DPP payments to barristers up by 11% despite cuts

PAYMENTS by the Director of Public Prosecutions (DPP) to barristers last year increased by 11% to €15.2 million in spite of the Government imposing a 8% cut on lawyers’ fees in March of last year.

Figures provided by the DPP’s office show the barrister who successfully prosecuted Ennis woman Sharon Collins, in the ‘Lying Eyes’ conspiracy-to-murder trial, received the highest fees paid to a senior counsel by the DPP in 2009.

The figures show that leading prosecutor, Tom O’Connell SC, received €320,462 (inclusive of VAT) to prosecute cases on behalf of the state last year. The €15.2 million total was shared between 169 senior and junior counsel.

Last year, the Government imposed an 8% reduction in lawyers’ fees and in response to a planned further 8% reduction, the DPP, James Hamilton wrote to the Minister for Finance Brian Lenihan earlier this year to express his “serious concern” over the impact the planned cut would have.

However, a spokesman for the Department of Finance confirmed it has proceeded with the new 8% cut from April 1 last.

He explained: “This is necessary in light of the pressures on the public finances. Everybody must play their part.”

A spokeswoman for the DPP said: “Despite the reductions imposed on fee rates, the DPP’s Office acknowledges that arising from a greater level of throughput of cases and a number of particularly lengthy cases a higher total amount was spent on barristers’ fees in 2009 compared to 2008.”

The spokeswoman said: “Some of the fees payable to individual counsel may relate to work undertaken at the end of 2008.”

The spokeswoman said the 8% reduction from April 1 means that counsels’ fees “have been reduced since September 2008 in the order of 22%”.

Director of the Bar Council, Jerry Carroll, yesterday said the cuts “are pretty severe”.

He said: “It is a very stringent cut. We want to play our part and have been playing our part and the DPP has recognised this. We would have preferred if the case put forward by the DPP had gained resonance with the minister.”

The figures show 54 senior counsel received €4.7 million, up €4.1m on 2008, while €10.5m was paid to 115 junior counsel compared to €9.6m paid to 118 junior counsel in 2008.

The barrister who received the highest amount from the DPP last year was Limerick-based junior counsel, John O’Sullivan, who got €386,050.

Others in the top five include Dominic McGinn BL, who got €334,284, and columnist and political pundit, Noel Whelan BL, who received €234,766.

A number of the barristers high on the list featured in a number of recent, high-profile trials.

Mary Ellen Ring SC, who prosecuted Eamon Lillis when he was convicted of the manslaughter of his late wife, Celine Cawley, got €198,720, while Isobel Kennedy SC, who prosecuted Ronald McManus, found guilty of the manslaughter of Melissa Mahon, received €165,788.

Counsel acting on behalf of the DPP receive the same amount as the fees paid through the criminal legal aid scheme to defence counsel.

Arising from the reduction in fees, the DPP office confirmed a senior counsel will now receive a ‘brief’ or case fee of €7,919 for a murder case in the Central Criminal Court — this covers preparatory work and the first day in court. In rates for each subsequent day, senior counsel will receive a ‘refresher fee’ of €1,736.

In similar cases, new rates show that junior counsel are to receive a ‘brief’ or case fee of €5,280 and €1,157 paid for each subsequent day after the first day.

The figures show that for rates for the circuit court, junior counsel will now receive a ‘brief’ or case fee of €1,272 and ‘refresher’ fees of €636.