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Mens Rea: A true crime podcast

16 - The Nally Case: Murder or Self Defence?

Mens Rea: A true crime podcast

GoLoud

True Crime, Society & Culture

4.71.4K Ratings

🗓️ 27 May 2018

⏱️ 57 minutes

🧾️ Download transcript

Summary

Living in an isolated area is never easy. Its even more frightening when you're and elderly farmer living on his own, certain that there are people scoping out your home for break-ins. Add that to high - profile incidents of violent robberies across the Irish countryside, and it most certainly becomes a tense situation. But does defending your land and property mean you can take a life? In 2004 Padraig Nally faced this exact situation. But was he justified in his actions? And did discrimination play a part in the altercation at his farmhouse and the subsequent trial? This week we look at the the events surrounding the Nally Case and the impact it had on Irish Law. Find us on Facebook or Twitter! With thanks to our supporters on Patreon! If you would like to support the podcast, head on over to Patreon.com. Podcast Promos: This week check out  Murder on the Mind and Murder and Such podcasts Theme Music: Quinn’s Song: The Dance Begins by Kevin MacLeod (incompetech.com)Licensed under Creative Commons: By Attribution 3.0 License http://creativecommons.org/licenses/by/3.0/ Sources: Crona Esler, Unless by Invitation (Dublin: Blackwater Press, 2014) Purchase here Natasha Reid, “Man found not guilty of murdering trespasser with shears” in The Irish Times https://www.irishtimes.com/news/crime-and-law/courts/criminal-court/man-found-not-guilty-of-murdering-trespasser-with-shears-1.3426822 (14 March 2018)  Paul Cullen, “Law lets householders use reasonable force” in The Irish Timeshttps://www.irishtimes.com/news/law-lets-householders-use-reasonable-force-1.443683 (13 January 2013) "Nally manslaughter trial begins” from RTE news https://www.rte.ie/news/2006/1204/83271-wardj/ (4 December 2006)  “Nally found not guilty of manslaughter” from RTE News https://www.rte.ie/news/2006/1214/83671-nallyp/ (14 Decemver 2006)  Bunreacht na hEireann (find it at http://www.irishstatutebook.ie/eli/cons/en)  Criminal Law (Defence of the Dwelling) Act 2011 (find it at http://www.irishstatutebook.ie/eli/cons/en)    For more information on the Travelling Community in Ireland : http://www.paveepoint.ie/irish-travellers-and-roma/

Transcript

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0:00.0

Hey guys just a quick note before the episode kicks off I just wanted to let you know that on the

0:06.7

16th of June I am going to be at a podcasting meetup with the True Crime Club in London. London. It's on the 16th at the Silver Cross pub in Whitehall. It starts at 5 p.m.

0:20.7

and there's going to be a number of podcasts there, Murder Mile Podcast,

0:24.3

right-handed, nothing rhymes with murder, killing it, podcast,

0:27.8

Merse and Monsters is going to be there. A whole bunch of excellent

0:31.0

podcasts we're all going to meet up, say hello to one another and to

0:34.3

listeners, but more importantly, there is going to be a prize draw at that event.

0:40.9

So the prize draw is being organized by the lovely ladies over at Nothing Rimes with Murder and it is to raise funds for end the backlog and

0:51.0

I'm going to put in the show notes the links to end the legal, that we don't fall foul of any gambling laws in any country or state that you might be in.

1:06.2

So basically you just enter the prize draw, do your donation to and the backlog, and you'll be entered into that draw and you could win all sorts of

1:15.9

goodies. There's over 25 true crime podcasts taking part including myself but more importantly the likes of Case File, Generation Y, Insight, True Crime Fan Club,

1:28.7

to name just a few and as I said all the money going to and the backlog so check out the links in the show notes and hopefully I'll see you on the 16th of June

1:39.7

You're listening to the mens rea, and this is the story of the Nally Case. Oh, The dwelling of every citizen is inviable and shall not be forcibly entered save in

2:28.7

accordance with law. Article 40.5, Bonrachten, the Irish Constitution.

2:35.0

Increasingly, over the past number of decades, Ireland has become more centralized,

2:42.0

with the majority of its population focused around Dublin and to a lesser

2:46.3

extent to the cities of Cork and Galway. The countryside has been emptied out of its former residents and communities.

2:54.8

With this, there have been a number of other problems as resources are also directed elsewhere.

3:01.0

Closure of post offices and guard stations and the disappearance of local amenities such as pubs and parish halls that held social events.

3:10.0

As this rural isolation deepened, so did the fear in the small farming communities that were left.

3:18.0

People, mainly elderly people, lived out on their own in isolated houses dotted amongst the fields.

3:26.2

And a startling trend began where they would find themselves targeted for robbery.

...

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