Judge gives solicitor a dressing down over his attire at Portlaoise court 

A DISTRICT court judge told a solicitor that the next time he turns up in court, he should be bettered dressed.

He told the solicitor that if he didn’t dress appropriately the next time he appeared in his court that he would “not have right of audience in this court.” The directive was issued by Judge Andrew Cody to solicitor Aonghus McCarthy while he was representing a client who had been summonsed before the court for holding a mobile phone while driving.

Jonathan Condron, Loughgate, Portarlington pleaded not guilty to the offence that allegedly took place on 17 February.

The court was told that Garda O’Keefee stopped the defendant driving after he observed him holding a mobile phone while driving.

Mr McCarthy asked whether the item that Garda O’Keeffe saw his client holding was inspected, whether the call logs were checked and whether any incoming or outgoing calls were made at the time of the stop, to which Garda O’Keeffe said he didn’t.

Mr McCarthy said that his client was not summonsed for making a call but for holding a mobile phone and that it can only be a mobile phone if it can make a communication function.

Mr McCarthy said: “I asked the garda if he had checked if the item was capable of making such a function and he said he did not.” “I don’t agree,’’ said Judge Cody, “the garda said he saw him holding a mobile phone.” Judge Cody then went on to criticise Mr McCarthy’s attire, whom at the time was wearing black jeans and a sky-blue shirt and tie, telling him: “The next time you turn up in court I want you dressed appropriately. If you turn up not dressed appropriately, you will not have right of audience in this court.” Mr McCarthy said he didn’t appreciate the personal remark that had been made about him.

Mr Condron took the stand and in his sworn evidence said that on the day he was holding a vape and held it up.

Garda Sgt Kirby asked if the defendant owned a mobile phone, to which he said he did and also held that up for the court to see.

Sgt Kirby asked Mr Condron whether he was suggesting that an experienced member of An Garda Siochana, like Garda O’Keeffe, mistook a vape for a mobile phone, to which he replied: “I know what I had in my hand. My mobile phone was on the passenger seat.” Judge Cody said that he was satisfied to accept the evidence of the garda and was informed that the defendant has 17 previous convictions that included theft, burglary, drugs and motoring offences.

Mr McCarthy asked the court to put a stay on the case on whether his client had a case to answer or not over a legal issue he had with the proceedings.

Not accepting Mr McCarthy’s application for a stay on the case, Judge Cody went on to convict Mr Condron of the offence and fined him €400 with three months to pay.

He accepted a request from Mr McCarthy to fix recognisance of an own bond of €100 and a cash lodgement of €1,500 in the event that Mr Condron wished to appeal against the sentence.

Later in the day during another case, the issue of Mr McCarthy’s dress was raised, this time by the solicitor himself.

Reece Delaney, Mooney, Terrace, Kilcormack, Co Offaly was summonsed for speeding on 9 February at Derrinsallagh, Borris-in-Ossory.

Judge Cody was informed that the Go Safe officer who had the alleged facts in the case was not present in court as he was on holidays and was asked to adjourn the case until he could attend.

Mr McCarthy asked Judge Cody to “strike out the summons as the officer is not present to give evidence.” “He is on holidays,” said Sgt Kirby, who went on ask for the case to be adjourned to 10 December, adding: “He is entitled to be on holidays.” “Is that because you don’t like the way I’m dressed,” asked Mr McCarthy?

“I asked for previous cases to be adjourned,” said Sgt Kirby.

Judge Cody adjourned the case to 10 December, with Mr McCarthy saying: “Judges should be impartial and not take the side of the state. Is that because of the way I’m inappropriately dressed?” Funded by the Court Reporting Scheme.