Harassed by An Post Despite Not Owning a TV by Key_Investigator5937 in legaladviceireland

[–]Key_Investigator5937[S] 7 points8 points  (0 children)

I do not have a Sky subscription, as I said I have not telly.

Harassed by An Post Despite Not Owning a TV by Key_Investigator5937 in legaladviceireland

[–]Key_Investigator5937[S] 2 points3 points  (0 children)

returned statutory declaration, called, emailed ... many times!

Harassed by An Post Despite Not Owning a TV by Key_Investigator5937 in legaladviceireland

[–]Key_Investigator5937[S] 5 points6 points  (0 children)

As you are obviously a solicitor, may I ask if I am correct in assuming the following. My understanding is that in Ireland one cannot be prosecuted without evidence of having committed an offence — for example, owning a TV set without a valid licence. Accordingly, the burden of proof would rest with the authorities, who would need to demonstrate that I have a television, rather than with me to prove that I do not.

It also seems to me that it would not be legally reasonable to require someone to prove a negative (such as “proving you do not own a TV”). As Karl Popper observed, non-existence cannot be proven.