Latest news with #PublicProsecutions
Irish Daily Mirror
21 hours ago
- Irish Daily Mirror
Woman brought rolling pin to bed to fight off rapist husband
A woman who brought a rolling pin to bed with her because she was in fear of her estranged husband later used that rolling pin to fight him off as he raped her. The 43-year-old man had pleaded not guilty to two charges of rape at their Tipperary home on dates in April and May 2022. A Central Criminal Court jury later convicted the man on one charge of rape but failed to reach a verdict on the first incident of alleged rape. Mr Justice Paul Burns imposed a sentence on the man of seven years with the final year suspended. A local investigating detective told Michael Hourigan SC, prosecuting, that the couple had been married since 2010 and had a daughter together. The marriage had run into difficulties after the woman said he was drinking to excess. She said he also caused bruises on her arms and legs by 'pulling, pushing and grabbing' her strongly on regular occasions. In 2015, she applied for a divorce but the man seemed to be in denial. They were sleeping separately and at the time of the rape had not had sex in over a year. The Irish Mirror's Crime Writers Michael O'Toole and Paul Healy are writing a new weekly newsletter called Crime Ireland. Click here to sign up and get it delivered to your inbox every week The detective said in April 2022, the woman later told gardaí that she woke up to find the man raping her. She then began to regularly lock her bedroom door. This was the charge that the jury failed to reach a agreement on. Mr Hourigan said the Director of Public Prosecutions has directed that this charge will not be tried again before a jury and a nolle prosequi was entered, meaning the man no longer faces prosecution for this charge. The detective said that on May 15, 2022 the woman had an argument with the man and described the atmosphere in the house as 'not good'. She did not lock her bedroom door that night but the detective agreed with Mr Hourigan that she 'thought it prudent to bring a rolling pin to bed with her'. She woke up that night to find the man raping her. She struck him twice with the rolling pin before he stopped raping her. The woman reported the rape to the gardaí and they arrived at their home to arrest the man. He was considered too drunk to be interviewed at the time but was later questioned six times. He denied any wrongdoing. The detective read the woman's victim impact statement into the record. She said since the rape her life has 'extremely changed' mentally, physically and financially. 'I could not cope with what had happened,' she said as she described experiencing nightmares, anxiety and PTSD. She said she was not eating, not sleeping and suffered a mental breakdown. The woman said she had no happiness and began drinking heavily. The woman said she does not know how she will cope financially in the future. She can no longer work and has unpaid bills, including her mortgage. Colman Cody SC, defending, said although his client made no admissions and does not accept the jury's verdict he was co-operative with the garda investigation. He said his client was aware of the issues the woman has been experiencing financially but is not in a position to assist with this because of the fact that he is in custody and is unable to work. Mr Justice Burns noted the couple had been separated but still shared a home due to their financial circumstances. He said the accused had broken trust and taken advantage of the woman being asleep, with the violation occurring in her own bed. He also noted the prior relationship between them was an aggravating factor. He set a headline sentence of eight years, before noting in mitigation the man's lack of prior convictions, work history, co-operation with gardai and that he was a good father. Mr Justice Burns imposed a sentence of seven years with the final year suspended for three years.
