Courts / Ireland / Report

Judge won't budge: trial delay refused despite unavailability of barrister to run the case

Summary

In a decision on 3 May 2023, Mr Justice Paul McDermott of the Central Criminal Court refused to postpone the opening of a trial because the Director of Public Prosecutions (DPP) could not locate a senior counsel to prosecute the case. The judge explained that the court's schedule is not to be altered by the availability of barristers and that it is the responsibility of the DPP to ensure that suitable counsel is ready. He noted that junior counsel and solicitors have the right of audience and that the court has sufficient judges to proceed. Mr Justice McDermott emphasised that the only acceptable reasons for delay are the unavailability of courtrooms or judges, not the convenience of barristers. The DPP's representative, Carol Doherty BL, had requested a brief adjournment to allow the original senior counsel to return, but the judge declined, stating that the case would proceed as scheduled.

Who, what, where, when and why

What: Report matter: Judge won't budge: trial delay refused despite unavailability of barrister to run the case. Procedural stage: hearing_or_decision

When:

• 2023-05-03 Publication

Why: The only reason for delay will be the unavailability of courtrooms or judges. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report