The Gazette 1975

punished, it has in my view an equal duty to the community to try and ensure that its future in the form of its youth, recognise that hatred, fear, and violence have brought our community to its present state, and to try and turn them to a more constructive attitude to our problems. The easy option for a Court is to sentence to long terms of imprisonment or detention anyone however young who has become involved in violence. But if a Court can see a real possibility of a young person forsaking violence, and violent associations, then whether he be Republican or Loyalist, whether he recognises or does not recognise the Court, the cal- culated risk of leniency in my opinion should be taken. Imprisonment in most cases will simply confine the young people with and subject them to, the influences which have brought them before the Court in the first place. On release they will have become more hardened and more convinced, and readier to continue in violence. It is of course obvious that each case must be examined carefully on its own facts, and there will be cases where leniency cannot be extended. In this case, I have seen and heard all these young boys and their parents and I think that I am justified in taking the calculated risk of not sending them to prison or borstal. I propose to pass sentences on all counts of 2 years' imprisonment to run concurrently, but to suspend these sentences for a period of 2 years. I also fine £100 in each case. I allow 3 months to pay. In default 6 months imprisonment. I propose to place the parent of each boy under rule of bail in the sum of £250. [Belfast City Commission — The Queen v. Cameron Mclntyre, Brian Nesbitt, Norman Moffett, and 9 others.] Notices LOST WILLS Patrick Cullinan, deceased, late of 69, Anne Devlin Park, Ballyroan, Dublin 14. Any solicitor or person having knowledge of a will made by the deceased who died on 27th November, 1974, please communicate with Porter, Morris & Company, 10, Clare Street, Dublin 2. Solicitors for the next of kin. Hugh O'Neill Lennox, deceased, late of 43 St. Fintan's Road Sutton and formerly of 41 Stiles Road, Clontarf Dublin! Would any solicitor having knowledge of a Will for the above-named deceased who died recently kindly get in touch with Arthur Cox & Co., Solicitors, 42/43, St. Stephen's Green, Dublin 2. Michael Carty, late of Loughrea, Co. Galway, former Parliamentary Secretary and T.D. Any person having a Will of the above deceased who died on the 23rd of April 1975, would they please contact the undersigned solicitor for the next of kin. Florence G. MacCarthy, Solicitor, Loughrea, Co. Galway. Telephone—Loughrea : 58: Solicitor's Office anxious to build up a comprehensive library, wish to purchase law books, reports, statutes and periodicals. Willing to purchase entire library or small quantities of books. Condition not important Repllies to Box 117. Typing work done at home. Replies to Box 118. years legal experience.

(6) The fifth point was noticeable even in relation to those who were sent in to take important written statements; (7) The interviewers and statement takers found themselves detailed for the work by chance and did not, on the whole, appear to be briefed or to brief themselves for the task; (8) Many of the interviews, including those directly preceding the taking of statements, seem to have ended on an inconclusive note, or arbitrarily when a breakthrough had been achieved, and in the later instances, as well as the former, not only one but both of the inter- viewers if more than one) were changed. The Court finds that the prosecution are left with a substantial number of points which call in vain for a rational explanation. Even though much of the evidence of physical ill-treatment does not seem to be supported, nevertheless the prosecution cannot dis- charge an onus through a possible failure of the defence to prove as much as is alleged. As colleagues of the murdered men, the investi- gators believed, probably on substantial grounds, that they were investigating the right men. But the criminal law demands that not only the evidence, but the means of obtaining it, shall be above suspicion. On the facts of this case the Court is not satisfied that the prosecution has proved beyond reasonable doubt, in relation to the accused Hetherington, McCune and Dougan, that he was not subjected to degrading treatment in order to obtain the statements [filed on, or that the statements were not so obtained. Jhe statements are therefore rejected, and, since there l s no other evidence against the accused they must be ^qu i t t ed on all counts. [R. v. Hetherington, Dougan, McGrogan, Young, j^rrelly and McCune — Belfast City Commission — Lowry L.C.J.—unreported—13th March, 1975.] A c c u s e d y o u n g b o y s w h o p l e ad g u i l ty t o t h r o w i ng petrol b o m b s h a v e p r i s on s e n t e n c es s u s p e n d e d. Judgment delivered on 28th February, 1975, by O'Donnell J. Jn this case the defendants have pleaded guilty to c °nspiracy to intimidate, and to throw petrol bombs a t Roman Catholic homes in the Antrim area. 1 have taken some time to consider the appropriate Punishment, and since my decision may appear unduly e nient, I set out the consideration which motivated and the principle which I have applied in dealling M t h e S e y o u n S People. More and more young people both Republican and oyalist are appearing before the Courts. It must be ^cognised that all these are part of our future. It U s t further be recognised that many of these young People become involved in violence because of associa- 1Q ns with their fellows or community pressures or ^ecause of genuinely held beliefs or fears, and that ost if n o t a l j w o u l ( j n e v e r have appeared in Court a 't not been for the present turmoil in our com- ^unity. While the Court must be concerned to ensure a t the public are protected, and wrongdoers 110