Gardaí made 40 calls to solicitors in Portlaoise murder case
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A 72-YEAR-old man was brought before Portlaoise District Court on Tuesday 7 July charged with the murder of his wife.
Eugen Constantin, Church Street, Portlaoise is charged with the murder of his wife Adina Raluca Constantin (50) at their home at 25 Church Street, Portlaoise on Sunday 5 July.
Det Garda Sgt Mark O’Connell from the Detective Unit in Portlaoise said that when charged and cautioned, the defendant replied: “Yes, I understand.” Defending solicitor Philip Meagher said that the services of a Romanian interpreter had been engaged in the case.
He said that due to the nature of the charge, he could not apply to the district court for bail but would make one to the high court in due course.
Judge Andrew Cody remanded Mr Constantin in custody to Cloverhill Prison until the 17 July sitting of the court to appear via video link.
Mr Meagher said that Mr Constantin is a private client “and is not affected by the situation that the court would be aware of (ongoing dispute between solicitors and the Department of Justice over reforms of the free legal aid scheme).
He said that his client is being treated for cancer and other medical conditions and asked that his medical prescription travel with him to Cloverhill and that he obtains an immediate medical assessment on arrival at the prison as “he’s been in custody for the past 48 hours.” Judge Cody then enquired from Det O’Connell that during Mr Constantin’s 48 hours in custody “did he have access to a solicitor?” Det O’Connell said that numerous attempts were made to contact solicitors, both criminal and civil practitioners, and that none were available or could not have phone consultations with the defendant.
Judge Cody asked: “How many phone calls were made,” to which Det O’Connell replied: “Roughly upwards of 40 phone calls” and “not one solicitor attended the garda station?” asked the judge.
Judge Cody then went on to quote directly from a statement issued by the Law Society of Ireland on 20 October last year and urged the society and solicitors to “rise above shameless hypocrisy.” Judge Cody said: “This is a man whom I’m told is receiving treatment for cancer. He’s in his 70s and is charged with the most serious crime on our statute book. I think it is worth mentioning that statement.”
Reading directly from the statement entitled On equal access to legal representation, Judge Cody said it read that: “Every person, regardless of their background or the nature of their case, is entitled to competent and fair legal representation.
“This principle is fundamental to a just society and is enshrined in Ireland’s legal system.
“In a society founded on respect for the rule of law, solicitors fulfil a special role in the administration of justice and as officers of the court. Solicitors have a duty to provide legal advice and services and act in the best interests of their clients, independently and without regard to personal opinions and external influences.
“Solicitors cannot discriminate in favour or against any person on the grounds of race, colour, nationality, sex, language, religion, political or other opinion, national or social origin, property, birth, economic or other status.
“These principles are provided for by the United Nations Basic Principles on the Role of Lawyers, in the Council of Europe Convention for the Protection of the Profession of Lawyer and in the Law Society’s Solicitors’ Guide to Professional Conduct.
“For public trust in the legal system to continue, everyone in Ireland must have effective and equal access to legal representation. Access to justice, which is fundamental to a functioning democracy, must be protected.”
Judge Cody said: “That’s the statement from the Law Society just nine months ago. In my view, the refusal of several solicitors following 40 phone calls to attend a garda station when requested by a detained suspect can be argued to undermine the fundamental safeguarding of the criminal justice system. Namely the accused person’s right to effective legal aid assistance.”
He said: “A suspect is at their most vulnerable when being questioned by gardaí and may not fully understand their legal rights or consequences in their answers. This is glaring obvious to somebody whose first language is not English, a gentleman in his 70s and is suffering from cancer.
“The failure of the solicitors’ profession, supported, unfortunately, by the Law Society, to effectively guarantee his fundamental rights is, in my view, disgraceful. The solicitor’s profession and the Law Society need to immediately and fundamentally review their position if their statement on 20 October last year is to rise above shameless hypocrisy.”
