Apology to jurors as trial unable to start because of solicitors’ dispute over proposed new legal aid fees
A judge has apologised to a jury for a waste of their time after a trial they were due to hear at Dundalk Circuit Court could not begin on Tuesday because of a planned protest by lawyers.
Criminal-law solicitors are to halt legal aid work from Wednesday in a row over a controversial new payments plan due to be introduced next month.
Under the proposed scheme, solicitors in district court criminal cases will receive a flat fee of €455 per client, regardless of how many hearings are involved in a case.
A jury had been empanelled in Dundalk on Monday to hear the trial, but the following morning Senior Counsel Barra McGrory told Judge Dara Hayes that a legal executive representing his instructing solicitor Michael Hennessy had informed him that Mr Hennessy would not be attending for the rest of the week.
Mr McGrory said that he had learned of the solicitors’ action the night before. It left him in a difficult position and “professionally compromised”.
After the matter was adjourned for a time, Mr McGrory said he had contacted Mr Hennessy who told him that the situation had not changed.
The solicitors appeared resolute in withdrawing their services for circuit court criminal trials, and other matters, where defendants are on bail.
Mr Hennessy apologised, “but he feels bound by the collective decision of his colleagues,” Mr McGrory continued.
Michael Hourigan SC said that the prosecution was ready to proceed, but that he understood Mr McGrory’s position.
The judge said that he would be reluctant to start a trial on Tuesday and resume on Monday.
When the jury was brought in, Judge Hayes told them that the trial could not begin because of a dispute between criminal legal aid solicitors and the Minister for Justice.
Solicitors had indicated thay they were withdrawing their instructions to counsel in criminal trials from Wednesday to Friday.
“I would have preferred to be have been told yesterday, “ the judge said.
“I’m sorry your time has been wasted.”
The court also apologised to gardaí and to the accused.
The jurors were released from duty and the trial adjourned to a date in October.