Judge: Court Service and I are separate

A judge said the Court Service was independent of him and he was independent of it when he refused a request to order the handing over of district court audio tapes.

Judge Timothy Lucey made his comments at Limerick District Court where a solicitor is charged with assaulting a legal colleague in the court building.

John Devane, aged 49, of Quinlan St, The Crescent, Limerick, denies assaulting John Herbert on May 25 and June 9.

Solicitor John Shanley, for Devane, applied to Judge Lucey to request the Court Service to hand over audio tapes from the district court which contained conversations between Mr Devane and others which, he said, were very important to the defence case.

Judge Lucey said he had no control over the Court Service and they were both independent of each other.

Mr Shanley said the court might make a recommendation on the matter to which the judge replied that he did not do recommendations.

Judge Lucey said if the defence felt the Court Service had evidence, then they should ask the Court Service for it.

However, the judge told Mr Shanley he should not confuse the Court Service with his role as a judge in the case. It was not for him as judge to produce evidence for either the defence or the prosecution.

Judge Lucey adjourned the case to the same court on March 29 and made an order for full disclosure of documents.