Criminal court cases adjourned amid solicitors’ legal aid dispute

A number of defence solicitors were present in court, with one telling the judge when the case in which they were instructed was called: “With the greatest respect to the court, I’m withdrawing my services.”

Mr Justice McDermott thanked the solicitors who were present.

While dealing with the Central Criminal Court’s case management list, the judge said the court expected that if individual solicitors were going to withdraw their services, they should “come to court and indicate that, not simply as a matter of courtesy to the court”, but also so the court could “address in advance any proposed withdrawal of service”.

He noted that people may have travelled to attend court, complainants may be expecting to give evidence in a trial, and others, including members of the jury panel, had made themselves available to the court.

The judge said the court was asking that “solicitors come to court to inform the court there is a difficulty and the case is affected by this dispute”.

He noted that on Tuesday only one solicitor appeared to explain their position, while others “relied on counsel”, adding that “it is not counsel’s dispute” and the court did not believe it was for counsel to “have to explain” the solicitors’ withdrawal of services.

Two Central Criminal Court cases involving sexual offences, which were listed for sentence and in which the accused men were in custody, were attended by solicitors and finalised.

In Dublin Circuit Criminal Court on Wednesday, a number of cases in which defence barristers indicated that they were neither instructed nor attended were adjourned in full by Judge Orla Crowe.

Judge Crowe is the presiding judge in Court No 5, where first appearances in Circuit Criminal Court cases are heard. The court deals with an extensive list of cases for mention, arraignment and sentence.

Cases in which an accused person was in custody generally proceeded, as the barrister was attended by a solicitor and had instructions.

On Wednesday, five of the eight cases listed for sentence before Judge Crowe were adjourned in full because the defence barrister was not attended or instructed.

These cases involved accused who were on bail and included a case of harassment, an armed burglary, a man who had pleaded guilty to a charge of sexual activity in the presence of a child and a man who admitted an offence of criminal damage.

Cases listed for trial in Dublin Circuit Criminal Court were also adjourned.

It has been reported that solicitors will not carry out criminal legal aid work in courts on Wednesday, Thursday and Friday as part of a dispute over proposed legal aid reforms, including solicitor fees.