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Ballot boxes are opened in the Childrens Rights Referendum count at CityWest in Dublin Laura Hutton/Photocall Ireland

So the Children's Referendum has passed - what happens next?

The Yes vote has been passed, but issues could remain around turnout, Saturday voting, and whether the result will be challenged.

THE CHILDREN’S REFERENDUM has passed, and the result has been overwhelmingly welcomed by politicians and groups.

With a low turnout of 30 per cent, provisional results show that the Yes vote was 58 per cent while the No vote was 42 per cent.

So what happens next?

When Fine Gael’s Director of Elections for the Children’s Referendum, Minister Leo Varadkar TD, welcomed the Yes vote, he noted that a number of other things should follow on from this.

He explained:

It is incumbent now on us as a Government to follow through on this historic decision by giving practical effect to the children’s amendment. This will include passing legislation to bring about equality in adoption law, enhancing child protection laws, the closure of St Patrick’s Institution, and the reform our family courts, among other measures.

The Houses of the Oireachtas has proposed to amend the Constitution 30 times prior to today, with the first amendment taking place in 1939 and providing for a state of emergency to secure public safety and the preservation of the State in time of war or armed rebellion.

Other referendums that passed covered issues such as the European Economic Community (1972), adoption (1979), the Maastricht Treaty (1992), the death penalty (2011), and the Nice Treaty (2002).

Challenge

No campaigner John Waters said earlier today that there could be a challenge to the vote, if the referendum was passed. Though no announcement has been made yet, this is still a possibility.

Last week saw a Supreme Court ruling which upheld the Mark McCrystal challenge to the Government’s website and booklet on the referendum as being “not fair, equal or impartial”. This could continue to be an ongoing concern to those in power – and those who opposed the passing of the referendum.

Also earlier today, Dearbhail McDonald, the Irish Independent’s Legal Editor, predicted “huge sighs (of) relief” in the Government if the poll is passed, considering their “blunder”. It remains to be seen if those sighs are replaced with sharp intakes of breath should the referendum result be challenged.

Turnout

The very low turnout of 30 per cent is sure to be a concern for the Government going forward. Children’s Minister Frances Fitzgerald described it as a “democratic issue” and said that turnout is a big issue.

The low turnout could be blamed on a combination of a number of factors:

  • The day
  • The lack of political opposition
  • The campaigning
  • The fact it was a referendum

Referendums traditionally have a lower turnout than elections, so this would partly explain the turnout. But the issue was further complicated by the fact that the referendum itself had overwhelming support from the government. This lack of conflict within the government was one of the reasons Children’s Minister Frances Fitzgerald said there was a low voter turnout.

In late October, an Oireachtas Committee even had to call off plans for a formal Yes campaign event after fears that it could breach the McKenna Case Supreme Court ruling, which found that it was unconstitutional for the government to use public funds to campaign for a particular vote in a referendum, as this was “an interference with the democratic process and the constitutional process”.

Finance Minister Michael Noonan took the step of asking RTÉ to reconsider its usual protocol of ensuring equal prominence and airtime to both sides of the debate, but we showed how both sides would get 50/50 coverage.

Still, there were complaints from the editor of Alive magazine that campaigners on the No side did not get a fair hearing on various media, with some broadcasters allegedly choosing to use some campaigners more than others.

Saturday voting

Will future referendums be held on Saturdays? One person who wants them to be is Fine Gael TD for Dublin North Alan Farrell, who feels weekend voting is so important that he has introduced a Bill to the Dáil to legislate for it.

He said this is on the basis that it will have less impact on public services and schools, and that it allows the opportunity for students and people working away from home to engage in the democratic process.

Tánaiste Eamon Gilmore said today on RTÉ Radio that the government was “conscious that [Saturday voting] was something that was relatively new”, and that the government may have to look at it again.

He added:

It may well be that people’s voting pattern works better with their working pattern than it does with the routine families have on a Saturday.

Earlier this month, the Tánaiste said that the future of voting on a Saturday would hinge “to a great extent” on yesterday’s turnout.

Read: As it happened: The Children’s Referendum count>

Read: “Historic” – overwhemingly positive reaction to Children’s Referendum result>

Read: Most Effort Put Into A Spoiled Vote of the Day>

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82 Comments
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    Mute Mickey Finn
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    Oct 26th 2021, 5:33 PM

    Why would you have 36 convictions and still be allowed to be in society?

