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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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My partner was stabbed on front of me 4 months ago i was heavily

Customer Question

My partner was stabbed on front of me 4 months ago i was heavily pregnant and nothing was done about it by the guards . They claimed they where going to make an arrest soon as they knew who was behind it he survived and 5 weeks ago was shot dead in front of me and my new born baby. By the same group of people i an suffering from ptsd . Can i do anything about this . ?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
To achieve what ?
Customer: replied 1 year ago.
Can i sue the government for not doing anything to protect him or arressting someone after the stabbing incident knowing there was a threat on his life. As they issued him with a death threat
Expert:  Jo C. replied 1 year ago.
For what specific negligent act?They can only make arrests if they can identify a suspect?
Customer: replied 1 year ago.
They identified the suspect they rang my partner and told him they would make an arrest soon they were busy with another case. But failed to make an arrest and he was kilt . Now im left suffing with post tramatic stress disorder and going to counselling i have a 9 week old baby too look after and its so hard with everything going on he was kilt on fen of me and my baby obviously shes too young to understand and im out of work on maternity leave im left with a bill of €6500 to pay for his funeral which i cant afford and iv to pay for counselling too .
Expert:  Jo C. replied 1 year ago.
Has it been identified that he will killed by the same person?
Customer: replied 1 year ago.
It hasnt been proved yet a couple of arrests have been made but the guards know who was behind it. He didnt physically do it himself he had paid someone to do it . He had my partners brother kilt 3 years ago too.
Expert:  Jo C. replied 1 year ago.
Ok. That could be a problem.Certainly you can complain about the failure to arrest. However, the reality is that even if he had been arrested this could still have happened as he got another to perform the final act. That could have been done from custody. The trouble with people who use third parties is that they are not disabled even when in custody.
Expert:  Jo C. replied 1 year ago.
It is sometimes possible to sue under the HRA for breaches and also recent caselaw does impose positive duties upon the police to act.However, the reality is that proving the correlation between the two is hard enough at all and establishing that the failure to arrest cause the second incident is not likely to succeed sadly.I'm very sorry but I have to give you truthful information. There is certainly a complaint but I wouldn't advise a costly action.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
Its not a case if me wanting to sue for money but if it was an option just to cover funeral costs etc . Thats all im worried about its very stressful worrying about not being able to pay for his funeral been in my own . I understand there are boundaries but i was just curious as to where i stood under the circumstanes and i want justice for my partner too.
Expert:  Jo C. replied 1 year ago.
It might be that failing to arrest would be negligence. It depends how long it took them, what was the cause of the delay. Courts do accept that police officers can't give their undivided attention to any one case generally.
Customer: replied 1 year ago.
He was stabbed in october and then just before christmas my partner rang the guards to see if there was any update they had cctv footage of the inncident .the detective said they knew who it was and they would be making an arrest soon but before the did they would come down and speak with us . We never heard anything back so at the start of febuary my partner rang the guards back and they said they where not putting it off there was another inncident that happened at the beginning of febuary they were dealing with abd then nothing again and he was kilt the wnd of febuary.
Expert:  Jo C. replied 1 year ago.
It is all a question of fact and degree. If the other incident was, for instance, one of urgent national security then the prioritisation would be understand.If, as is much more likely, it was just a load of domestic nonsense then probably not.
Customer: replied 1 year ago.
The other inncident was actually a shooting too . A completely different inncident to my partners .
Expert:  Jo C. replied 1 year ago.
Giving that priority might have been acceptable. It depends whether there was anything urgent in that. Their explanation would be telling. This type of thing turns up the facts.It is probably worth complaint either way.
Customer: replied 1 year ago.
Now i have a new complaint the newspaper has printed a photo of my 11 week old daughter for a story is that allowed shes under age and is it not against the law
Expert:  Jo C. replied 1 year ago.
I will be able to help with that but that is a dissimilar question so please rate my answer.I will make a new offer over this.