The Advertiser
4 days ago
- The Advertiser
Great-granny given 'no chance' to avoid tasering by cop
An ex-police officer spared jail for killing a 95-year-old woman didn't give her "any real chance" to avoid being tasered during an encounter that lasted less than three minutes, a court has been told. Then-senior constable Kristian James Samuel White fired his Taser at Clare Nowland minutes after being called to the Yallambee Lodge nursing home at Cooma in southern NSW. She died in hospital a week after the incident in the early hours of May 17, 2023. The 35-year-old was handed a two-year good behaviour bond and ordered to complete community service in March after a jury found him guilty of manslaughter. Crown prosecutors appealed against the "manifestly inadequate" sentence when the case went to the NSW Court of Criminal Appeal in Sydney on Friday. Director of Public Prosecutions Sally Dowling SC argued that Supreme Court Justice Ian Harrison made a number of errors when he decided not to send White to prison. She told the court Mrs Nowland suffered symptoms of dementia and relied on her walking frame to move around the building. "All of the footage … shows how frail she was, how disorientated she was and how confused she was in the hours leading up to the events," Ms Dowling said. The great-grandmother was "extremely vulnerable" at the time because she was tired, confused, frail and moved slowly. She had no discernible reaction to his warnings or requests to drop the knife she was holding during the two minutes and 40 seconds interaction with White. "At no time did Mrs Nowland advance brandishing the knife," Ms Dowling said. She was stationary when he said "nah bugger it" and discharged the Taser at her chest, causing her to fall backwards and sustain a brain injury. "(White) did not give her any real chance to avoid being tasered," Ms Dowling said. "There were many other options available to him." Justice Harrison was wrong to conclude jailing White would be disproportionate to the seriousness of the offending. He also mistakenly found the police officer made a "terrible mistake" but his crime was less serious than other manslaughter offences, prosecutors claim. In his judgment, Justice Harrison decided the need to deter other police officers from committing similar offences played "only a minor role" in his sentencing decision. But Ms Dowling believes he should have issued a strong warning to other police. Mrs Nowland's eldest son Michael slammed the sentence as "very disappointing" when it was handed down. "A slap on the wrist for someone who's killed our mother - it's very, very hard to process that," he said. Mrs Nowland's family attended every day of White's trial and returned to fill rows of the public gallery during the appeal, which continues on Friday. An ex-police officer spared jail for killing a 95-year-old woman didn't give her "any real chance" to avoid being tasered during an encounter that lasted less than three minutes, a court has been told. Then-senior constable Kristian James Samuel White fired his Taser at Clare Nowland minutes after being called to the Yallambee Lodge nursing home at Cooma in southern NSW. She died in hospital a week after the incident in the early hours of May 17, 2023. The 35-year-old was handed a two-year good behaviour bond and ordered to complete community service in March after a jury found him guilty of manslaughter. Crown prosecutors appealed against the "manifestly inadequate" sentence when the case went to the NSW Court of Criminal Appeal in Sydney on Friday. Director of Public Prosecutions Sally Dowling SC argued that Supreme Court Justice Ian Harrison made a number of errors when he decided not to send White to prison. She told the court Mrs Nowland suffered symptoms of dementia and relied on her walking frame to move around the building. "All of the footage … shows how frail she was, how disorientated she was and how confused she was in the hours leading up to the events," Ms Dowling said. The great-grandmother was "extremely vulnerable" at the time because she was tired, confused, frail and moved slowly. She had no discernible reaction to his warnings or requests to drop the knife she was holding during the two minutes and 40 seconds interaction with White. "At no time did Mrs Nowland advance brandishing the knife," Ms Dowling said. She was stationary when he said "nah bugger it" and discharged the Taser at her chest, causing her to fall backwards and sustain a brain injury. "(White) did not give her any real chance to avoid being tasered," Ms Dowling said. "There were many other options available to him." Justice Harrison was wrong to conclude jailing White would be disproportionate to the seriousness of the offending. He also mistakenly found the police officer made a "terrible mistake" but his crime was less serious than other manslaughter offences, prosecutors claim. In his judgment, Justice Harrison decided the need to deter other police officers from committing similar offences played "only a minor role" in his sentencing decision. But Ms Dowling believes he should have issued a strong warning to other police. Mrs Nowland's eldest son Michael slammed the sentence as "very disappointing" when it was handed down. "A slap on the wrist for someone who's killed our mother - it's very, very hard to process that," he said. Mrs Nowland's family attended every day of White's trial and returned to fill rows of the public gallery