The Law Society is to write to a District Court judge who accused it and solicitors of a “disgraceful” failure, arising from a criminal legal aid payments dispute, to guarantee the rights of a murder accused.Judge Andrew Cody was dealing with a murder accused who was represented privately when gardaí were unable, following about 40 phone calls, to secure a legal aid solicitor for him.Eugen Constantin (72), from Church Street, Portlaoise, appeared at Portlaoise District Court on Tuesday charged with the murder of his wife Adina (50) at their home on July 5th last.After being informed of the failed efforts to secure a solicitor from the legal aid panel, Cody quoted from a statement issued last October by the Law Society stressing the right of every person to competent and fair legal representation.“The failure of the solicitors profession, supported unfortunately by the Law Society, to effectively guarantee his fundamental rights is disgraceful,” he said.In a statement, the society said it would be writing to Cody “to provide him with further information on the role of the Law Society and individual solicitors”.The society has consistently raised “serious concerns” with the Department of Justice about the changes made to the criminal legal aid scheme and “will continue to seek to engage” with the department in order to secure a resolution to these issues, it said.It remains “firmly committed” to supporting a sustainable and effective scheme that serves both the interests of justice and the public, the statement concluded. The dispute between criminal defence solicitors and the department relates to the new criminal legal aid fees payment model for the District Court that came into effect on July 1st. Solicitors have withdrawn services with effects including the adjournment of thousands of criminal cases and difficulties for those accused of offences in securing legal representation. By Tuesday evening, 55 solicitors had withdrawn from the 885 member criminal legal aid panel. Minister for Justice Jim O’Callaghan said last weekend he was “not for turning” on the new €520 single flat fee per case, irrespective of the number of court appearances involved. It replaces the previous model under which solicitors were paid about €239 for the first appearance and about €60 for each subsequent appearance. In a letter on Wednesday to the Irish Human Rights and Equality Commission, Tony Collier, a leading criminal defence solicitor, urged it to consider intervening in the continuing dispute. Collier, a partner in Ferrys Solicitors, was also among dozens of criminal defence solicitors who wrote individually on Wednesday to the Chief Justice and presidents of the District, Circuit and High Courts in the context of the solicitors’ withdrawal of services. The letters to the judges express concern that the judiciary, and particularly the District Court, was now in “an invidious position” of being required to administer justice in circumstances where defendants may not have access to lawyers. Some examples were cited, including another murder accused who was remanded in custody. He was unable to access a solicitor from the earliest stage of the proceedings against him and the situation raises “acute concerns about his ability to effectively represent himself, the letters stated.Another case concerned a young man detained on July 3rd in relation to alleged offences including robbery and an alleged breach of the Sex Offenders Act, relating to failure to notify a change of address and personal details. The issue should be seen in light of the State’s constitutional obligation, reinforced by Ireland’s obligations under European law, to provide legal representation to accused persons who lack sufficient means, he said.
Law Society to write to judge who accused it of ‘disgraceful’ failure arising from legal aid pay row
Criminal defence solicitors seek intervention of human rights body as dispute continues
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