    1676
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    Mute slfc21
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    Oct 26th 2021, 5:51 PM

    @Mickey Finn: yeah and unfortunately that’s a low amount compared to others still out free in society.

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    Mute John Mc Donagh
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    Oct 26th 2021, 6:46 PM

    @Mickey Finn: This is Ireland Mickey. You gotta remember that a locked-up criminal is of little use to the legal profession. Just try to visualize the amount of loot they (the legal eagles) have got from this buck already—- And still wonderful potential for more.

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    Mute Edward Natali
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    Oct 26th 2021, 7:24 PM

    @John Mc Donagh: Let me just try to understand here. You’re saying the legal profession has a hidden agenda to keep him out of jail, so they can use him as a cash cow for services?
    Do you really think this ‘young buck’ you speak of has the finances to pay? Or is it subsidised.
    And should a legal professional not be paid for the service they provide to a serial reoffender?
    On top of this, only a judge can decide on his guilt, and punishment if any. But I guess you think they’re in cahoots and it’s a big conspiracy?

    34
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    Mute Edward Natali
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    Oct 26th 2021, 7:26 PM

    @John Mc Donagh: It’s very odd when someone kicks a dog so hard it dies, and he’s called a “young buck” being taken advantage of by solicitors.

    59
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    Mute Ann Neylan
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    Oct 26th 2021, 7:43 PM

    @Edward Natali: I don’t want him kicking my dog.

    55
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    Mute Edward Natali
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    Oct 26th 2021, 7:52 PM

    @Ann Neylan: I’m pretty sure that goes without saying… but obviously judges and legal professionals do right? I mean how else would they make any money. As the old legal phrase goes, “teach a man to kick a dog, and you’ll have a client for life”…

    45
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    Mute wholetthedogsout
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    Oct 26th 2021, 10:21 PM

    @Edward Natali: yes Eddy, it is one of the biggest crimes of the centuries, lawyers and judge’s in a big money pocket lining schemes ever seen. Because this young buck has no money, he still gets the free legal aid, which the tax payer pays for, lining the solicitors pockets and in turn a sweetheart deal is struck between the judge and solicitors. Otherwise should the law start to hand out the sentences that should be handed down..this little buck would be of no use to keeping our legal eagles in the life style they have become a custom to..

    77
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    Mute Stuart Birney
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    Oct 26th 2021, 10:35 PM

    @John Mc Donagh: Jaysus, quite the conspiracy theorist you are John.. FFS!

    9
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    Mute Edward Natali
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    Oct 26th 2021, 11:25 PM

    @wholetthedogsout: I can’t tell if you’re just trying to be a troll, or genuinely believe in this diatribe against the entire legal profession and Judiciary.

    10
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    Mute John Mc Donagh
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    Oct 26th 2021, 11:52 PM

    @Edward Natali: —I’m afraid you got that wrong —-It’s the taxpayers that are being taken advantage of!

    40
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    Mute Nick Caffrey
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    Oct 27th 2021, 10:23 AM

    @Edward Natali: Yup. If he has so little empathy and 36 convictions, it’s only a matter of time before he does in some human. Do we really need him in society?

    18
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    Mute Eric
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    Oct 26th 2021, 5:29 PM

    The only “protected animal” was the one in court.

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    Mute Nomad
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    Oct 26th 2021, 5:19 PM

    Absolutely disgusting sentence. Surely that can be reviewed and increased? The lad clearly has no respect for anyone or anything. Some people can’t be saved. Throw away the key.

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    Mute James Reardon
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    Oct 26th 2021, 5:56 PM

    @Nomad: 19 years of age, 36 convictions, currently serving a prison sentence for violent disorder, says a lot really, and to do something so disgusting to a tiny harmless pet, imagine what this animal would do to a human. Hope the C ** T rots.

    1089
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    Mute mark connolly
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    Oct 26th 2021, 5:28 PM

    That’s exactly how most psychopaths get started. I have no sympathy whatsoever for people who hurt defenseless animals. He got of lightly, they should make an example of him. So many convictions for someone so young, unreal.

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    Mute Laura English
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    Oct 26th 2021, 5:33 PM

    A joke of a justice system

    671
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    Mute Ann Neylan
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    Oct 26th 2021, 7:44 PM

    @Laura English: the country were living in.

