Carrick-on-Shannon solicitor warns- ‘It’s not right that people are in jail with time served!’

Vulnerable defendants are being forced to represent themselves in court as the ongoing withdrawal of criminal legal aid services places increasing pressure on Ireland’s justice system, a Carrick-on-Shannon solicitor has warned. John Anderson, of George Lynch & Son Solicitors, said several people appeared without legal representation at Carrick-on-Shannon District Court this week as local practitioners continued their complete withdrawal from both private and legal aid criminal work.

Mr Anderson said one man, who has been in custody since July 12, was required to represent himself in a serious case heard in private. “He said himself that he would probably have his time served at this stage, and that is not far off the truth,” Mr Anderson said.

“It is not right that he is sitting in custody with no representation.” Another woman represented herself in an unaccompanied driving case, while a separate defendant conducted his own full bail application. “It is hard to see people who are very vulnerable not getting represented and having to deal with these matters themselves,” Mr Anderson said.

He praised Judge Éiteáin Cunningham and Carrick-on-Shannon court staff for managing the situation with patience and fairness. “We are very fortunate to have Judge Cunningham here. She is very practical, consistent and fair with everybody,” he said.

However, he warned that delays and backlogs were now inevitable. Mr Anderson said solicitors in Leitrim, Sligo and Longford had remained united during the withdrawal, although the extent of the action differs between court areas. No private or legal aid criminal work is currently being undertaken in Carrick-on-Shannon or Sligo, while some private cases are continuing in Longford.

He said his firm alone would ordinarily have represented almost 30 clients in Carrick-on-Shannon on Tuesday, with a further 26 cases listed in Longford. “In any given week, we could be dealing with up to 100 people,” he said.

The dispute centres on the Government’s new criminal legal aid payment model. Solicitors are particularly seeking additional payments where cases return to court repeatedly through no fault of the defence and separate payments when one person faces distinct charges arising from different incidents.

Under the current proposals, Mr Anderson said a solicitor dealing with a case that appears before a court 20 times could effectively receive less than €26 for each appearance. “I don’t know too many people who will go to court for €26 or less,” he said.

He argued that judges should be allowed to approve an additional legal aid certificate where a case has appeared more than ten times because of delays caused by Gardaí, outstanding prosecution directions or court-ordered medical and probation reports.

“If it is not at the hands of the defence solicitor and a case is continually being adjourned, it is very unfair,” he said. Mr Anderson warned the flat-fee structure could place solicitors under pressure to complete cases as quickly as possible rather than allowing them the time required.

“We should be dealing with the case in the proper way, following the client’s instructions and doing whatever has to be done,” he said. He said complicated cases, including drug prosecutions awaiting analysis from Forensic Science Ireland, could return to court numerous times over six months or a year.

His greatest concern is that solicitors may eventually decide that complex legal aid cases are no longer economically viable. “You could effectively have a desert where people cannot get representation,” he warned.

The continuing adjournments are also having a serious effect on victims and accused people. Mr Anderson cited the case of a client who was the victim of a serious assault in Sligo and whose case has now been adjourned until December 8.

“He has no closure, and neither does the person accused. It is hanging over their heads for that length of time,” he said. “For victims and people who are very vulnerable, what is happening is simply wrong.” Criminal law practitioners are due to meet at the Law Society as efforts continue to resolve the dispute. Mr Anderson said pressure from clients was mounting and that solicitors now needed either a meaningful resolution or a decision on the future direction of the action.

“People want to get their cases dealt with. They do not want cases being adjourned for no reason,” he said. “We need to make a decision and either go back to work or do something else. Hopefully, some resolution can be reached soon.”