Judge criticises 'inappropriate' withdrawal of representation for murder conspirator
Eoin Reynolds
A judge has criticised as 'inappropriate' a decision by striking solicitors to withdraw from a case in which a man who pleaded guilty to conspiracy to murder was due to have his sentencing hearing on Friday.
Judge Paul McDermott made the remark after hearing that Jason Dunne (35) was not represented in court due to the ongoing dispute over legal aid fees.
Dunne, of Cedarbrook Place, Ballyfermot, pleaded guilty to conspiring to murder Thomas McDonnell between November 28 and December 3rd 2021, at Cookstown Cottages in Tallaght.
Judge McDermott said the practice used to be that when a solicitor wished to come off record, they would apply to the court for permission to do so.
That did not happen in Dunne's case and in several other cases that came before Judge McDermott at the Central Criminal Court today.
In Dunne's case, the judge said he could not continue with the sentencing hearing in the absence of legal representation. He said the court does not approve of the "lack of uniformity" among solicitors who have applied a different criteria in different parts of the country in respect of which cases they are willing to provide their services.
While Judge McDermott said he was left with no alternative but to adjourn Dunne's case "for the moment", he said the court could not be "kept in abeyance long term".
He said he believes there is a difference between trials that have commenced and others where no legal services have been offered. "To turn around in the middle of a case and say they are not continuing further, it seems to me, is inappropriate," he said.
Judge McDermott said there should be "some reflection" by legal representatives and suggested they consider their duty to comply with instructions under legal aid unless there are "reasonable grounds to refuse to act under those instructions".
He said solicitors taking industrial action should draw a distinction between cases that have progressed to trial and those which have not.
Earlier today, several barristers indicated that they no longer have instructions in relation to trials that were due to begin on Monday.
Judge McDermott agreed to adjourn those trials, but warned that the impasse is causing distress to those who come to court expecting matters to proceed.
At some point, he said, a decision will have to be made to convene a trial and "get on with it".
He said complainants and the families of the bereaved cannot be left in a position where trials are not getting on due to a lack of legal representation.
