Astonishing.

This one is hard to believe. The Law is an ass and this jockey is a joke.

Man given community service after contract shot
06/12/2004 – 11:55:38

A man who fired a sawn-off shot gun at a Nigerian man he was hired to klll for a IR£15,000 fee has been given 100 hours community service by Dublin Circuit Criminal Court.

John Byrne (aged 21) with a previous address at O’Hogan Road, Ballyfermot, had agreed to carry out the shooting after another man offered him the £15,000 fee to kill Mr Ben Streetly.

  • maca

    That’s pathetic!

    “Judge Yvonne Murphy accepted that the two men were under the influence of an older and more devious man and that they both thought they were taking part in a game of some sort”

    Is she right in the head?

  • Davros

    Byrne said he hid in a bush and fired at a range of five or six feet, hitting Mr Streetly in the side.

    When asked whether it was his intention to kill Mr Streetly, Byrne replied “definitely not”.

    Does anybody believe that one could fire a sawn off shotgun from a range of 6 feet and not at least have a chance of killing the target ? The prosecution must have been abysmal.

  • Pat Mc Larnon

    I wonder if the colour and nationality of the victim had any bearing on this. This is an unbelievably lenient sentence and it looks like the prosecution and judge didn’t apply themselves as they should.

    Only a few weeks ago Orde was holding up the southern judicary as a model for sentencing.

  • Carrier

    “I wonder if the colour and nationality of the victim had any bearing on this.”

    I don’t think it’s fair to jump to that conclusion.

  • Millie

    And what other conclusion can there be? If the victim was native Irish we all know the shooter would have gone down for attempted murder.

  • Davros

    Reading the article, the victim’s race wasn’t deemed a factor in the attack Millie. Therefore it seems to me racist to imply that because the victim was not “native Irish” an attack on him should merit different treatment.

    That said, the attack deserved a custodial sentence.

    And I would challenge the assumption
    If the victim was native Irish we all know the shooter would have gone down for attempted murder.

    Jerry McCabe was “native Irish” and his killers didn’t go down for murder but manslaughter.

  • Millie

    McCabe’s killers were robbing a bank, Ben Streetly was the sole target of the attack. So by the same reasoning I can walk up to some white Irish bloke down south, blast him with a shotgun and claim it was only a prank. Might have to try that one day just for the craic.

  • Davros

    MCCabe’s Killers also got away with claiming they hadn’t meant to kill him….

  • Millie

    They didn’t set out for the bank that day with the sole intention of killing Jerry McCabe, stealing money was the objective. Like it or not that’s the difference between murder and manslaughter.

    Back to the thread, the clear message this sends out is that it’s now open season on Nigerian men in the south. After all, if the worst you can get is community service then I dread to think what’s going to come next.

  • Davros

    Sorry Millie, that’s a nonsense. What was their intention when they pulled the Trigger- to Kill.

  • willowfield

    “Native Irish” = white?

    Hmmmm.

  • James

    Defendant: “But your honor, it was such a little gun.”

    Prosecutor: The technical term, your honor, is sawed off.”

    If this guy was using a sawed off 12 gage at six feet he should have pulverized the guy. Something is goofy.

    Millie:

    They shot the cops and left the money. Like who was going to stop them from lifting the loot? Adare isn’t Metropolis.

    Notwithstanding the Green Book no-no of leaving the Garda alone, they left the money….. left the money…. left the money. Get it, left the money.

    Now, couple that screw up with taking out one cop and wounding another, and these guys should have been found barefoot in South Armagh with a bag over their heads.

    Somebody had to have one hell of a lot of juice with the Army Council for them to stay breathing.

    If this were a Gambino Family crew that screwed up like that here, you would not find them … ever. I’d be careful of my hamburgers and tacos for the next couple of weeks though.

  • Davros

    First thing the Guy who taught me Clay shooting did was show me what a “normal” 12 bore shotgun firing standard 32 gr Cartride no 7 shot did to a plate of steel at 10 Yards. At 6 feet a sawn off would leave a hole the size of your fist.

  • Millie

    ‘Sorry Millie, that’s a nonsense. What was their intention when they pulled the Trigger- to Kill.’

    Yes or to maim, either way it was to stop him. However if their purpose was to kill McCabe and that alone, they would have ambushed him at his house or work, which would have made it MURDER. That’s the law so don’t have a go at me. But let’s not deflect onto the McCabe killing as it’s NOT RELEVANT to this thread.

  • willowfield

    Were they not convicted of murder?

  • Davros

    No WF- the cops had them cold for murder until the witnesses were intimidated.

    Millie, not having a go, addressing your claim that
    if the target had been “native Irish” they would have gone down for attempted murder by looking at what happened when a “native Irishman” WAS killed. His killers weren’t convicted of murder.

  • James

    “Were they not convicted of murder?”

    No, manslaughter with terms of 11 to 14 years, depending on the defendant.

    There was, ahem, a problem with prosecution witnesses. Some came to court overdrawn at the memory bank.

    They copped a manslaughter plea in February of 1999.

    Not the DPP’s finest hour.

  • willowfield

    And people wonder why we needed Diplock courts!

  • Davros

    Even Michael Collins recognised the necessity for non-jury trials.

  • maca

    “However if their purpose was to kill McCabe and that alone, they would have ambushed him at his house or work, which would have made it MURDER. That’s the law”

    I wonder what is the actualy law, just curious.
    I don’t think this case could ever really fall into the manslaughter category, these folks got off lightly.

  • James

    maca:

    “these folks got off lightly.”

    No shit Sherlock.

    There are other victims.

    Adare is a cute touristy little place south of Limerick. It has the castle and the golf course that Clinton loves to use. They are a past Tidy Towns recipient that was living in a dream world where there were no provos, no war just lots and lots of tourist busses.

    I stayed there for a couple days there two years after the shooting. Everyone I talked to avoided the issue. It was only when I had a long talk with my host and he got to know me that he made a revealing comment. When I asked why they didn’t talk about it more, after all Patrickswell is just a short hop on the Limerick road, he replied, “You just don’t know who you’re talking to anymore”. That said it all.

  • PS

    And Kieran Milnes spent the past weeks in prison for defending his property…………

  • Roger W. Christ XVII

    I actually kind of agree that beating the crap out of someone with a hammer is probably to be discouraged. That’s excessive force, and the stupid kid could have ended up with brain damage or some other serious illness – you want to have a world where you put people in wheelchairs for life for trying to steal a car ?

    I wouldn’t say a court would come down too hard on a good thump in such circumstances though.

  • Millie

    ‘Millie, not having a go, addressing your claim that if the target had been “native Irish” they would have gone down for attempted murder by looking at what happened when a “native Irishman” WAS killed. His killers weren’t convicted of murder.’

    Davros, what part of this don’t you understand. McCabe didn’t have a contract out on his head, Mr Streetly did. Mr Streetly was walking down the street at the time he was shot, he hadn’t wandered into a bank.

  • Davros

    Millie, that still doesn’t address your claim that attempted murder of a “native Irishman” would have been dealt with more harshly.
    P.S… Garda McCabe hadn’t wandered into a bank or even a post-office for that matter, so let’s not try and make excuses for his murderers.
    It was a cold-blooded killing… not like in the movies where the copper stumbles in on an armed robbery and a single shot is fired in panic.