    85
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    Mute Ballybough Marcus
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    Oct 26th 2021, 5:31 PM

    Disgraceful sentance, should be a few years for that.

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    Mute Eddie O'Neill
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    Oct 26th 2021, 5:22 PM

    P.O.S. – and that’s putting it very lightly

    423
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    Mute Michael Byrne
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    Oct 26th 2021, 5:30 PM

    The things I would love to say about this sorry excuse for a human, but the Journal’s toxic meter would break!!!!!!

    465
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    Mute Alan Biddulph
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    Oct 26th 2021, 5:52 PM

    Done a quick google to see what this absolute excuse of a human looks like. Let’s just say he has the face to match his personality. I wish nothing but bad luck for him.

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    Mute Michael Quirke
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    Oct 26th 2021, 7:10 PM

    @Alan Biddulph: A quick Google search also shows he almost kicked a human to death not long ago. The judiciary have a lot to answer for, allowing criminals like this back on the streets to repeat offend

    401
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    Mute WadeBoggs
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    Oct 26th 2021, 7:58 PM

    @Michael Quirke: Mandatory service in the army should be required instead of soft juvenile jails with Playstations etc. See how brave they are acting up in the Curragh when literally every superior officer would beat seven shades from them. It’s a massive failing in our system that this isn’t the approach for juvenile offenders.

    203
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    Mute Eveina Moore
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    Oct 26th 2021, 5:31 PM

    Teen at 19, seriously stop excusing this awful barbaric behaviour based on age, he is a grown adult who should know better, absolutely disgraceful on a poor defenseless animal

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    Mute Barrycelona
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    Oct 26th 2021, 6:22 PM

    He said ‘ I didn’t really remember what happened’ What if it had been a child, with justice like that, he probably would have got a lesser sentence. I thought sentences were given out based on how dangerous a person is to society. 36 convictions obviously doesn’t qualify you for that.

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    Mute Bala mc blaha
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    Oct 26th 2021, 6:06 PM

    Not long enough

    192
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    Mute James Grant
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    Oct 26th 2021, 6:07 PM

    6 months isn’t anywhere near enough for him and his excuses don’t cut it either
    The justice system here is disgusting if that’s all they gave him

    258
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    Mute RJ.Fallon
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    Oct 26th 2021, 6:56 PM

    @James Grant: In England there are now sentences of up to 10 years for animal cruelty , however ,for some warped reason , this excludes the horrific cruelty inflicted by halal slaughter .

    135
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    Mute Paul Dolan
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    Oct 26th 2021, 6:22 PM

    That judge should be ashamed of themselves. Absolutely shocking sentence

    233
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    Mute Tommy Roche
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    Oct 26th 2021, 6:58 PM

    A 19yr kicks a dog to death, and has half his sentence suspended because….get this…he is behaving himself in prison where he is currently serving a 2yr sentence for one of his 36 previous convictions. What the f… ?

    313
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    Mute Ann Neylan
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    Oct 26th 2021, 7:48 PM

    @Tommy Roche: again… That’s the country we’re living in.

    62
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    Mute Marcella Treacy
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    Oct 26th 2021, 6:04 PM

    Not nearly enough by any means!! That poor little defenseless dog..

    222
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    Mute FrustratedASDMum
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    Oct 26th 2021, 5:41 PM

    Oh God, that poor wee dog! What an absolutely despicable thing to do.

    Reading about the teenager’s upbringing, you’d wonder what chance he ever had to grow up into a stable human being? His dad was shot in front of him; mother abusing heroin and it also says in the article, “He said the presence of the injured party was a “triggering factor” and that there was “a heroin taking relationship going on”’ so – if I’m interpreting that correctly – the injured party used/uses heroin with his mother? The whole thing is just tragic but it goes some way to explain why he is the way he is. Still absolutely unforgivable though and you can only hope that, with his young age and with the right help, he can be rehabilitated but who knows?

    136
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    Mute JJ
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    Oct 26th 2021, 6:44 PM

    @FrustratedASDMum: He is way beyond help.

    139
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    Mute Queen of the Goths
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    Oct 26th 2021, 6:46 PM

    @FrustratedASDMum: Abusing an animal like the convicted man did is a sign of serious mental illness, maybe even sociopathy. Healthy people do not murder animals like that. He can cry and say he wants to be “normal” all he wants. If someone did that to my pet, I would want more than a year of a conviction, especially given his clearly violent past.

