'We are not a rubber stamp': court remains unsatisfied with McGovern's legal aid application

Ryan Dunne

The Special Criminal Court has said it is still not satisfied with documentation provided by Sean McGovern, who has applied for legal aid after being charged with murder and directing a criminal organisation.

“We’ve gone from receiving scant information to now even less,” said Ms Justice Karen O’Connor on Monday, adding that the court was obliged to exercise due diligence in the use of taxpayers’ money.

Ms Justice O’Connor said that the court was entitled to make inquiries, as the information received so far was “scant, to say the very least”.

She said the court had been told that McGovern had been living abroad, and the matter has been adjourned on a number of occasions.

"Instructions have not been received at a satisfactory level for this court, which is no reflection on the solicitors, but we are not a rubber stamp,” she said.

Counsel for McGovern, Seán Guerin SC, said that the legal team was meant to travel to Portlaoise this week to take instructions from McGovern, but they cannot do so without legal aid being assigned.

Ms Justice O’Connor replied that the court had made its position very clear, again ordering that instructions be taken from McGovern on his application for free legal aid.

Mr Guerin said that the necessary legal aid form had been completed by the applicant, with the court previously saying that two issues had to be dealt with. Counsel said that these issues had now been addressed.

However, Ms Justice O’Connor said that the court was still not satisfied about McGovern’s application, so further instructions had to be taken.

The matter was adjourned to November 24th next.

McGovern (39), with a previous address at Kildare Road, Crumlin, Dublin 12 is charged with the murder of Noel Kirwan on December 22nd, 2016, at St Ronan's Drive, Clondalkin in Dublin.

Further offences with which McGovern is charged include directing the activities of a criminal organisation in connection with the same murder between October 20th 2016 and December 22nd, 2016.

He is also charged with directing the activities of a criminal organisation in connection with the surveillance of James Gately in preparation for the commission of an indictable offence between October 17th, 2015 and April 6th, 2017.

Another charge alleges that between October 20th and December 22nd, 2016, he contributed to or participated in activity intending or being reckless as to whether such activity would facilitate a criminal organisation in the murder of Mr Kirwan.

He faces a similar charge of facilitating a criminal organisation in a conspiracy to murder James Gately.

He was previously extradited from the United Arab Emirates to face the charges, but in June, lawyers for McGovern raised a concern about the legality of his return to Ireland.