Judge criticises solicitors' withdrawal in Ballyfermot conspiracy-to-murder sentencing

A Central Criminal Court judge slammed striking solicitors after Jason Dunne's sentencing was adjourned due to no legal representation. The dispute centres on legal aid fees.

Sentencing adjourned as solicitors' strike leaves murder conspiracy case without representation

A Central Criminal Court judge has criticised striking solicitors over their withdrawal from active cases, after a man who pleaded guilty to conspiracy to murder appeared without legal representation on Friday, the Irish Independent reports.

Jason Dunne (35), of Cedarbrook Place, Ballyfermot, had been due for sentencing after pleading guilty to conspiring to murder Thomas McDonnell between 28 November and 3 December 2021, at Cookstown Cottages in Tallaght. The hearing could not proceed because Dunne had no solicitor present, owing to the ongoing dispute over legal aid fees.

Judge Paul McDermott said it used to be standard practice for a solicitor wishing to come off record to apply to the court for permission. That procedure was not followed in Dunne's case, nor in several other cases that came before him on the same day.

"To turn around in the middle of a case and say they are not continuing further, it seems to me, is inappropriate," Judge McDermott said.

He adjourned the sentencing hearing for the time being, but warned the court could not be "kept in abeyance long term". He also criticised the "lack of uniformity" among solicitors who have applied different criteria in different parts of the country regarding which cases they are willing to take.

Judge McDermott called for "some reflection" among legal representatives, suggesting they consider their obligation under legal aid rules to comply with instructions unless there are "reasonable grounds to refuse". He said solicitors engaged in industrial action should distinguish between cases that have already progressed to trial and those that have not yet commenced.

Earlier on Friday, several barristers indicated they no longer had instructions in relation to trials scheduled to begin the following Monday. Judge McDermott agreed to adjourn those trials but cautioned that the stand-off is causing real distress to those who attend court expecting proceedings to move forward.

He warned that at some point a decision would have to be made to convene a trial and "get on with it", adding that complainants and bereaved families cannot be left waiting indefinitely because of an absence of legal representation.

Source: Irish Independent