Courts / Dublin / Report

Anti-water charge protester to have legal fees covered by State in contempt proceedings

Summary

The High Court has declined to deliver judgment in a test case brought by anti-water charge protester Anthony Eccles, as the matter is now moot. Mr Justice Paul McDermott ruled that the Legal Aid Board's recent determination, which granted Mr Eccles state-funded legal costs for his contempt proceedings, rendered the case pointless. Mr Eccles had argued that the State's failure to provide legal aid to individuals facing potential committal in non-criminal proceedings was unconstitutional and incompatible with the European Convention on Human Rights. The State opposed the action, arguing it was premature, but conceded it was no longer necessary following the Board's decision. The underlying contempt allegations, which accuse Mr Eccles and others of breaching court orders obtained by GMC Sierra Ltd to prevent interference with water meter installations, are denied by the protesters. These separate proceedings stand adjourned before Mr Justice Paul Gilligan. Additionally, the court heard that the State intends to make a similar application regarding a parallel case brought by protester John Darcy, who also seeks state coverage for his legal costs. Unlike Mr Eccles, Mr Darcy did not apply to the Legal Aid Board. Judgment in Mr Darcy's action was reserved, and his case is scheduled to return before the courts later this month. Both men are alleged to have breached injunctions secured by GMC Sierra Ltd, though they maintain their actions were lawful and peaceful protests.

Who, what, where, when and why

What: Report matter: Anti-water charge protester to have legal fees covered by State in contempt proceedings. Procedural stage: charge_or_pretrial

When:

• Christmas Other
• 2015-01-15 Publication

Why: Mr Justice Paul McDermott today ruled there was no point in delivering judgement in a case brought by Mr Anthony Eccles because the Legal Aid Board had determined he was entitled to have his legal costs covered by the State in proceedings seeking his attachment, possible committal to prison and or fine. CNI source report

Case subjects

Places mentioned

Topics

Stage Charge Or Pretrial

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Read the original CNI report