Judge revokes legal aid

Pro Hoc Vice · 06-07-2013 06:01PM

Jumboman wrote: »

Years ago I was up in court and got free legal aid but I didnt have to say anything. Maybe you only have to sign a form if its a serious charge ?

A number of district judges assume that once a solicitor puts forward the application the person is without means. There was always a requirement that the court is satisfied as to means, in more recent years judges are insisting on means to be put before them, if required by way of affidavit and the applicant can be cross examined on his statment if means or affidavit. A certain judge in East Cork always required a statment if means to be put before him for all applications.

Pro Hoc Vice · 06-07-2013 06:08PM

Cody Pomeray wrote: »

Yes the second judge in Limerick is Judge McCarthy who is in Limerick on a semi permanent basis because they haven't managed to get a second fixed judge yet.

My problem here is that you're dismissing all sorts of things as some sort of certainties, and all I am doing is suggesting what Judge O'Kelly ought to do (and because he seems like a reasonable man, he will do), and what an alternative DJ cannot do, in my opinion, which is to grant legal aid for the 6 accused individuals.

We are in agreement all the judge did is say hey hold on no one said anything about holidays are they in a caravan in the wilds of the west or they in sunny Australia, who paid for it. Then he says I'm not satisfied those questions are answered so LA withdrawn, adjourned till x date.

The Judge has to listen to any application on that day for LA, if he does not that is a reviewable decision. But he may be totally correct to not reinstate LA if the person can not satisfy the judge as to their means.

Say one if the six turns up next day, it turns out that person was on a cruise for 15 days in a state room, say cost €15k, say the person can't say or won't say who paid for it then that person should have legal aid withdrawn. Say another turns up the holiday for the brothers wedding in France, say his mother is in court to say they took the bus and boat as it was all they could afford or they flew with Ryanair for €59 each, say they stayed with in laws, and the accused did not have to pay anything, then legal Aid granted.

AlekSmart · 06-07-2013 06:26PM

Cody Pomeray wrote: »

I haven't read up on the articles surrounding this case, but it's not particularly relevant to us whether they pertain to criminal or civil hearings.

Bit more flesh on the bones in The Examiner....

http://www.irishexaminer.com/ireland/judge-orders-arrest-of-man-on-legal-aid-who-missed-court-due-to-sun-holiday-235897.html

Mr Harty, she said, learned his partner had booked a charter holiday abroad for the family, when he returned home from his last court appearance.

Mr Harty may well have a case against his Partner for putting his liberty at risk....all he needs now is a good Solicitor !

Judge O’Kelly said Mr Harty applied for and was granted free legal on the basis that he was getting €188 a week welfare.

Family Sun Holiday,2 adults 3 chizzlers.....perhaps an undergraduate discount...?

Good call by Judge O'Kelly.

Capt'n Midnight · 06-07-2013 06:45PM

http://www.irishexaminer.com/ireland/illiterate-dundon-hospitalised-with-head-injury-235828.html

Earlier, barrister Martin O’Rourke told the court that Mr Dundon had informed Madden & Finucane solicitors he was withdrawing his instructions from them and that he wished to “conduct proceedings” on his own behalf.

Asked by the judge if he could confirm the accuracy of what was said, Mr Dundon replied: “Yeah.”

Mr Justice Kearns told Mr Dundon’s legal representatives they were free to go.

However, after the murder charge was read to him by the court registrar, Mr Dundon said: “I plead not guilty but it’s a different legal team I am looking for.”

Mr Justice Nicholas Kearns told Mr Dundon he had confirmed that he wished to withdraw his instructions, did not wish to engage new legal team, and wished to defend himself.

Told by Mr Justice Kearns that he had been asked only “a few moments ago” to confirm this, Mr Dundon replied: “I thought you meant a new legal team.” The accused man added that he could not read or write.

“You have elected to do the case yourself and you will do the case yourself,” said Mr Justice Kearns.

mikemac1 · 06-07-2013 06:50PM

Ah the Dundons of Limerick.

No legal aid needed, they should be experts by now!

AlekSmart · 12-07-2013 10:32PM

It's currently only a trickle,but it's encouraging to see at least some of our Judiciary developing a robust sense of reality when dealing with the "Professionals"..

http://www.live95fm.ie/news/accused-free-to-go-on-holiday-but-not-at-taxpayers-expense/15583

WEll done Judge Eugene O'Kelly,and hopefully the same attitude will percolate through the rest of the "System" !!

Judge revokes legal aid

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