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THE MOTHER OF a teenage victim of alleged cyberbullying says laws need to change to protect children from online predators.
Elaine Hughes lost her son Darren Hughes Gibson (17) to suicide on 23 August 2012.
Ms Hughes believes her son was bullied online due to the colour of his skin.
Following consideration of a substantial file containing 5,500 pages of online messages, the Director of Public Prosecution has directed that no charges will be brought.
“The laws need to change, there are too many children out there who feel they have no other option,” Hughes said.
Her son Darren was found dead at the Stephenstown Industrial Estate in Balbriggan, Co Dublin on 23 August, 2012.
He had been reported missing by his mother after he failed to return to the family’s former home at New Haven Bay in Balbriggan the previous night.
Coroner Dr Myra Cullinane set a date for a full hearing into the teen’s death, but Hughes said she wants a review of the DPP’s decision.
Speaking after the inquest, she said she felt her son’s case was not being taken seriously enough.
“I want a review of the DPP’s decision and I want to see the (garda) file,” she said.
I think Darren’s case is being dismissed, that more could be done.
“I saw the messages that were sent to Darren and I found deleted messages on his phone after the guards had given it back to me, messages they had not seen.
It took them three weeks just to come back for the phone.
“This has affected our entire family, not just my own children but my parents too, the whole family is devastated at losing Darren,” she said.
Hughes broke down in tears as Sergeant John Cannon of Lusk Garda Station informed the court of the DPP’s decision not to bring charges.
The decision follows a lengthy investigation by gardaí and a considerable period of consideration by the DPP’s office after a file was submitted in early 2016.
The garda file contains some 5,500 pages of documents, much of it obtained from Facebook through mutual assistance between Irish and US authorities.
The messages were sent to and from Darren’s Facebook account.
The information provided by Facebook includes messages that were deleted after the teenager’s death and messages that include inferences of harassment and bullying.
Hughes says son had been bullied throughout his life for the colour of his skin and because he wore a hearing aid. Later this year, the family will mark the sixth anniversary of Darren’s death.
The coroner set a date for the full hearing of the inquest into Darren’s death but said this was open to change if there was any update relating to the DPP’s decision.
At present, the inquest is scheduled to be heard on 4 May 2018.
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This sets a precedent that it’s ok the viciously bully a child until they experience so much pain they feel they need to end their life to escape it. Online bullying is the worst because the bully never really had to face the victim and is completely desensitized to the victims feelings.
If I was this mother I’d bee out for blood. The state has failed her.
@Seán Ó Briain: is there anyway she could name and shame them anyway? Just because they didn’t break the law doesn’t mean they didn’t do it.
@Deborah Behan: I’m not entirely sure of the legal ramifications. If she shared the content and named the individuals, it might affect any further reviews on the case in the future. I mean, I don’t see why it would be an issue – but the law is a complex machine.
Also, be* and has*
Was typing on my phone. Apologies.
@Seán Ó Briain: it’s akin to murder in my estimation
@Seán Ó Briain: I agree, our society is very close to becoming a vigilante justice system. And can you blame people? If the lady has new evidence she should re-submit it and hope that the DPP take it into consideration. Her other recourse is a civil case. I know money won’t get her justice, but at least she could feel somewhat vindicated by winning a civil case. As proven in the infamous OJ case, a civil case does not require as heavy a burden of proof.
I’m with u though, I’d seek my pound of flesh if it was one of my kids. I’m not saying it’s right, but with no decent justice system in place, what other options do you have? We are going to see vigilante cases come b4 the courts in significant numbers in the coming years. The DPP, Judges and Justice system only have themselves to blame.
@Deborah Behan: So they can be bullied? Many were probably also children
@Al Coholic: we are only hearing one side of the story. The Garda not finding the deleted messages and taking 3 weeks to come back for the phone is a problem, the article says “the Colour of his skin”, but never mentions what the Colour was. The names sound Irish. We don’t know what was going on in his family or life, let’s not start a lynch mop just yet. Without all sides of the story. This is not a me too article.
@Seán Ó Briain: Well said Seán, at the end of the day a young man has been driven to take his own life and those that drove him to it will suffer no consequences, or even be asked to account for their actions.
What’s to say they aren’t currently doing the same thing to someone else. This is an enormous problem for the younger generation and is not coming to light because as adults we are far less aware of it. The law needs to change so people cannot torture the vulnerable silently.
@Alan Moore: you don’t have to be white to have an Irish name but I take your point on only having the article to go on.
So so sad. If it were my son, the bullies days would be numbered whatever about the DPP.
Five years for the DPP to make a decision is scandalous.. The justice system in this Country is a complete joke..