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    Mute Barrycelona
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    Oct 26th 2021, 7:17 PM

    @FrustratedASDMum: Good Point! This highlights, the disgraceful lack of concern, the whole Govt judicial system have for younger children suffering from ‘ mental health’ issues. But that is fine because the ministers don’t have to suffer the consequences of their neglect. Surely, such a large number of convictions at such an early age should send alarm bells ringing in every dept. The lack of coordination between different depts only worsens the problems.Peope like Henney should have sounded alarm bells earlier but now the cost of ‘rehabilitating’ him would probably have to be taken out of the budgets that might support 10 or more Younger kids. He has slipped through the net and in my opinion he should be locked up for a long time because of the danger he poses to ‘ society’ And that is more down to the fault of the Lack of intervention. People who need that help don’t vote, so why should a Govt minister be bothered when they can pick reasons as why the money should be put someplace else. It’s shameful

    27
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    Mute Rory Murphy
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    Oct 26th 2021, 7:17 PM

    See.. This is what’s wrong with the justice system..bet the excuse of a human was gifted free legal aid, and probably the 35 previous times also…Couple that to an joke of a judge… How in the name of God is this allowed to happen…these legal boys have it all sown up… The poor poor doggie… What I wouldn’t give to come face to face with this upstanding member of society… Guarantee one thing…Karma would visit him numerous times….Size 9…..

    116
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    Mute Richard Ahern
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    Oct 26th 2021, 7:01 PM

    Utter savage.

    107
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    Mute Moss Cotter
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    Oct 26th 2021, 7:23 PM

    Why do our excuses for judges always accept the drivel spouted by defence counsel that the dregs with multiple previous convictions are sorry for and regret their actions, how can it be claimed that kicking a little creature that size full force twice in the underbelly was anything other than intent to kill.

    118
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    Mute John Colgan
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    Oct 26th 2021, 6:29 PM

    It costs €80,000 a year to keep a person in prison. There’s no compulsory work and no no compulsory remedial treatment. I voted against the abolition of capital punishment. I would have had capital punishment for selling or gifting drugs.

    73
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    Mute Michael Dowling
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    Oct 27th 2021, 8:47 AM

    @John Colgan: wouldn’t it be cheaper if we out sourced out prisoners to another country like Russia or China. It would be a deterent to criminals . They have no frill prisons.

    21
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    Mute Stephen Deegan
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    Oct 26th 2021, 6:13 PM
    64
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    Mute Rob Gale
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    Oct 27th 2021, 10:23 AM

    @Stephen Deegan: he’ll never change. And every court case he has they’ll repeat the thing about his dad and his mam and his remorse. And he’ll get time suspended because of it. But someone that violent doesn’t ever stop and will always be a constant threat to people.

    14
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    Mute john mounsey
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    Oct 26th 2021, 6:02 PM

    Let’s hope the chap rehabilitates and learns – glad he got some prison time. Be maybe better to have compelled him to do 2 years service working in an animal rescue facility. I wouldn’t be accountable if he did it to one of my dogs.

    62
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    Mute Moss Cotter
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    Oct 26th 2021, 7:26 PM

    @john mounsey: do you seriously believe this thing should be let anywhere near an animal rescue centre

    127
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    Mute #1 Fifthwheel
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    Oct 26th 2021, 7:48 PM

    Had an unfortunate start in life, but so have a multitude more. There is no excuse for abusive treatment of animals, of any species. Humans! Yeah, we are the worse species on the planet. With lenient sentencing by the courts, what chance do defenseless animals have?

    63
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    Mute Davy Evans
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    Oct 26th 2021, 10:07 PM

    The only way these toe rags will learn is when their parents are punished. When any kid under the age of 18 causes an offence, charge the parents. They’d soon know where little Johnny is then.

    43
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    Mute nelliekel
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    Oct 26th 2021, 11:49 PM

    @Davy Evans: his father was shot dead in Spain doubt if it was because he robbed a corneto!! His mother is on heroin!! Do you really think his mother would care!!

    21
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    Mute Elaine Phelan
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    Oct 27th 2021, 8:33 AM

    @nelliekel: his father was shot, but not dead. He goes by his mother’s maiden name, as his father is a gangster https://m.sundayworld.com/crime/courts/dublin-teen-19-who-kicked-dog-to-death-is-jailed-for-six-months-40986409.html

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    Mute Davy Evans
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    Oct 27th 2021, 8:37 AM

    @nelliekel: I’m talking about toerags in general. Not this specific toerag.

