Crime « Thurles Information

Government Support For European Depository For Evidence Of War Crimes In Ukraine

Minister for Justice Mrs Helen McEntee yesterday announced Government backing for a centralised European depository for evidence collected of international war crimes in Ukraine.

Minister McEntee will now bring motions before both the Dáil and Seanad this week seeking Oireachtas backing for the move, which will allow Ireland opt-in to the EU wide initiative.

The proposal will make Eurojust, the EU agency responsible for criminal justice co-operation, the central repository for evidence collected of international crimes that have been committed in Ukraine.

It will allow Eurojust collect, preserve and analyse evidence in relation to genocide, crimes against humanity, war crimes and related criminal offences and, when necessary and appropriate, enable its exchange or otherwise make it available to the competent judicial authorities, nationally or internationally.

An Garda Síochána, through the Garda National Bureau of Criminal Investigation, have responsibility for the investigation of core international crime and co-operate with EU authorities on such matters.

The Ukrainian prosecutor general and the prosecutor of the International Criminal Court have already welcomed the support of EU Member States and the potential initiation of criminal investigations at a national level as this ensures the professional gathering of evidence, much of which may be displaced amongst refugees, which may be relevant to their subsequent prosecutions.

A strategy to identify and collect relevant information and evidence here from Ukrainians who have fled to Ireland is currently under consideration by An Garda Síochána.

Speaking after yesterday’s Cabinet meeting, Minister McEntee said:

“We have heard appalling reports of activities in Ukraine that may in fact amount to war crime or crimes against humanity.
To investigate and prosecute these crimes, and to ensure that those who committed the crimes are held responsible and brought to justice, evidence needs to be collected and securely stored.
The Government has agreed to my proposal to take part in a crucial initiative which will create a central European repository for such evidence.
This will allow national and international judicial authorities to benefit from the fully-fledged support that Eurojust, the EU criminal justice agency, can provide in the ongoing investigations of core international crimes in the context of the aggression against Ukraine”.

This proposal will not expand Eurojust’s executive role to that of an investigating authority, which would not be covered by Eurojust’s mandate, but is meant to ensure Eurojust can receive and centrally store the evidence from different sources.

By doing so, Eurojust can support case building work in national and international investigations in a more effective way and provide additional support to the competent prosecution services.

St. Patrick’s Borstal Institution Tipperary.

Jail *(Gaol)* Gate, Clonmel, Co. Tipperary.

Recently (April 20th 2022) we here at Thurles.Info featured an article entitled “Official Opening Of New “Horses of Hope” Equine Centre At Castlerea Prison”, which is expected to play an important part in the rehabilitation of prisoners, thus preventing same from reoffending on their eventual release. Read article HERE.

History recalls the setting up of a rather similar type of institution here in Co. Tipperary, same first established back in 1906.

Ireland’s first and indeed only Borstal institution, known as St. Patrick’s Borstal Institution was located in the centre of Clonmel, Co. Tipperary, as a place of detention for young male offenders, aged between 16 and 21. Most of whom were detained for offences including larceny, house-breaking, assault, animal theft and a low number of sexual crimes.

This Clonmel borstal institution provided boy inmates with continued support, same affected by the then existing “Borstal Association of Ireland”.
Following on from their release, the aforementioned association provided help and advice in finding employment, with this aftercare proving to be extremely successful, demonstrated by the small numbers of boys relapsing back into crime, following on from their release.

The Clonmel Borstal was first established following the recommendations of the 1895 “Report of the Departmental Committee on Prisons”, latter more generally known as the “Gladstone Committee”.

The institution was modelled on an innovative approach to young-offender reform, then being developed at a similar facility in the town of Borstal near Rochester, Kent, England, then begun in 1901.

This Clonmel, Co. Tipperary institution was designed to be “educational rather than punitive (intended punishment)”, but it was highly regulated, with a focus on routine, discipline and authority during its early years. However, in cases of mutiny or assaulting a prison officer, corporal punishment was officially available in the form of a birch rod, typically applied to the recipient’s bare buttocks, but only with the consent of a magistrate in attendance.

