

Eventually everywhere will hold to the same "politically correct" atmosphere of the USA, where the courts fall all over themselves to find out if the litigants need translators, lest the case be thrown out and the court and everyone involved be sued for whatever they can be sued for.

In the case mentioned above, "They should've asked".

Squeaked by on a technicality.

Blessed be well.

Moth

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Riona
Member
Username: Riona

Post Number: 156
Registered: 01-2006
Posted on Thursday, April 27, 2006 - 07:08 pm:   Small TextLarge TextEdit Post Print Post

This is a difficult issue because it is hard to legally separate those who truly need/want to have their case through Irish and those who know they can get off easy on technicalities of the records not being translated etc. Of course this doesn't only apply to Irish, lots of things can be misused in court. The oppertunity needs to be there but it is really hard to prevent nasty lawyers from misusing it.

Beir bua agus beannacht.



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