    2
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    Mute Barrycelona
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    Oct 27th 2021, 5:01 PM

    @nelliekel: She might if the fine directly affected her. At the very least, all people found guilty of any crime should have to pay damages, most esp to those people who they have assaulted, incl contributions towards medical fees. The present system is not working so try something more radical.

    1
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    Mute Martin Lynch
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    Oct 26th 2021, 10:07 PM

    Give me five minutes with him

    36
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    Mute Paul Whitehead
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    Oct 27th 2021, 7:11 PM

    @Martin Lynch: Does he owe you a tenner? Doubt if you will get it before he is incarcerated.

    1
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    Mute Elaine Phelan
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    Oct 26th 2021, 8:38 PM

    He didn’t stand a chance, but 36 previous convictions at 19 years old?

    25
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    Mute Elaine Phelan
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    Oct 26th 2021, 8:40 PM
    10
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    Mute Barrycelona
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    Oct 27th 2021, 5:18 PM

    @Elaine Phelan: That’s nice, the judge wanted to give him a longer sentence but instead she suspended half of it. A dynasty of demons! I thought a judge only took previous convictions into account at sentencing but they don’t even do that.

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    Mute Elaine Phelan
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    Oct 27th 2021, 7:42 PM

    @Barrycelona: yes, a total disgrace. I don’t see how there is any chance of rehabilitation for this POS

    2
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    Mute Juniper
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    Oct 26th 2021, 11:02 PM

    36 convictions. He’s 19. Doesn’t bode well.

    25
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    Mute Margaret Doyle
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    Oct 26th 2021, 9:06 PM

    Tarred & feathered wouldn’t be good enough for this non-human.

    38
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    Mute Locutus Of Borg
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    Oct 27th 2021, 2:18 AM

    Oh yea, fall for the sob story about him not being able to sleep after what he done. What I’d like to know is why in the name of JAYSUS is a little pr1ck with that many convictions roaming free. Surprised his solicitor didn’t say he had started a Fás course and was doing well. What the hell is wrong with the courts in this country.

    36
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    Mute nelliekel
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    Oct 26th 2021, 11:47 PM

    But then the go gooders would be out in force objecting to the little runts been treated like criminals

    26
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    Mute Jacqui Curtis-owens
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    Oct 26th 2021, 6:53 PM

    Karma…sobbs…

    14
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    Mute Shane Hickey
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    Oct 27th 2021, 8:25 AM

    This man is a burden on the state and meds too be permanently removed from society. He will spend his entire life committing crime tying up Gardai, courts .social services and social welfare. He’ll leave a trail of destruction and traumatize victims.

    It’s time to start throwing away the key and take their flats of them

    16
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    Mute Jonathan
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    Oct 27th 2021, 7:42 AM

    The poor little dog.

    14
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    Mute Cormac Byrne
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    Oct 27th 2021, 8:37 AM

    Nature v nurture… born into a home where mum smoked heroin.. dad shot in front of him… all those convictions.. points to him growing up without proper parenting.. guidance.. love even?!? And with plenty of toxic influence to shape his behaviour… sad in a way.. some kids just don’t have a chance.. you can almost pick them out the ones who may face a similar future traveling through Dublin/ along the red line each day.. btw.. disgusting what he did and should be punished of course.. I’m just making an ol societal observation

    12
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    Mute MrsWoman
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    Oct 27th 2021, 7:56 AM

    Evil b’stard. I hope he does roaring. 36 previous convictions? Nothing compared to many scrotes out there. Ireland’s certainty a very soft touch for the gowger.

    12
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    Mute Eamonn O'Hanrahan
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    Oct 27th 2021, 3:24 AM

    Such a sad story.
    Dr Wolfe, best name to have if you’re a vet…

    3
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    Mute Jackie Briggs Fitzgerald
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    Oct 27th 2021, 1:20 PM

    He deserves the same treatment he carried out , The poor defenceless little pup, 6 months is a complete joke,

    4
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    Mute Paul Whitehead
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    Oct 27th 2021, 7:12 PM

    There are a lot of animal lovers in prison – I doubt if he will have an easy sentence.

    3
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