Sentencing judge apologises at absence of SC

THE sentencing judge in the case against the two men who caused the deaths of two teenagers in Knocknaheeny last May apologised that it could not go ahead yesterday because one defence senior counsel was not present in court.

Judge Patrick J Moran put sentencing of Philip Murphy, aged 40, of 58 Killala Gardens, Knocknaheeny, Cork, and James Simms, aged 27, of Adelaide Terrace, Cork, back until Monday instead.

Murphy and Simms were convicted on Thursday of dangerous driving on Friday, May 14, on Harbour View Road causing the death of CJ Dolan, 16, and Derry O’Callaghan, 19.

Murphy was represented in court by a solicitor and barrister, but not by senior counsel Padraig Dwyer. The judge was told the senior counsel was in Portlaoise in another matter.

“Why is he not here? Your solicitor sought a senior counsel in this case. I would have thought his obligation was to be here to have regard for his client and respect for the court,” Judge Moran said.

Murphy’s barrister John Devlin said he was aware that Mr Dwyer SC had a difficulty yesterday.

Judge Moran said: “He did not have a difficulty. All he had to do was tell the people in Portlaoise that he could not be (there). The taxpayer has been paying substantial fees in this case. They deserve worth for their money. I think he should be here.

“The state are in a position to proceed. People who have an interest in the case are here. I am here.”

Mr Devlin BL said: “Perhaps the court would give a small adjournment.”

Judge Moran said: “The court’s time should not be organised to suit the convenience of a senior counsel who is not inclined to honour his full responsibility... I apologise to everyone. This is all due to the non-attendance of a senior counsel who should be here. I will deal with it on Monday morning.”

The background to the case was a row between young women which resulted in a feud between two families. When the trial opened on November 23 the jury was told that this feud resulted in an alleged threat to one family followed by the abduction of a young man associated with the other family. However, last week the judge told the jury that they were not to concern themselves with any of this evidence and should only deal with the evidence related to the driving of the Mondeo by Simms and the Golf by Murphy in the minutes before the fatal crash.

The jury spent about two and a half hours deliberating and delivered unanimous guilty verdicts against Murphy and Simms at Cork Circuit Criminal Court.