‘Very difficult predicament’: Hundreds of cases adjourned at Letterkenny Circuit Court - Donegal Daily

The growing standoff between criminal legal aid solicitors and the Department of Justice came into sharp focus at Letterkenny Circuit Court today. Hundreds of c...

The growing standoff between criminal legal aid solicitors and the Department of Justice came into sharp focus at Letterkenny Circuit Court today.

Hundreds of cases were caught up in the continuing dispute and a leading local solicitor outlined the “very difficult predicament” facing the profession.

In excess of 300 cases were adjourned on the opening day of the Michaelmas sitting of Letterkenny Circuit Court.

Of the 268 cases before Judge John Aylmer on the criminal list, all bar 18 were adjourned to subsequent sittings of the Circuit Court.

Those not adjourned included one defendant who has died recently, while two men remaining on the list have three matters each before the court. Some others were left on the list and will be formally adjourned later in the currency of this sitting with one trial pencilled in to take place this week.

There were also 87 cases on the District Court appeal list that were pushed back.

Prominent Donegal solicitor Mr Rory O’Brien addressed the court.

“We find ourselves in a very difficult predicament,” Mr O’Brien said. “We very much stand with colleagues throughout the nation in the withdrawal of services.

Mr O’Brien cited section 215 of the Legal Services Act 2015, which states: A legal practitioner who has accepted instructions to appear in court on behalf of a client who is in custody may not withdraw from the client’s case without obtaining permission from the court before which that client is next scheduled to appear.

“We are very conscious of our obligations under section 215,” he said. “I think it is fair to say that, if that provision wasn’t in law, it is quite likely that we would not be here.

“We accepted and acknowledge.ledge that prejudice can befall clients. It is a very difficult position for us to be in.”

Mr O’Brien said that a withdrawal of services was “very different” to coming off record.

“We will endeavour to deal with matters,” he remarked, adding that he did not want it inferred that section 215 was in any way an acknowledgement of support of “what the current regime is trying to impose on us.”

Mr O’Brien said that he hoped the court appreciate this and stressed to Judge Aylmer that solicitors were not seeking to disrespect the court.

Judge Aylmer said that the net position is that in relation to some, if not all matters for people in custody, solicitors should “realise that the clients interests will have to take precedence.”

He said that Mr O’Brien’s comments had been “very helpful” and the position was that the court could proceed “with a good number of custody matters.”

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One man in custody, who has previously pleaded guilty and is awaiting sentencing, appeared via video link from prison.

Barrister for the State, Ms Fiona Crawford BL, advised that correspondence had been received by State Solicitor Mr Kieran Dillon and that a solicitor for the man was not present in the court.

Judge Aylmer said that there should be an appearance where a legal representative was seeking leave not to proceed where a client is already in custody.

Separately, The Law Society has confirmed that it will meet with the Minister for Justice, Jim O’Callaghan, this week in an attempt to find a solution to the impasse.

The Minister had previously stated that he did not want to meet before judgment in a Judicial Review, which is expected to be delivered on November 3. In a letter to the Minister, Law Society President Ms Rosemarie Loftus pointed out that the High Court had urged the parties to resolve this matter, and the Chief Justice has said that the continuation of the dispute is a matter of concern to him and to judges generally.

Minister O’Callaghan said recently that criminal courts were “operating effectively”, but in Donegal, at least, the numbers give lie to that statement with thousands of cases - a number that is rapidly rising between District and Circuit Court sittings across the county - having been put on the back burner.

High Court judge Mary Rose Gearty, who is to rule on a case surrounding this dispute next week, has encouraging the parties to resolve the issues outside the courts. Dublin-based solicitor John Quinn has taken a judicial review to challenge a new fee mode.

The strike, which centres on a row over a new legal aid payments system, has been ongoing since June.

A flat fee payment of €520 in relation to criminal legal aid, regardless of the number of court appearances, came into being on July 1, but criminal legal aid solicitors are dissatisfied with the scheme, prompting the onset of action in June that is still continuing.

Last week, the action escalated as a vast number of solicitors withdrew from all work.

The various court presidents were written to by the solicitors last week to advise them of the increased action, which now includes cases where defendants are in custody or where children are involved.

Previously, solicitors engaged in the action have not been acting where clients are on bail and there has been a huge backlog of cases that is ever-growing since June.