A leading criminal defence solicitor has hit out at what he called a “disgraceful” delay in a case.
Mr Patsy Gallagher was speaking at Letterkenny District Court, where his client, Dean Beattie, appeared.
Mr Gallagher’s comments come at a time when criminal legal aid solicitors across the country are engaged in industrial action over changes to the legal aid system
As Beattie, a 33-year-old, of Glenvale Road in Derry, is in custody his matter is not affected by the solicitors’ withdrawal of services.
Under a new system, which came into being last week, criminal legal aid solicitors are to be paid a flat rate fee of €520. Under the old system, solicitors in the District Court were paid €239.38 for each accused’s first appearance and €59.86 on each subsequent appearance
Beattie was brought to Letterkenny District Court from Castlerea Prison, where he has been in custody for 11 weeks.
Garda Sergeant Oliver Devaney told Judge Emile Daly that the investigation file was submitted on June 26 and arrived at the DPP’s office on July 1. He sought a further adjournment of the case.
Sergeant Devaney said he was “very hopeful that a direction is imminent” and said it was “regrettable” that it took so long.
“There was a lot of paperwork and it was a slightly prolonged investigation,” he said.
Mr Gallagher blasted the delay as “a disgrace”.
“I think it is absolutely disgraceful that the State comes into court and says this after all the media publicity that we have had, saying that we are galling the system, looking for adjournments and costing the State money,” Mr Gallagher said.
“The Minister has said that defence solicitors are taking a hand at the State. Yet, here we have a matter that has been in since April 18 and the State only sent the file on June 29, even during the industrial action by the low-lying solicitors.
“There has been a lot of adverse media coverage of defence solicitors for delays. This Is a classic case here. I asked for it to be made peremptory against the State the last time it was here and you (Judge Daly) said you would give the State a chance to get their ducks in a row.”
The Justice Minister, Jim O’Callaghan, recently said that the criminal legal aid system was open to abuse and led to unnecessary adjournments.
“What I don’t want to see is what is happening at present where you have a series of ongoing adjournments with the case not being determined promptly,” he said. “I regret to say, as well, there are very clear abuses going on in the system, and I would not be performing my function as minister for justice if I didn’t seek to confront that.”
Mr Gallagher stressed that the delay was not the fault of Sergeant Devaney, the court presenter, and asked that the case be put into next Monday, July 13, and asked for it to be marked peremptory against the State.
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Judge Daly asked whether directions would be available within a week and Sergeant Devaney asked for a longer adjournment to the end of July.
Judge Daly noted that the matter has previously been adjourned six times since April and was put back for directions.
“Any arguments about three or four remand dates, this is six dates and we haven’t got directions,” Judge Daly said.
The judge added: “It is not complex. I don’t really understand that. This is a classic example for how things can go wrong and it has nothing to do with criminal defence. This is the seventh adjournment now and I have had no good example as to why there hasn’t been progress.
Judge Daly adjourned the case to July 13 and said it would be “as close to peremptory as I can get”.
Beattie was remanded in custody to appear via video link to the next court.
Beattie has been in custody since his arrest on April 18 and has been charged with a series of offences relating to an incident at Mannerstown Crossroads, Bunnamayne, Bridgend, Co Donegal.
The defendant was arrested after being pursued by Gardai when he turned away from a checkpoint in the Bridgend area.
A quantity of illegal drugs and cash were seized in the operation and Beattie was also charged with offences including dangerous driving and drug-driving.
Beattie was charged that he had unlawfully in his possession a controlled drug, namely cannabis, contrary to section 27 (1) of the Misuse of Drugs Act 1977, as substituted by section 6 of the Misuse of Drugs Act 1984.
Beattie was also charged with dangerous driving, contrary to section 53 (1) of the Road Traffic Act 1961, as substituted by section 4 of the Road Traffic (No.2) Act, 2011.
The defendant was also charged with driving while under the influence of an intoxicant, a charge contrary to section 4 (1) and (5) of the Road Traffic Act 2010. Beattie was also charged with driving without insurance and driving without a license.
Last month, a court heard that some reports connected to the case were still outstanding, including one from Forensic Science Ireland.
At that point, Beattie addressed the court and asked if his matter could be dealt with.
On that occasion, having been informed that the matter was a “priority case with FSI”, Judge Daly told the Gardai that she expected progress to be made.