Courts / Ireland / Report

Reserved judgement in case of lawyers accused of misleading court

Date
2018-06-20
Stage
Sentence

Summary

In a High Court case involving two lawyers accused of misleading the court to delay the deportation of Polish criminal Thomas Bebenek, Mr Justice David Keane reserved his decision on whether further action should be taken. The judge noted that the lawyers, a solicitor and a barrister, used litigation as a tactic to postpone Bebenek's deportation long enough for a new order to be issued and challenged. He criticised the lawyers for failing to properly inform the court of relevant immigration law, an obligation of court officers. The judge considered referring the matter to the Law Society and the Bar Council. The solicitor was ordered to reimburse the State's legal costs for gross negligence. The case remains pending, with the judge awaiting further submissions from the lawyers' representatives. The matter is still before the court.

Who, what, where, when and why

What: Report matter: Reserved judgement in case of lawyers accused of misleading court. Procedural stage: sentence

When:

Why: In his judgement, Mr Justice Keane ordered Bebenek's solicitor to personally reimburse the State's legal costs because there had been "gross negligence" on behalf of Bebenek's lawyers. CNI source report

Case subjects

Unnamed accused

Accused

Outcome: He received notification of his deportation in June 2015 while he was serving an 18-month prison sentence for theft.

Places mentioned

Court Venue
  • High Court

Topics

Stage Sentence

Read the original CNI report

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