Gallagher back in Jail

Christ the moral of the story is tell the players not to read the fans boards. 

At what point in any of this have I said he was innocent and not sentenced to 3 years???

Whether or not they were right to sign him has been argued previously and neither side of the argument conceded, it became a pointless debate and doesn't need re-hashing. We disagree, it's not the end of the world.

Your final sentence is nonsense I'm afraid. The incedent happened before he signed the first time. He was as guilty then as he is now the only difference was he hadn't been tried for it. By your logic, if someone does something illegal but isn't caught then they are innocent..which as I have said, is nonsense.

You read what I post and suggest I am saying something else.... I take what you have said and extrapolate it to its logical conclusion.... And I'm being twisted? Hmmm.

Sorry italion, my apologies for disagreeing with someone such as yourself, you are clearly someone who has never done anything they need be ashamed of nor had the need to express remorse as obviously your behaviour, like your opinion, is always 100% right, how could I have had the temerity to hold an opposing view to you. It won't happen again.

You forgot "non"

This is why I don't get involved in serious discussion on these boards.
You cannot condone his actions and you certainly cannot advocate his return.
This serious assault was one blow away from murder.

I've had so many lovely messages from friends, family & strangers over the past few days and I would just like to thank every single one of you for the support that you've shown towards Declan, myself, Shay & our families. I'm so glad that everyone that knows Declan, knows that he's not capable of the crime that he's been accused of and that's all that matters to us. Because of the legal system, Declan and our families have not been allowed to speak up and tell our side (the way that others have been able to, going to the press etc) but now that the system has let him down I hope that we can speak up very soon. Declan is in a place that he should never ever have to be in and has been taken away from his daughter which is heartbreaking. Together as a family we will get through it and will come out the other end stronger. ❤️ thank you everyone xxx

This was something Declan's wife posted on Facebook. I think we have to remember that not everyone that's found guilty is actually guilty. The justice system seems to be getting worse these days and from what I've heard Declan's solicitor at the time of the trial messed things up completely. He thought nothing was going to come of the case as there was no evidence and he was sending his juniors to deal with the trials. I also read on a comment on the Daily Record Facebook someone that attended the court case said the witnesses changed their statements from the original statements they gave at the time and seemed like they were completely lying. It's a shame really if this is true...

While acting with others they repeatedly punched and kicked him on the head and body and knocked him to the ground and struck him on the head with a baseball bat or similar implement.

The victim suffered head wounds, a fractured skull and brain haemorrhage. A paramedic kept talking to him to try to keep him conscious as he was taken to hospital after the assault.

The sheriff said: "I considered that the sentence of three years which I imposed was at the lower end of the scale for a crime of such gravity, being a vicious assault with a weapon causing danger to life."

Gordon Jackson QC, who appeared for both men, argued the sheriff had erred in responding to a question from jurors.

Advocate depute Ashley Edwards maintained there had been no misdirection and told appeal judges: "There was no confusion in his directions."

Lady Smith, who heard the appeal with Lord Drummond Young and Lady Clark of Calton, said the jury had posed a question over whether or not they could delete the phrase "baseball bat or similar implement" from the charge.

The sheriff held a discussion with the prosecutor and defence before addressing jurors.

Mr Jackson said his address amounted to a misdirection, particularly as he had indicated they could leave the word "implement" and delete "baseball bat or similar".

He argued there was a real possibility the jury did not do what was in their contemplation because of the sheriff's direction.

Lady Smith said they were not satisfied that what had occurred amounted to a misdirection by the trial sheriff.


I think that the appeal made it clear that even Declan's legal representative thinks he had done it, the appeal was arguing whether or not an implement was used, because assault causing actual bodily harm carries a higher tariff that one just done "by hand".
SO DECLAN WAS GUILTY.
To which end the post on face book about Declan being where he should not be....
1 He is an adult and can his own choices, he did not have to drink, did not have to get involved in the assault.
2 he could have acted as demanded by our legal system and protected the victim and if was not not capable of doing so should have contacted the police (minimum action required) and should have acted as a witness on the victims behalf. His choices means he is going to jail, Declan is not a victim, he is a villain.
For those that are not fully aware of the law you have a duty of care to your fellow man and must act to protect them from assault and injury, there is also a burden of evidence that you are required to cooperate fully with inquiries made about such crimes.

Everything isn't always black and white though, just because you don't want to give anyone the benefit of the doubt and live in a world where nobody deserves a 2nd chance doesn't mean everyone shares your views.

Does his wife not realise that his brief probably got the charges down a bit it's like playing cat and mouse lawyers v the crown

Tend to agree - no amount of greetin' on either side is going to change that

A good point.
Even if they were using legal aid they would have been entitled to one each.

That said if Declan was doing the right thing he would not have needed one.......