In Clonmel, to establish this borstal it was necessary to acquire all of the old prison grounds, with older or adult prisoners then serving sentences, transferred to other existing prison institutions.

The Prevention of Crime Act 1908 envisaged that youths aged between 16 and 21, who were charged with serious offences could undergo a programme of discipline intended to rehabilitate them, while segregating minors from the influence of adult prisoners.

The average number of inmates at Clonmel Borstal, at any given time, is understood to have been about 50 in number. Only about half of these had been sent directly by a court. The others were transferred by Ministerial order from their ordinary prisons. The regime in Clonmel allowed a level of trust to develop between the staff and detainees. At the discretion of the acting Governor, the boys could be allowed out into the town to seek employment.

The Clonmel borstal was an obvious recruiting ground for the British army. Magistrate Mr Justice Thomas Moloney, while attending the Spring 1919 Court of Assizes in Clonmel, paid tribute to some 424 inmates that he estimated were enlisted to fight. He further claimed that around seventy of these boys had made the “supreme sacrifice”.

In 1922, when the civil war began in Ireland, the institution was commandeered for military purposes and inmate boys were moved to Clogheen workhouse, Co. Tipperary.

By the mid-1950s the numbers of inmates had declined and with fewer coming from Dublin, it was decided to close the facility in Clonmel.
On December 1st 1956, 50 years after its initial foundation, the Irish borstal institution vacated Clonmel for the last time.

Eight Men Appear In Thurles District Court Accused Of Serious Assault.

Eight men, including two brothers, have appeared in Thurles District Court today, with each of the accused men charged with violent disorder, while one of the eight is further charged with assault causing serious harm.

The assault followed an incident in Upperchurch, Thurles, Co. Tipperary on the night of June 27th, 2021, which led to a 19-year-old man, named as Mr Ross Whelan, receiving serious injuries, which resulted in the victim being rushed to Cork University Hospital.

The accused youths, several of whom were accompanied to court, by family members, were all remanded on bail after being charged.

The accused are named as apprentice Mr Aaron Breen, aged 20, of Freaghduff, Cashel; student Mr Brian O’Dwyer, aged 19, of Price’s-Lot, Cashel; apprentice carpenter Mr Sean Ryan, aged 19, of Beech View in the Commons; Mr Joseph Burke, aged 18 and his brother Mr Patrick Burke, aged 19, of Roskeen, Drombane; apprentice electrician Mr Joseph O’Donoghue, aged 20, of Drombane Cross, Mr Aidan Slattery, aged 20 of Ballycahill, Thurles, Co. Tipperary, and Mr AJ Shanahan, aged 20, latter with an address in Seskin, Thurles, Co. Tipperary.

Above named Mr Patrick Burke also stands accused of the additional offence of assault causing serious harm to a named individual at the same location and on the same date.

Additional bail conditions were added for each of the accused including that those with addresses in Cashel will have no contact directly with their co-accused living outside the Cashel area, as well as remaining away from the Upperchurch area.

Judge Ms Elizabeth McGrath, informed each of the men of their bail conditions, before they entered their own bond of €500.

Each of the defendants have been ordered to appear before Thurles District Court again on September 17th next, for service of the books of evidence, which Gardaí confirm contains some five volumes of material in the case.

Stalking & Non-Fatal Strangulation Made Stand-Alone Offences.

Minister Helen McEntee to make stalking and non-fatal strangulation, stand-alone offences

Changes aim to create greater awareness and reporting of stalking offences.
Court orders restraining stalking behaviours without a criminal prosecution to be introduced.
Research shows non-fatal strangulation can be an indication of future, lethal violence.

The Minister for Justice Mrs Helen McEntee TD has secured Government approval to draft legislation to make stalking and non-fatal strangulation stand-alone offences.

The introduction of these new offences of stalking and non-fatal strangulation form part of the Government’s zero tolerance approach to domestic, sexual and gender based violence, and will be key actions in the Third National Strategy, latter which is currently being finalised by the Minister.

While both stalking and non-fatal strangulation are already crimes, the Minister is proposing a number of changes to make the law in this area clearer and stronger.