during the appeal, which continues on Friday. An ex-police officer spared jail for killing a 95-year-old woman didn't give her "any real chance" to avoid being tasered during an encounter that lasted less than three minutes, a court has been told. Then-senior constable Kristian James Samuel White fired his Taser at Clare Nowland minutes after being called to the Yallambee Lodge nursing home at Cooma in southern NSW. She died in hospital a week after the incident in the early hours of May 17, 2023. The 35-year-old was handed a two-year good behaviour bond and ordered to complete community service in March after a jury found him guilty of manslaughter. Crown prosecutors appealed against the "manifestly inadequate" sentence when the case went to the NSW Court of Criminal Appeal in Sydney on Friday. Director of Public Prosecutions Sally Dowling SC argued that Supreme Court Justice Ian Harrison made a number of errors when he decided not to send White to prison. She told the court Mrs Nowland suffered symptoms of dementia and relied on her walking frame to move around the building. "All of the footage … shows how frail she was, how disorientated she was and how confused she was in the hours leading up to the events," Ms Dowling said. The great-grandmother was "extremely vulnerable" at the time because she was tired, confused, frail and moved slowly. She had no discernible reaction to his warnings or requests to drop the knife she was holding during the two minutes and 40 seconds interaction with White. "At no time did Mrs Nowland advance brandishing the knife," Ms Dowling said. She was stationary when he said "nah bugger it" and discharged the Taser at her chest, causing her to fall backwards and sustain a brain injury. "(White) did not give her any real chance to avoid being tasered," Ms Dowling said. "There were many other options available to him." Justice Harrison was wrong to conclude jailing White would be disproportionate to the seriousness of the offending. He also mistakenly found the police officer made a "terrible mistake" but his crime was less serious than other manslaughter offences, prosecutors claim. In his judgment, Justice Harrison decided the need to deter other police officers from committing similar offences played "only a minor role" in his sentencing decision. But Ms Dowling believes he should have issued a strong warning to other police. Mrs Nowland's eldest son Michael slammed the sentence as "very disappointing" when it was handed down. "A slap on the wrist for someone who's killed our mother - it's very, very hard to process that," he said. Mrs Nowland's family attended every day of White's trial and returned to fill rows of the public gallery during the appeal, which continues on Friday. An ex-police officer spared jail for killing a 95-year-old woman didn't give her "any real chance" to avoid being tasered during an encounter that lasted less than three minutes, a court has been told. Then-senior constable Kristian James Samuel White fired his Taser at Clare Nowland minutes after being called to the Yallambee Lodge nursing home at Cooma in southern NSW. She died in hospital a week after the incident in the early hours of May 17, 2023. The 35-year-old was handed a two-year good behaviour bond and ordered to complete community service in March after a jury found him guilty of manslaughter. Crown prosecutors appealed against the "manifestly inadequate" sentence when the case went to the NSW Court of Criminal Appeal in Sydney on Friday. Director of Public Prosecutions Sally Dowling SC argued that Supreme Court Justice Ian Harrison made a number of errors when he decided not to send White to prison. She told the court Mrs Nowland suffered symptoms of dementia and relied on her walking frame to move around the building. "All of the footage … shows how frail she was, how disorientated she was and how confused she was in the hours leading up to the events," Ms Dowling said. The great-grandmother was "extremely vulnerable" at the time because she was tired, confused, frail and moved slowly. She had no discernible reaction to his warnings or requests to drop the knife she was holding during the two minutes and 40 seconds interaction with White. "At no time did Mrs Nowland advance brandishing the knife," Ms Dowling said. She was stationary when he said "nah bugger it" and discharged the Taser at her chest, causing her to fall backwards and sustain a brain injury. "(White) did not give her any real chance to avoid being tasered," Ms Dowling said. "There were many other options available to him." Justice Harrison was wrong to conclude jailing White would be disproportionate to the seriousness of the offending. He also mistakenly found the police officer made a "terrible mistake" but his crime was less serious than other manslaughter offences, prosecutors claim. In his judgment, Justice Harrison decided the need to deter other police officers from committing similar offences played "only a minor role" in his sentencing decision. But Ms Dowling believes he should have issued a strong warning to other police. Mrs Nowland's eldest son Michael slammed the sentence as "very disappointing" when it was handed down. "A slap on the wrist for someone who's killed our mother - it's very, very hard to process that," he said. Mrs Nowland's family attended every day of White's trial and returned to fill rows of the public gallery during the appeal, which continues on Friday.
