Laois solicitors again withdraw services at Portlaoise District Court
Image for illustration purposes
THERE was more disruption at Portlaoise District Court last week as barristers joined local solicitors in their opposition to plans by the Department of Justice to introduce a flat fee of €455 under the free legal aid scheme, regardless of how many court appearances a person faces during a case.
At Monday’s sitting, as was the case last week, solicitors Josephine Fitzpatrick and Barry Fitzgerald told Judge Susan Fay that they were withdrawing their services under the free legal aid scheme, except for custody and juvenile cases.
Barristers Andrew Dunne and Brian Mallon informed the judge that a decision had been taken by their governing body that they would not be taking instructions from solicitors and instead would take notes on their solicitor’s clients for them.
For her part, Judge Fay said she noted the position of both the solicitors and barristers.
She said that her colleagues on the bench in Dublin had agreed not to issue bench warrants for defendants who were legally represented under the scheme and who did not attend court for their cases while the campaign was ongoing.
She told many of the 80 or so people who had turned up in court to have their cases heard and who were not represented by the free legal aid scheme that she “doesn’t know when this strike will end.” Some legally aided defendants asked for their cases to proceed, while Judge Fay adjourned the vast majority of them to July and September.
Court presenter Garda Sgt Kirby said the absence of free legal aid solicitors and additional adjournments would place further strain on garda resources.
There was some confusion in a case where a book of evidence was being presented on a 44-year-old man who was charged with the distribution of child pornography.
Garda Murray took the stand and said the book was ready to be served on the defendant, but because his solicitor had withdrawn her services, she was unsure of how to proceed.
Sgt Kirby said the state was anxious to expedite the case and was in a position to procced with it.
Barrister Andrew Dunne said that this was the first time that the issue of the service of a book of evidence on a defendant in receipt of free legal during the solicitor’s campaign had been raised.
Judge Fay asked that the state solicitor for Laois Tristan Lynas be consulted on the issue.
After consultation, Garda Murray said that he had advised that it was for the judge herself to decide on the matter and the state would be able to take back the book if she so decided.
Garda Murray said given the circumstances and the fact that the defendant was not legally represented, gardaí were looking to adjourn the case.
Judge Fay asked the defendant if he had any difficulty in her extending the time for the book of evidence being reserved on him, to which he said he had not.
She went on to remand the man on continuing bail for the service of a book of evidence on 26 July.
