This article contains references to rape and sexual abuse involving minors. Reader discretion is advised.
By: CCC Nuacht reporters
The first day of the new legal year in the Central Criminal Court and the Dublin Circuit Criminal Court has been affected by the ongoing withdrawal of services by defence solicitors.
Several trials involving allegations of rape which had been listed to start in the Central Criminal Court were adjourned due to the action.
Mr Justice Paul McDermott said Central Criminal Court’s trial list has been “extended out”, describing it as an “unsatisfactory” situation.
The judge said it was “very unfortunate” that the affected trials could not proceed, noting the difficulties for complainants and accused persons, who wish for cases to be dealt with. He said the court had no option but to adjourn these cases.
In the Circuit Court, six out of a total of eight cases in a sentencing list before Judge Jonathan Dunphy were adjourned to November due to the withdrawal of services action. The cases included drugs offences, possession of child sex abuse material, fraud relating to an elderly victim and burglary.
Barristers in five of the cases listed for sentence before Judge Martin Nolan told the court they were not instructed due to the continuing action. These cases, which included prosecutions for money laundering, fraud and criminal damage as well three defendants up on serious drug dealing offences, were all adjourned to November.
A number of defendants who were listed for arraignment told Judge Nolan that their solicitor was not there to represent them due to the “strike”. In most of these Judge Nolan set a trial date in late 2027 but told the accused they would “not suffer” if they were to subsequently decide to plea guilty before their trial.
Trials which were listed before Judge Patricia Ryan were also adjourned, when defence barristers indicated that they were neither attended nor had instructions, including two cases which involved dangerous driving causing death and careless driving causing death.
Judge Ryan adjourned these cases for mention to later this month. She noted that these cases relate to incidents that occurred in November 2022 and August 2023 and said these trials must get on.