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Income from alleged criminal activity cannot be considered in legal aid application, judge rules
Summary
In a Dublin Circuit Criminal Court case, Judge Melanie Greally ruled that an accused's alleged income from criminal activity could not be considered when assessing his eligibility for legal aid. The man, charged with drug dealing and firearm offences, had applied for legal aid, but Gardaí believed he possessed income from crime. The judge agreed with Garda Janice Gray that seized cash and vehicles were suspected to be from illicit sources, but stated that only legal assets could be used to assess the accused's ability to pay for his defence. The accused receives disability benefit and rent supplement payments, and the judge found no significant lawful income. The case remains pending, with the trial scheduled for next year.
Who, what, where, when and why
What: Report matter: Income from alleged criminal activity cannot be considered in legal aid application, judge rules. Charges or matters: possession of cannabis for sale or supply at his home in March last year. Procedural stage: charge_or_pretrial
When:
- 2016-06-22 Publication
Why: The judge said that she shared gardaí suspicions about his assets but was granting legal aid because only income from legal sources could be taken into account when assessing someone's ability to pay for their lawyers. CNI source report
Case subjects
Accused
Charges: possession of cannabis for sale or supply at his home in March last year (Alleged Or Contested)
Places mentioned
Topics
Drugs Stage Charge Or Pretrial
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