Rape victim 'extremely distressed' as solicitor strike stalls trial at Central Criminal Court

A rape complainant was left "extremely distressed" after a legal aid dispute forced her trial to be adjourned. Dozens of cases were disrupted across Dublin courts.

Rape victim left in limbo as solicitor walkout disrupts Dublin courts

A rape complainant was left "extremely distressed" after a legal aid dispute forced the postponement of her trial last week, the Central Criminal Court heard on Monday, the Irish Times reports.

Counsel for the Director of Public Prosecutions told Judge Paul McDermott that the case involved an "extremely vulnerable person" who had been listed for trial but could not proceed because the defending solicitor did not attend. The complainant was actively seeking the earliest possible date to reschedule.

The woman was a child when the alleged sexual offending took place, more than 20 years ago. Judge McDermott described her as "a casualty" of "the prolonged dispute".

"I don't know when this dispute is going to end," the judge said. "The problem is that [the complainant] is put into this difficulty by a process outside our control."

The earliest trial date the judge could offer was February, with a case management hearing listed for 4 December. "Hopefully this dispute will be over by then. Hopefully there will be a solicitor present to represent the accused," he said. The accused was present on bail.

Vulnerable complainants among those affected

Two further cases before the court to fix trial dates also involved vulnerable complainants. One concerned an adult who alleged she was raped and sexually abused as a child. Judge McDermott noted that case was otherwise "ready to go on" but had to be stood down due to the dispute.

The court's list included 13 defendants — two facing murder charges and 11 facing rape or sexual assault — of whom roughly half could not proceed due to late-breaking issues including last-minute disclosure of evidence.

In one case, the defending solicitor did attend, and a jury was empanelled. In another, a solicitor was present for an accused man who entered guilty pleas to a number of rape charges; sentencing was adjourned to January.

A man in custody awaiting trial for murder was not attended by his solicitor of record. Judge McDermott described that case as one of "some sensitivity", noting it involved a fitness-to-plea issue. The matter was adjourned to the afternoon sitting, when a representative from the solicitor's office appeared; counsel informed the court the accused had not engaged with a mental health assessment.

Four additional cases involving sexual offences were trial-ready but could not proceed due to the absence of solicitors. One was a retrial involving a "particularly vulnerable complainant" who, the judge said, had been "steeling herself for this for quite some time".

Circuit Court also hit

At Dublin Circuit Criminal Court, all ten sentence hearings listed before Judge Martin Nolan were adjourned, almost entirely because of the solicitors' withdrawal of services. The cases spanned offences including drugs, assault, affray, attempted robbery, theft, financial fraud and proceeds of crime, and were rescheduled to dates in December.

One case received a date of 9 November, though the judge expressed doubt it would be able to proceed given the ongoing situation.

In a theft case listed for sentencing, Judge Nolan noted the defendant had already spent a year in custody and warned the defendant's situation could be prejudiced as a result. He said the defendant's solicitor should ensure attendance at the next date in early December.

Cases listed for mention and arraignment were almost universally adjourned to dates in December, January and February due to the absence of legal representation.

Source: Irish Times