5 adjourments and counting

Swaine

So, I was charged with non payment of a taxi fare in 2018 (complete bull, I paid, he got lost, wanted more money, rang the Gardai).

5 times I've attended a court date and every time it hasn't reached me on the list. Naas court, absolute disaster.

That's 5 days off work for nothing plus travelling expenses etc. Also, I'm pretty sure my solictor will charge for each date but not 100% on that.

Is there anything I can do here or is this the norm in the Irish justice system?

Claw Hammer

https://www.boards.ie/discussion/2058269539/5-adjourments-and-counting

You could start a judicial review and also take a constitutional challenge. A lot would depend on the reasons for the adjournments.

the 12 th man

https://www.boards.ie/discussion/comment/119808396#Comment_119808396

His case wasn't called,it wasn't adjourned.

Swaine

https://www.boards.ie/discussion/comment/119808396#Comment_119808396

Every reason is because my case hasn't been reached. Last Thursday I was number 201 on the list, they managed to get to number 66.

This is just not acceptable now.

Claw Hammer

https://www.boards.ie/discussion/comment/119808494#Comment_119808494

It would hasve been adjourned as a result of not being reached. There would have been an announcement at some point that all remaining matters are adjourned.

billgibney

Probaly caused by Zaiden running his mouth off.

NUTLEY BOY

Is there any merit in an application to have the case struck out on the basis that the defendant is being dealt with unfairly and unjustly by being brought to court repeatedly and not being dealt with. Justice delayed, justice denied and all that jazz.....

Alternatively, could the defendant approach the prosecution to complain about the situation with a view to having the matter struck out on a consent basis?

phildub

There are people sitting in prison over 3 years waiting on circuit and central criminal court trails that keep getting adjourned. The application cam certainly be made when the matter is called but I don't know that it necessarily has merit.

If the case is called and all parties are present and ready to proceed the judge will proceed. These long lists are a direct effect of adjournments due to coivd and unfortunately all cases cannot be struck off for this reason.

The 'Justice delayed justice denied" adage is more about not being able to properly defend oneself due to passage of time and death of witnesses or witnesses now not recollecting etc. It's not really about the length of time it takes the matter to go through the courts, once it is able to proceed once it is ready.

I know the whole thing is very frustrating, the courts know they can't get through the lists so they really shouldn't be brining the defendants in under these circumstances. You might get lucky and the garda could be just as fed up and not show up when the matter is called, in which case your solicitor would be fully entitled to ask for a strike out.