These new provisions, which will be included in the Criminal Justice (Miscellaneous Provisions) Bill, will:

Amend section 10 of the Non-Fatal Offences Against the Person Act 1997 to introduce a standalone stalking offence, and amend the existing harassment offence.
Empower the courts to issue orders restraining stalking behaviours without a criminal prosecution.
Strengthen procedural protections for alleged victims of stalking during the court process.
Introduce a standalone offence of non-fatal strangulation

Stalking

On the creation of a standalone offence of stalking, Minister McEntee stated, “Stalking is an extremely serious and intrusive crime that can cause devastating psychological distress.

It may also be a precursor to acts of physical violence. Evidence suggests that having a specific offence leads to greater public awareness and to an increase in the number of cases being reported and prosecuted.

I have been struck by the bravery of campaigners sharing their experiences publicly. I have met and worked with Eve McDowell and Una Ring, the founders of Stalking Ireland, whose bravery in both recounting their personal stories and campaigning tirelessly for action to be taken on stalking has been extraordinary.

I also want to acknowledge the work of my colleague, Senator Lisa Chambers in advocating on behalf of victims of these crimes and bringing forward her own Private Member’s Bill. We are all united in our desire to tackle these serious and sinister crimes, to reduce their prevalence and prevent more serious acts of violence, for which stalking and non-fatal strangulation can be precursors of, from happening.

It is important to say that while these changes will improve the law, stalking is already a crime under the existing harassment offence. I encourage victims of stalking to report it. It can be, and it is prosecuted. Offences carry a potential sentence of up to 10 years. Perpetrators should not imagine they can act with impunity.”

The new stalking offence covers any conduct that either puts the victim in fear of violence or causes the victim serious alarm and distress that has a substantial adverse impact on their usual day-to-day activities.
A wide list of possible acts is included – such as following, communicating, impersonating, interfering with property or pets etc. However, this list is not exhaustive.

The offence can be committed by a single act – it does not need to be persistent or repeated. It also covers situations where the person finds out about some or all of the stalking acts afterwards.

In sentencing, a court must consider as an aggravating factor and increase the sentence if the person has previously been convicted of offences against the victim, such as making threats to kill.

In addition, it is proposed that a court may make an order restraining stalking behaviours separately from a criminal prosecution.

These orders would require a lower burden of proof, and can be applied for by the affected person themselves, or by the Gardaí on their behalf. They can be made against any person. This will allow victims faster access to the courts to ensure they are safe and they feel safe.

Breach of an order would be, in itself, a criminal offence carrying a maximum of one year imprisonment. It may also be a basis for a criminal prosecution for a stalking or harassment offence.

The revised harassment offence is expanded to cover any persistent conduct – not just following, watching etc – causing a serious interference with peace and privacy, or alarm, distress or harm.

Non-fatal strangulation

The proposals on non-fatal strangulation will ensure assaults involving strangulation or choking can be prosecuted as a serious offence, even if there are no observable injuries.

Two new offences will be created.

The first provides that where an assault involves strangulation it has, without any other harm being shown, the same penalties as an assault causing harm offence – which currently carries a maximum penalty of five years imprisonment.

The second offence provides that where the strangulation caused serious harm, the maximum penalty is life imprisonment. This is similar to the existing offence of causing serious harm.

Minister McEntee added, “We know that non-fatal strangulation can be an indication of future, lethal violence and is a risk factor for homicides against women in the home.
“Strangulation is highly prevalent in domestic abuse and frequently used as a tool of coercion, often accompanied by threats to kill.

While choking and strangling are already illegal, it is hoped that creating this new offence will encourage victims to come forward and report what has happened to them.”

Research suggests that a history of strangulation presents a seven fold increase in the risk of death. Internationally, strangulation is the second-most common method of killing in adult female homicides, after stabbing.

Research also highlights that non-fatal strangulation is frequently used as a tool of coercion, often accompanied by threats to kill.

