‘Morally wrong to blame all lawyers for delays’ – says Kildare judge

A JUDGE commended a defendant’s legal knowledge before using his case as an example that “75 per cent of the adjournments in this court” were the fault of the state, and not solicitors protesting legal aid changes, as is being widely suggested.

Appearing before judge Desmond Zaidan on the videolink in Naas District Court was Shane Mulligan (34), from Ballinakill, Enfield who has been in custody since his arrest for an alleged assault at Tagadoo, Maynooth on 1 June.

However, when the judge asked state representative Sergeant Mary Meade if this case could be dealt with today (2 July) she replied that she did not yet have directions and “the file is with the DPP”.

“To be fair to the prosecuting garda, he knows it’s due in court,” she tried, as she sought an adjournment to a later date.

Frustrated, Mr Mulligan asked: “can you mark it pre-emptory?” (meaning no further adjournments).

“If I had two weeks (adjournment) I’d mark it pre-emptory,” said the sergeant.

“You’ve had six weeks already,” remarked Mr Mulligan.

“I’m on remand on these (charges) and it’s affecting my recovery. Can’t you mark it pre-emptory?” he asked again.

“In fairness, Mr Mulligan, there are solicitors in Cork resigning now, maybe you should throw your hat in the ring?” offered the judge, which got a chuckle from the defendant.

“To be fair, though he has a bit of a point,” said the judge to the sergeant.

“I can’t speak for other courts, but 75 per cent of all adjournments in my court – failing to get (DPP’s) directions, garda not in court, waiting nine months for forensic analysis in a drug case they’re all state failures. It is what it is,” he said.

“The other one that stares at me, the state initiate (proceedings) by charge sheet, put it back for disclosure or directions, then the state seeks a further adjournment to add a summons, so the defendant is being prosecuted by two systems,” he pointed out.

“There's a central computer that serves summonses, not to suit the court lists, just spits them out. It’s just not right,” he shook his head.

“So, you can’t paint all solicitors with that brush … there’s arguments on both sides, but it is morally wrong to blame all lawyers for delays,” he said.

“Since I’ve become a judge, the dogs in the streets know that Fixed Penalty Notices were received in the post, but I still get people coming in saying they’ve never received it.

“Now, 20 years on, what has the state done about that?

“Nothing! Let the district court judge deal with it, is the State’s attitude.

“This is another state’s failing that’s raised time and time again.

“Now, I can accept that some are genuine, but those are at the very low end.

“Seriously, I could write a book about state failings in the court system.

“Address this failing, but don’t ask me to look for the needle in the haystack to decide which of these is true.

“So, to move the (court) list, I will no longer issue bench warrants in this court, I will just deal with it in their absence,” he said, before grudgingly granting the state a further adjournment of one week, which Mr Mulligan must serve on remand.

“We have no choice. I have to do it,” he said on the screen.

“Next Thursday (9 July),” said the judge.

“Can I be on Videolink?” asked Mr Mulligan.

“Yes”.

“Much appreciated, judge,” said the defendant raising from his chair, and returning to his cell for at least one more week in detention.