The Court of Appeal has dismissed Shane Coffey’s appeal against a refusal to grant a second legal aid certificate for charges that the court said were already covered by an earlier certificate. It also dismissed a cross-appeal and awarded costs in both courts to the Minister for Justice and Equality, subject to any written submission within ten days.
Coffey had been charged in April 2015 with assault and breach of the peace. After failing to appear in court on 27 April, he was subject to a bench warrant. He was also charged that day with theft and failing to appear. When he was brought before the District Court on 28 April, counsel applied for legal aid. District Judge Faughnan granted the application, and a certificate was later issued covering three charges. The Court of Appeal noted that the certificate did not include one breach of the peace charge.
On 26 May, Coffey’s solicitor, Aonghus McCarthy, asked District Judge Halpin for a separate certificate for charges brought by Garda O’Reilly. McCarthy said the prosecutions arose at different times, involved different gardaí and required separate disclosure. Halpin refused, saying one certificate would do.
The Court of Appeal agreed with the High Court that Halpin had no power to grant legal aid a second time for charges already covered by the earlier certificate. The appeal concerned the refusal of that second certificate; the earlier order granting legal aid was not challenged. The court said any request to correct or clarify what Judge Faughnan intended should have been made to him, and that this course was not taken.
The judgment distinguished the excluded breach of the peace charge. The court said that if a separate application had been expressly made to Halpin for legal aid for that charge, he would have had to adjudicate on it. No such application was addressed in the proceedings, so that possibility did not arise for decision.
The court also rejected the Minister’s argument that Coffey lacked standing because his solicitor would be the sole beneficiary of a further certificate. It held that legal aid was granted to Coffey, and the entitlement belonged to the accused, even though the State paid the lawyer. The judges did not decide whether a separate certificate would have been appropriate if additional legal work were required.
The judgment was delivered on 25 February 2022 by Mr Justice McCarthy, with the President and Ms Justice Donnelly concurring.