The Court of Criminal Appeal has ordered the State to pay in full the costs of Dermot Laide’s appeal and retrial, despite his conviction for violent disorder being upheld.
In a judgment delivered on 7 July 2005, the court said it was satisfied that the defence had not contributed to the need for the appeal and new trial. It said the complexity of the case, particularly the appeal, and the interests of justice supported an award covering both proceedings.
The judgment said Laide qualified for legal aid but did not hold a legal aid certificate at the time of the appeal. Under section 4 of the Criminal Procedure Act 1993, the Court of Criminal Appeal may order the State to pay some or all of the appeal and retrial costs where a person is ordered to be retried, unless the defence contributed to the need for those proceedings.
The court said it was exercising its discretion to order payment of the costs in whole by the State. The judgment does not state the amount of costs awarded.
The court had already announced that Desmond Ryan, the other appellant, would receive the costs of his appeal. The judgment records that decision but does not give further details about Ryan’s costs.