The accusation was that Louis Walsh, a music industry manager and judge on the show X-factor, groped a man in the restroom at a club during an appearance of a band Walsh manages.
The part that I am happy to see is that Mr. Walsh is planning to pursue a libel action against the accuser. Mr. Walsh's statement says it all:
"...While I obviously welcome today's confirmation from the Garda that the matter has been dropped I remain outraged that this story ran in the first place in the Sun and I have instructed my libel lawyer to vigorously pursue legal action against the paper and they will also be taking action in relation to a number of other equally serious related matters.Link: http://www.irishtimes.com/newspaper/breaking/2011/0628/breaking44.html
"I have no intention of letting this matter rest until I have received total and absolute vindication. This has been a hugely distressing time for me but I would like to thank all my friends and colleagues for their support and I am now just looking forward to getting back to work."
7 comments:
Mam arrested?
That's a confusing title guys.
Gwallen - ”That's a confusing title guys.”
I have to agree.
ESB - ”The part that I am happy to see is that Mr. Walsh is planning to pursue a libel action against the accuser.”
And, I agree with this as well.
But, I still think that there is a longer-term issue with having to (privately) go the civil court route.
[soap box]
The problem is that there are no laws which can now be applied which recognize a false allegation as a crime against the victim (false reporting misdemeanor charges are crimes against the state/police). Not only does this mean that the victim cannot seek direct financial redress as the victim of damages stemming from the criminal act (court ordered restitution, sought on behalf of the victim by the prosecutor as part of the dispensation of the case, as is routinely done, for instance, in cases of DUI charges where the drunk driver has caused an accident).
Many victims (I’m referring to the falsely accused, lest there be any confusion) simply cannot afford to hire an attorney to go after the person who’s libeled them via a false accusation, and in cases where the perpetrator has little or nothing in the way of financial assets, there’s no inducement for an attorney to handle it on a contingency basis.
If the act of falsely accusing a person of a crime (specifically a serious felony, such as rape) were to be recognized (and codified) as a felonious act itself, with the targeted individual as the (primary) victim of that crime, it would open the door for victims being able to (in accordance with individual states versions of “Victim’s Rights Acts” laws/constitutional amendments) request that prosecutors not only pursue the case against their false accusers (1), but to also ask the court to order restitution for identifiable financial harms that have arisen as a direct result the false accusation.
Elevating false reporting to the felony level is all well-and-good, but, ultimately, I would argue that we also need to redefine the laws so a recognize the real victims as having been victims of the crime.[/soap box]
..
(1) This, of course, presupposes that a cases has been built against the false accuser, and that false accuser has either been convicted before the court, or is taking a plea deal. It would not come into play in cases of “he said/she said” allegations, nor even in cases where police cannot find evidence to prove that the allegation was a deliberate fabrication, and the prep refuses to confess.
I considered a libel suit against my false rape accuser, But she was broke.
Very well said Mr. SLWerner. For a long while I have noticed how laws are being written/strengthened to such degrees it makes the jobs of defense attorneys' extemely difficult. I for one am sick of how some states Tennessee for example, someone ( most usually a man) is covertly stripped of their rights when arrested on one or more false accusations/allegations. Here, unless the accused/alleged can prove otherwise (which is impossible when locked up), the false accuser/alleger is considered the victim.
Murder is considered one step above rape in severity.
Please check these link to see how, once again, severe Tennessee considers murder to be when a woman murders a man.
http://www.wkrn.com/story/14968008/judge-sentences-killer-to-christmas-and-fathers-day-jail
http://www.newschannel5.com/story/14966897/woman-faces-holidays-in-jail-for-10-years
http://www.tennessean.com/article/20110623/NEWS03/110623016/Nashville-judge-sets-unusual-sentence-wreck-death
The Judge who imposed her sentence ( Judge Mark Fishburn) is the same judge who would have presided over my trial concerning Sandi Delk's false aggravated assault accusation against me. Everyone I have met who has appeared before him has told me he is notorious for being easy on female offenders and extremely harsh on male offenders. For as long as I can remember, not one man who killed anyone while DUI has ever recieved such a ridiculously light sentence.
As for this man who falsely accused another man of sexual assault, I almost want to say treat him the same way they treat women/girls who have done the same. If the authorities cannot do this, begin treating women/girls who falsely accuse anyone of the same crime in the same manner as they do men/boys. Equality in Justice.
Something has to be done to stop this madness.
http://www.nytimes.com/2011/07/01/nyregion/strauss-kahn-case-seen-as-in-jeopardy.html/?_r=2&smid=tw-nytimes
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