The long-term physical and mental health effects of strangulation are also serious. Studies report that even where there is little to no visible injury, longer-term physical effects have been identified including internal bleeding, dizziness, loss of memory and other neurological effects. There is also an increased risk of miscarriage. Psychological outcomes identified include depression, anxiety, suicidality, PTSD and dissociation.

The under-charging of strangulation and asphyxiation has been identified in several jurisdictions, including the United States, the United Kingdom, Australia and New Zealand.

The lack of observable injuries means that the offender’s conduct may be minimised, and may be charged as a less serious form of assault.

Official Opening Of New “Horses of Hope” Equine Centre At Castlerea Prison.

Minister for Justice Helen McEntee officially opens the new “Horses of Hope” Equine Centre at Castlerea Prison, Co. Roscommon.

Prisoners can now train in horse husbandry, developing skills for employment in the horse industry post release.
Innovative partnership between Irish Prison Service and Horse Racing Industry.
New and progressive rehabilitative and educational addition to Irish Prison Estate.

Minister for Justice, Mrs Helen McEntee TD, has today officially opened the new “Horses of Hope” Equine Centre at Castlerea Prison.

The new equine centre has been developed on grounds adjacent to Castlerea Prison and has introduced a new innovative prisoner programme, where prisoners can learn practical skills that will assist in securing employment in the equine industry, post release.

The development of the equine centre is the result of an innovative partnership project, spearheaded by Mr Jonathan Irwin, between the horse racing industry and the Irish Prison Service. Many years ago, Mr Irwin witnessed first-hand an equine correctional programme in the USA, which is premised on the natural affinity between a human and a horse. Evidence from equine programmes internationally demonstrates that people in custody can learn practical skills that can be leveraged for future employment opportunities, foster responsibility and build confidence and self-belief while also developing compassion through the care of animals.

Speaking about the new equine facility Minster McEntee stated, “I am delighted to be here today to officially open this new equine facility, “Horses of Hope” on the grounds of Castlerea Prison. This is a truly innovative and a progressive addition to the prison estate, which will enhance the rehabilitative and employment options for all those who work and train here in the years to come.”

The Minister acknowledged the contribution of the equine industry to the project and said they had an important part to play in the rehabilitation of the prisoners involved, noting that the work to prevent reoffending does not stop at a prison gate on release.

The “Horses of Hope” Equine Unit at Castlerea is a single structure ‘American Stable’ which was complete in early 2020 and includes the following:

Single stables for 10 horses with integrated Tack Room, Fodder Storage and General Storage, all to have standard level of fit out i.e. instable water, adequate lighting etc.
One Exercise Arena approx. 40 x40 metres sand based cover in wood chip and associated stud fencing.
Staff and prisoner facilities with canteen, toilets, changing rooms, showers etc.
Large concrete apron for horse boxes to have adequate turning circles etc.
Suitable sewage storage and run off from stable and for mucking out stables.
Medium level secure perimeter fence with CCTV coverage from Prisons Control room, with intruder alarm.
Adequate outside lighting and ancillary services.

While the Centre is located in Castlerea Prison, it is expected prisoners who have engaged positively with constructive activities and are of good behaviour will be considered for AM/PM Temporary Release (TR) to attend the facility under the supervision of a Work Training Officer.

The Minister added; “Finding and securing meaningful and purposeful work and activity after release from prison is absolutely essential to give people real hope. It gives people the opportunity to have a different, better life for themselves and their families upon release.

This is why this programme, which provides a real pathway to employment and opportunities for the future, is so important.

As Minister for Justice I am committed to preventing and reducing reoffending in our communities, but also helping to divert offenders away from a life of crime. Rehabilitation, training and education for those who are in prison is key to that.”

Also speaking at the event on behalf of the equestrian industry Mr Robert Hall said, “I’m so proud that as global leaders on the racecourse and within all equine activities, Ireland should embrace this hugely exciting project.

This will help broaden our prowess across the full spectrum. With a syllabus that includes every aspect of responsible horse ownership we can help to reduce reoffending, while also educating a potential workforce. It also offers a valuable additional purpose for suitable horses and ponies. Indeed, Castlerea can become a worldwide role model.”