Daily Maverick
6 days ago
- Politics
- Daily Maverick
Process to appoint Shamila Batohi's successor must be handled with great care and expertise
The Government of National Unity has promised to fight corruption and restore trust in state institutions. That pledge will ring hollow if it fails to act boldly on one of the most important appointments of the next five years. In January next year, National Director of Public Prosecutions Shamila Batohi will reach the mandatory retirement age and vacate her office. This moment presents South Africa with a crucial opportunity — not only to appoint a mission-critical leader, but to restore credibility to a deeply damaged institution: the National Prosecuting Authority (NPA). If we are serious about rooting out corruption, prosecuting State Capture and re-establishing the rule of law, then we must recognise that, as it stands, the NPA is failing to execute its constitutional mandate. This is not a criticism of one individual, but a reflection of a systemic crisis. Unless the appointment of Batohi's successor is handled with great care and expertise, we risk entrenching the dysfunction that has made justice so elusive for the perpetrators of State Capture. The Centre for Development and Enterprise recently released a report outlining two urgent, interlinked interventions: the creation of a robust and transparent appointment process for the new National Director of Public Prosecutions; and the establishment of an inquiry into the NPA's performance, led by a retired senior judge. Neither step can wait. And both, if implemented correctly, could help revitalise one of the most important institutions in South Africa's democracy. The NPA is the constitutional bulwark against the abuse of power. Yet it has been weakened by decades of political interference, flawed appointments, and institutional mismanagement. Since its establishment in 1998, no National Director of Public Prosecutions has completed a full term. Several were removed by court rulings that found their appointments to be unlawful or irrational. That revolving door at the top has undermined stability, effectiveness, and morale. Turmoil of the Zuma years Shamila Batohi has brought a measure of steadiness to the role after the turmoil of the Jacob Zuma years. But the structural damage done during the State Capture era has proved hard to reverse. Even Batohi recently acknowledged that the prosecuting authority was 'not out of the woods yet', and admitted that — despite progress with general conviction rates — the NPA had failed to successfully prosecute any major State Capture cases involving high-level political actors. This is a devastating admission. The Zondo Commission and investigations by various journalists have laid out, in painstaking detail, the networks of corruption and abuse that hollowed out the state. But far too many implicated individuals are still at large. The withdrawal of charges in the case of Moroadi Cholota, a former assistant of former Free State premier Ace Magashule, is the latest reminder that something is fundamentally wrong with how high-level cases are being pursued. These failures embolden wrongdoers and erode public confidence in the state's ability to hold the powerful to account. That is why the Centre for Development and Enterprise is calling on the president to act swiftly and decisively. Reformed process Our first proposal is that the president should reform the process for appointing the National Director of Public Prosecutions. The current practice, governed by the NPA Act, gives the president broad discretion with little built-in transparency or accountability. This has led, time and again, to poor outcomes. President Jacob Zuma's disastrous appointments of Menzi Simelane and Shaun Abrahams — both ultimately declared invalid by the Constitutional Court — still cast a long shadow. We need to do better. The Centre for Development and Enterprise recommends a two-stage appointment process, modelled on the one used in 2019 to appoint the current Commissioner of the South African Revenue Service (SARS), Edward Kieswetter. That process emerged from the Commission of Inquiry into Tax Administration and Governance by SARS, headed by a retired senior judge, which exposed deep dysfunction and offered actionable recommendations to restore good governance. Its impact is evident in SARS's turnaround since then. We believe a similar approach can rescue the NPA. In terms of our proposal, the president would begin by identifying candidates who meet clearly defined criteria: they would have to be legal practitioners qualified to appear in all courts, as well as individuals with significant prosecutorial and managerial experience, unblemished integrity, and a demonstrable commitment to the NPA's independence and constitutional role. These candidates would then be assessed by a high-level, independent panel. This panel should comprise individuals with high credibility across sectors: a retired judge, a senior advocate or attorney, a former National Director of Public Prosecutions or experienced prosecutor, a respected civil society leader, a retired senior public servant, and a business leader with considerable turn-around managerial experience. This diverse and balanced composition would ensure that legal, managerial, ethical, and governance expertise are all represented in the evaluation process. Importantly, while the panel's membership, criteria, and final recommendations should be made public, the actual interviews and deliberations should remain confidential. As we have seen with the Judicial Service Commission, public interviews can dissuade good candidates, encourage superficial discussions, and turn serious assessments into media spectacles. A more discreet approach fosters thoughtful deliberation and single-minded focus on finding the best person for this vital job. Shortlist Once the panel has concluded its work, it should submit a reasoned recommendation — or shortlist — to the