Support & advice for state witnesses

[happenstance]

My partner and I have been victims of serious criminal damage at our home by our neighbour. We followed standard procedures and eventually ended up with the perpetrator being found guilty at the local District Court. He subsequently appealed his entire case for consideration by the Circuit Court.

This individual has continually harassed and intimidated us since then. Despite this individual being on bail (prior to Circuit appeal) the local Garda response was not to intervene but rather to suggest that we proceed with a Civil Action against him. The local community Guard is friendly with this individual's family and appears to be quite deferential to them generally.

As the Circuit Court case approached this particular Guard has contacted us several times attempting to mediate for this individual. He has stated that the person is loathe to accept his criminal status and is willing to compensate us if the matter can be resolved amicably prior to the proposed court date.

We know that we are unable to seek legal advice since this is technically a State case. We have not been given any line of communication with the State prosecutor and have no way of fully explaining how we are being treated i.e continual harassment, invasion of privacy with cctv cameras pointing into our living area, shouting and taunting when entering or leaving our premises... etc. & undue attempts of coercion by the garda involved to amend/soften our valid evidence at the Circuit court appearence in order to facilitate a reduced sanction by the Circuit judge.

Yesterday was the date of the Circuit case. The local guard tried his best to badger us into compliance prior to the calling of the case. We resisted. We asked for an opportunity to explain the circumstance to the State Solicitor prior to the hearing only to be told this was not possible. The guard and the legal team for the appellant entered the court room and requested and obtained an adjournment of the case until Jan 2008. We heard this from a third party and were left waiting outside in the communal area.

What support are we entitled to? We believe we have been treated badly and are still in a limbo of sorts. Our neighbour's intimidating behaviour has continued since. We are both highly distressed and have been attending our doctor for support and anti anxiety medication for the situation we are forced to endure.

Advice as to how to proceed would be most welcome.

 

[Vanilla]

What you are describing sounds like harassment and is something that the guards can prosecute your neighbour for. I hope that you have continued to report any and all such incidents to your local garda station and have insisted that they keep a record ( written). If not, do so now. Ask the gardai what they intend to do about this and if they do not intend to prosecute take the matter up with the local inspector or superintendant. If that fails I suggest you go to the garda ombudsman.

In relation to the present state case as you know you are merely witnesses for the state despite being the victims and therefore your position can be difficult in that you do not have a locus standi or a legal right to be independently represented. It certainly sounds however that you are being treated shabbily in that you are not being listened to. Again, I would suggest that you report this matter to the local Super, and if you feel your problems are not being addressed, to the Ombudsman. Although a solicitor cannot address the court on your behalf in relation to the present case sometimes your family solicitor can deal with the gardai on your behalf in relation to these kinds of matters though I have to say I found your post to be very lucid and well written and you certainly sound able to deal with this matter for yourself if you don't find it too stressful.

I hope matters improve for you and rapidly because it sounds like you are having a very tough time.

 

[niceoneted]

I'm so sorry to hear what you are going through that is tough. The advice you have already been given is exactly what should do.
I would also draft a letter to the state solicitor and send it to them directly, so that there might be some possibility of it going into your file and they will be aware of, as it sounds like the Guards won't be making the state solicitor aware of what's going on and will be trying to get them to go easy on the defendants.

Keeping all details (dates/times/what happens) of incidents is vital.

 

[Dachshund]

You've got some good advice from Vanilla above.

The Director of Public Prosecutions websitehas some information about what should happen to victims of crime. The [broken link removed]suggests that you should have been able to request a meeting with the State Solicitor before the trial. Best of luck with your case.