Solicitors in dispute over legal aid payments tell Cork court they 'cannot act' for defendants

All cases were adjourned on Monday pending settlement of dispute with minister for justice

Cork Circuit Criminal Court also sat on Monday at the courthouse on Anglesea Street and all cases were adjourned. Picture: Larry Cummins

Solicitors in dispute with the minister for justice over pending changes to free legal aid payments were present at Cork District Court on Monday but said in case after case they were not in a position to act for defendants.

Cork Circuit Criminal Court also sat on Monday at the courthouse on Anglesea Street and all cases were adjourned. Barristers who receive their instructions from solicitors in criminal cases told Judge Helen Boyle as each case was called that they [the barristers] had no instructions.

Judge Boyle adjourned numerous cases until next month or the October sessions of Cork Circuit Criminal Court. However, the judge indicated if the dispute between solicitors and minister for justice Jim O’Callaghan resolved soon then applications could be brought before the present sittings of the circuit court to have the adjourned cases re-listed in early July.

The Doneraile murder trial at the Central Criminal Court is unaffected by the dispute for two reasons: firstly, that it is ongoing trial, and, secondly, because two of the defendants are juveniles.

Thomas Coughlan, solicitor told Judge Valerie Corcoran, the visiting judge sitting at Cork District Court, that following a meeting last week, individual solicitors in Cork had decided to withdraw their services because of the dispute. 

However, solicitors were present to uphold their legal duties in relation to custody matters and would comply with any direction of the court in that regard, Mr Coughlan said, adding: “Our dispute is with the minister for justice.” 

Judge Corcoran said: “I appreciate your respect for the court. I respect the solicitors’ position. We will work through whatever arises. I appreciate how hard criminal law solicitors work in all courts throughout the country. We just have to deal with what we are dealing with now and do so as best we can.” 

In one case, 39-year-old John Heaphy, of An Caisleán Drive, Ballincollig, appeared in court by video link from prison on a charge of possession of an article under the Firearms and Offensive Weapons Act, related to an alleged incident at Dublin Street, Cork, on November 15, 2023.

Diarmuid Kelleher, solicitor told Mr Heaphy, he had been unable to reach him by phone in prison to tell him what was happening. 

Mr Kelleher explained to the defendant: “We are in a dispute with the Department of Justice regarding fees and a reduction. We are withdrawing services. We cannot act today. So your case cannot be dealt with.” 

John Heaphy asked: “What is that about?” Mr Kelleher explained: “It is a dispute with the department with all solicitors.” 

On the application of Sergeant Gearóid Davis, Judge Corcoran remanded the accused in continuing custody until July 6.

One of the issues in the dispute regards changes to free legal aid due to be brought into effect on July 1, including a flat fee for a case sent forward to the circuit court or Central Criminal Court rather than payments which would vary according to the number of court appearances occurring in a case.