president, who retains the final decision but must publish both the panel's advice and the rationale for his choice (even if it is different from that of the panel). This process would significantly enhance public trust and reduce the risk of political manipulation. Legally, the president has the option of extending Batohi's term by up to two years. The Centre for Development and Enterprise believes this would be a mistake. The NPA needs new leadership and a reinvigorated mandate. Extending the status quo would squander a rare opportunity to introduce fresh energy into a flailing organisation. To ensure a smooth transition, the next National Director of Public Prosecutions should be named by December 2025. That provides enough time for a meaningful appointment process and ensures there is no leadership vacuum at the top. Appointing a capable National Director of Public Prosecutions alone will not solve the NPA's challenges. The incoming leader must know what they are up against. That is why the Centre for Development and Enterprise's second recommendation is equally urgent: the establishment of an inquiry, led by a retired senior judge, into the structure, leadership, independence, and performance of the NPA. This inquiry — ideally completed by the end of 2025 — would provide a detailed, independent diagnosis of the challenges facing the prosecuting authority. Like the Nugent Commission did for SARS, it would offer a roadmap for reform based on facts, not speculation. The inquiry should deliver an interim report to the president and minister of justice before the new National Director of Public Prosecutions takes office, with a final report tabled in Parliament within eight weeks of its completion. Where the state decides not to adopt a recommendation, it must provide reasons publicly. Transparency and accountability must be central throughout the process. Political test Reviving the NPA is not just a legal necessity — it is a political test. The Government of National Unity has promised to fight corruption and restore trust in state institutions. That pledge will ring hollow if it fails to act boldly on one of the most important appointments of the next five years. The office of the National Director of Public Prosecutions is not merely another job; it is a vital instrument in the defence of democracy. It must be filled by someone of real capability and independence, chosen through a process that inspires confidence rather than suspicion. Done right, this appointment could mark the beginning of a new chapter for the NPA. Done wrong, it will confirm the worst fears of a public that has waited far too long for justice. DM
Sunday World
6 days ago
- Sunday World
Psychiatric report on alleged Parnell Square attacker now complete
Riad Bouchaker is charged with assaulting a care worker and attempting to murder three children The scene in Dublin city centre after the incident on Parnell Square (Brian Lawless/PA) A psychiatric report has now been completed on Riad Bouchaker, who is charged with assaulting a care worker and attempting to murder three children on Parnell Square in Dublin, a court has heard. At the Central Criminal Court today, a senior counsel acting for Mr Bouchaker said that he received the report yesterday and will make it available to the Director of Public Prosecutions in due course. Mr Justice Paul McDermott put the matter back for mention to July 23 next. Mr Bouchaker (51), of no fixed abode, is charged with the attempted murder of two girls and one boy. He is also charged with assault causing serious harm to a care worker and possession or production of a knife. The incident occurred at Parnell Square on the afternoon of November 23, 2023. In December last year, the court was told that a psychiatrist assessing the accused man deemed it necessary to have further work carried out by a neuropsychologist. In April, the court heard that the expert's report had been made available, but the psychiatrist requested a further four weeks to review matters. The court also heard that the treating doctor had encountered delays accessing the defendant in prison and with regards to the availability of an interpreter. At the last mention of the case on May 28, the court was told that the psychiatrist had indicated she would complete her own report within three weeks. At that same sitting, Mr Justice McDermott noted the age of the complainants and said the case must be given priority as soon as the psychiatric issue was resolved. He asked that everyone involved, including lawyers and professionals, "strain themselves" to ensure it gets on as quickly as possible. In February of this year, the Department of Justice and the courts announced a protocol to fast-track trials involving children. The courts have committed to completing the trial process within one year, where possible, if a child is the alleged victim or perpetrator. The scene in Dublin city centre after the incident on Parnell Square (Brian Lawless/PA) News in 90 Seconds - June 25th
Eyewitness News
22-06-2025
- Politics
- Eyewitness News
Kubayi commits to meeting with ActionSA after it called for Batohi's removal
JOHANNESBURG - Justice Minister Mamoloko Kubayi has committed to meeting with ActionSA after the party called for the removal of National Director of Public Prosecutions Shamila Batohi. The party said Batohi had failed in leading the organisation to prosecute high-profile cases like that of Nigerian pastor, Timothy Omotoso, and former minister, Zizi Kodwa. ALSO READ: ActionSA calls for NPA head Shamila Batohi to be suspended On Thursday, ActionSA handed over a memorandum of demands outside the Department of Justice's office in Tshwane on Batohi's removal. The minister's spokesperson, Terrence Manase, said: "She is saying she did write requesting for a meeting, but she did not get any response. Maybe that response is still coming. "She is saying she is still prepared to engage with yourselves and your leadership collective in that meeting."