@David Garland: And who is laughing only the criminals. Being a Victim mean nothing it seems.
@David Garland: the “justice” system is there for the elites and the state, plebs don’t matter.
From the allegations made by Gerry O Carroll on Kerry baby debacle to Commissioner Martin Callinan meeting Politicians in Hotel car parks..Garda Siochana need a total overhaul and modernisation.
Smartphones should not be given to children under 15.
@sean o’dhubhghaill: no phone should be given to children under fifteen
Why not publish the 5,500 pages of messages sent by the bullies online along with their usernames and identities? Even if they are using false accounts the probability is that they used them to converse with others and they will be identified.
@Brian Ward: Great idea Brian – create a .ie website to do that (if there isn’t one already). More pages can be added in for others experiencing online abuse.
Stay away from Facebook.
@Brian Ward: wouldn’t that be bullying also?
@Al Coholic: No it wouldn’t. It would merely be putting in the public domain the interactions between this tragic victim and those that messaged him. Let people decide if the messages are spiteful and written by bullies. If the people who sent them didn’t have or write hateful messages then they have nothing to fear.
@Brian Ward: I’d assume the messages are already in the public domain the problem being that it’s likely they’re hiding behind user names and the second you identity one the onus is on you to prove that person is who you say they are. One false identification (in a country filled with people with similar names) and you could be before a civil court. Getting the name right could land you in front of a criminal court. The DPP takes a dim view of minors being named as potential defendants even if that minor is now an adult…
@Brian Ward: can we put your private conversations in the public domain Brian? what about the time you went onto pornhub, can that go in the public domain? This is tragic, but bullying kids is not the answer. Everyone must be perfect, they are so quick to attack these kids with half the story.
@Jason: Jason the messages might be in the public domain but they will be scattered. Brian is suggesting to show them all together in one place. He is not trying to prosecute anybody. It will warn young people against the dreadful effects their texts etc can have.
In our common law system judges have great discretion…They could have created a legal presitent if this case had being brought to court….Pity the DPP had not left it to the judge to decide
@John003: What do you suggest they do… Charge people for saying things online? As tragic as this case is there’s no way anti-bullying legislation could be drafted without severely limiting freedom of speech…
@Jason: Well at least apply same rules newspapers have to obey…If a newspaper libels someones character leading to suiside…. Family can sue and often get large damages…Does not effect newspapers freedom.of speech…
@John003: Libel (defamation ) is civil not criminal..and libel case cannot taken in Ireland by someone on behalf of someone who’s already dead… Find me one successful case of someone suing a newspaper in Ireland for liable after the suicide of someone. They don’t exist because under Irish law three conditions have to be met to be successful… it must be published,it must refer to the complainant and it must be false. In this case unfortunately there is no complaint..ergo no case…
@Jason: Yes you are correct..can’t libel the dead….
@Jason: enforce the laws that are their. This young lad wore a hearing aid so was covered under Equal Status Acts. This covers everyone not just employers. There’s a start.
@Jason: Of course in a trawl of those communications it’s found that the bullies referred to the child’s parents then they themselves might have a case but realistically how much money are they going to get from a 22 year old (I assume that’s about the bullies ages ) They’d be throwing more money at taking a ridiculously complicated case for little return (other of course than the satisfaction of “punishing” the bullies). I will point out of course that any action must be taken within 1 year of publication and here that boat has sailed…
@Carina Clarke: Show me a provision in the equal status act that covers discrimination by a private citizen ? Look I’m not defending the bullies here just pointing out that the DPP had no case in law to bring charges… I’d imagine they’d love a win here but unfortunately there is no “here” not legally…
The mother needs to go to the European courts , these people need to be stopped and it seems our system will not put detterants of a very strict discipline in place . These bullies carry blood on their hands ,
Switch off computer???
Sue the bullies and their parents for raising such horrible little turds.
@DaisyChainsaw: Bring in laws that will make it easier to go after them???
A stand needs to be taken at some point by the justice system.
Also, if someone sends me a text message am I within my rights to publish that online?
Things are going to come to a head with social media soon-These global mega-cops are ad slinging entities who masquerade as content creators. They have consistently ignored requests about bullying, harassment and death threats.
If they don’t clean their act up, their monetising units, people who use them, will start to dump them.
You know things are reaching a critical point when Chamath Palihapitiya, former vice-president of user growth, expressed regret for his part in building tools that “destroy the social fabric of how society works”
he had been bullied in person too why the focus on the cyberbullying?
@steve white: unfortunately as he is deceased they must rely on the written evidence.
@Paul: or personal witnesses of him being bullied?
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