Courts / Wicklow / Report

Court must be warned in advance of trial delays, judge says

Date
2021-09-13

Stage
Trial

Primary locality
Bray

County
Wicklow

Summary

In a speech at the Central Criminal Court on 13 September 2021, Mr Justice Paul McDermott warned that barristers must notify the court in writing if a trial is expected to last more than three weeks. He said that without a written memo explaining the reasons for the delay and the required duration, a trial longer than three weeks will not receive a trial date. McDermott also said that the court will not tolerate significant overruns beyond the estimated time. He added that jurors should be informed of the expected length of the trial and that, in some cases, 15 jurors may be enlisted to cover for those who cannot continue. The judge cited the collapse of the Bray Boxing Club murder trial, where a 34‑year‑old defendant, Gerard Cervi, faced delays and a jury that was unable to finish the trial due to health and procedural issues. Gerard Cervi pleaded not guilty.

Who, what, where, when and why

What: Report matter: Court must be warned in advance of trial delays, judge says. Charges or matters: murdering Bobby Messett (50) at Bray Boxing Club, Bray Harbour, Bray, Co Wicklow on June 5, 2018. Procedural stage: trial

When: