Murder and rape cases could be delayed

Three rape cases and one murder case which had been due to for trial might now have to be put back to dates in 2004, due to a lack of judges, Mr Justice Paul Carney has said.

Mr Justice Carney, who has frequently addressed the issue of a distinct lack of resources at the High Court, told a jury panel awaiting selection for new trials scheduled to go ahead today there was no work for them due to the situation.

"There are no judges available to accommodate any of you," he told the jury panel and counsel in the cases scheduled to begin.

"There is nothing I can do, except put the cases back on the next list to fix dates."

Mr Justice Carney said the High Court has now given away its last dates for 2003 and all remaining trials would have to wait at least 19 months for a hearing.

"A majority of these cases, after waiting the 19 months, are likely to be delayed further," he said, noting that until recently the waiting period had been roughly 16 months.

Mr Justice Carney said until now the court had also been able to accommodate at least one in five of the cases that had endured this lengthy waiting period, "but now nothing in the list is being accommodated."

"I am tied up in a long case, Mr Justice Paul Butler is tied up in a long case and Mr Justice Kevin O'Higgins has had to resume a matter in the Court of Criminal Appeal. There is nobody to be made available to deal with the list," he told the jury panel and counsel.

One counsel told Mr Justice Carney his client had been in custody awaiting trial since 1999 and asked if the case could be given priority at the next list to fix dates.

"Even if I say a case is being given priority, it is meaningless. All the cases on this list have taken probably 15-16 months to get here and all have to be put back."

Mr Justice Carney addressed the same issue on May 13 last at another hearing to fix dates. He said that the "pain and suffering" of victims and relatives in these cases which could not be dealt with on the designated dates was "beyond comprehension".

Mr Justice Carney set dates at the April session up to December 2003 for 19 rape and 11 murder trials.

Some 70% of the trials pending in the Central Criminal Court are for alleged serious sex offences and at some listing sessions they have accounted for more than 75% of the cases.

Mr Justice Carney said today he would be expressing his concerns at a victim support meeting scheduled to take place in the coming weeks.