Judge has harsh words for solicitor at Portlaoise District Court
Portlaoise Courthouse
JUDGE Andrew Cody expressed his dissatisfaction that a solicitor was not present in court to represent a client when his case was called.
Craig Dollard (33), 1 Bridge Street, Portlaoise was before the court charged with criminally damaging a wall causing €2,300 in damages, driving without a licence and insurance at Laurel Hill House, Coolrain on 28 February and with the theft of a set of car keys and the unauthorised taking of a vehicle from Lowran, The Pike-of-Rushall on the same date.
The case had been marked for a full hearing at Portlaoise District Court last week.
Judge Cody asked Mr Dollard if he was ready with his case, to which he replied that his solicitor was not present.
Judge Cody noted that solicitor Robert Murphy had been present in court earlier that morning to apply for a copy of the DAR (Digital Audio Recording) relating to a case that involved a 32-year-old woman who had had her free legal aid certificate revoked. The judge said that Mr Murphy had been present on the day that case was heard, but had left when it was called, to which Mr Murphy replied that he had been in court dealing with a private case.
Noting there was no solicitor present, Judge Cody said: “Mr Murphy has walked out again. Mr McCarthy was paid free legal aid and for the second week, his solicitor, Mr Murphy, has walked out of this court. This case was in for hearing today and it is going on.” He asked Mr Dollard to contact Mr McCarthy to enquire whether he or his solicitor (Mr Murphy) would be present in court to represent him in the case.
A short time later, Mr Dollard returned and told the judge: “I rang Mr McCarthy, but I got no answer.” Mr Dollard then asked if another solicitor could represent him, to which Judge Cody replied: “You can be represented by who you want. This is not the first time this solicitor has walked out. The case was in for hearing and he walked out. Four months ago, this case was down for hearing today and they knew that.” Mr Dollard asked whether solicitor Josephine Fitzpatrick, who was present in court, could represent him, to which she replied that she would be happy to assist Mr Dollard but was not looking for the free legal aid certificate to be transferred to her. She said that she would be happy to be assigned free legal aid but not in a case that had already been approved free legal aid to another solicitor.
Judge Cody said that the state would not pay free legal aid for two solicitors to represent Mr Dollard.
Ms Fitzpatrick asked Judge Cody to hold off on transferring free legal aid.
Judge Cody went on to revoke the free legal aid certificate on Mr McCarthy and remanded Mr Dollard on continuing bail to the 15 October sitting and set a new date of 5 November for a full hearing into the case, if required.
