More accused people unrepresented due to solicitors' dispute bring challenges to detention legality
High Court Reporter
Seven accused persons who were remanded in custody after they were left without legal representation in the District Court due to a dispute over the new legal aid payment model have challenged the legality of their imprisonment in the High Court.
Three of the seven accused were granted bail on Monday after they appeared before Judge Mary Rose Gearty in the High Court.
Some solicitors working in the District Court are refusing to work under the revised legal aid scheme, which came into effect earlier this month.
The scheme provides for a once-off legal aid fee of €520 irrespective of how many appearances solicitors make to represent a client in the District Court. Previously, solicitors were paid per appearance.
At Monday’s hearing, Judge Gearty ordered an inquiry into the legality of the detention in custody of seven people who were before the District Court unrepresented in recent days. She adjourned the cases to Tuesday.
The seven habeas corpus applications were made under a provision in Article 40 of the Constitution, which allows for a challenge to legality of a person’s detention.
Similar applications came before the court last week, also arising from the circumstances prompted by the legal aid scheme dispute.
Barrister Colman Fitzgerald, who moved applications on behalf of five of the accused, indicated that there were further, similar applications expected to come before the courts.
Frank Crean, counsel for two of the accused men with Paul Gunning, submitted to the judge that on the written evidence before the court, his clients were entitled to bail.
On behalf of one of the men – who faces charges including alleged public order and criminal damage offences – it is submitted that he did not have a fair hearing in the District Court on account of his being unrepresented.
In the other accused man’s case, it is submitted that certain matters which should have been raised on his behalf in the District Court were not advanced due to his being unrepresented. The man faces minor public order offences.
The judge granted bail to both men until Tuesday after they gave certain undertakings to the court.
In the case of another accused man, a garda witness objected to his release, citing concerns that he would not comply with bail conditions.
On the application of barrister Fitzgerald, with Karl Monahan, Gearty said she was satisfied to grant bail to the man, who is facing a minor public order charge in the District Court.
On the application of barrister Hugh McDowell, the judge joined the Minister for Justice as a notice party to the cases.
