Cork judge urges DPP to clarify when jury trials can restart amid Covid

The Circuit Court judge pointed out that some of those accused of crimes are in jail awaiting hearings.

The judge suggested accused people before him might have to be released on bail if there was no prospect of a trial by judge and jury. File picture: iStock

A Circuit Court judge said the DPP would need to find out from Nphet when jury trials could resume, particularly when some of those accused of crimes are in jail awaiting hearings.

The judge said that this too was an ‘essential’ matter. He suggested accused people before him today might have to be released on bail if there was no prospect of a trial by judge and jury.

Judge Seán Ó Donnabháin asked: “Has the DPP made any representation to Nphet about essential ingredients of trials?” Defence barrister Dermot Sheehan said that if the accused did not get a trial in the sessions of Cork Circuit Criminal Court commencing on February 1, he would have an application for the accused to be released from custody and granted bail.

Judge Ó Donnabháin repeated the question about representations to the National Public Health Emergency Team (Nphet).

“Perhaps someone would want to wake up to the fact that this is an essential part of life for someone in custody,” he said.

Judge Ó Donnabháin said an answer was needed to this question and that “someone would want to go knocking on doors.” 

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The Lithuanian interpreter was asked to explain to the accused who appeared at Cork Circuit Criminal Court by video link from prison that there cannot be a trial at the moment and for the foreseeable future due to Covid.

The defendant replied: “OK.” Prosecution barrister, Brendan Kelly, asked for the matter to be put back so that the position relating to jury trials could be clarified. Judge Ó Donnabháin put the matter back until February 2.

Turning to defence barrister, Dermot Sheehan, the judge said: “You may bring an application for bail on that date.” Judge Ó Donnabháin added: “If the State are not in a position to tell me there is going to be a return of trials I will have to give the man bail.” 

The judge said the State would have to address this situation at some stage.

The defendant then addressed the court through the interpreter and said that as far as he was aware the charges were being withdrawn. Mr Kelly BL said: “I have heard nothing of the sort.” 

The case against 43-year-old Marius Rucinskas with an address at an apartment at The Courtyard, Castletownbere, County Cork, was listed at Cork Circuit Criminal Court.

He is accused of assaults dating back to January 1, 2020.