“We’ve gone from receiving scant information to now even less,” said Ms Justice Karen O’Connor today, 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”.
Sean McGovern.
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 24 next.
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Noel ‘Duck Egg’ Kirwan beside Gerard Hutch
McGovern (39), with a previous address at Kildare Road, Crumlin, Dublin 12 is charged with the murder of Noel Kirwan on December 22, 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 20 2016 and December 22, 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 17, 2015 and April 6, 2017.
James ‘Mago’ Gately
Another charge alleges that between October 20 and December 22, 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.