Judge ‘coerced’ into adjourning six rape and sexual offences trials as solicitors withdraw

A senior judge was “coerced” into adjourning six rape and sexual offence trials involving accused people on bail on Monday as the dispute over the new legal aid payment model was intensified by solicitors.

Many defence solicitors, particularly in Dublin, withdrew legal aid services after a new flat fee system for District Court cases was introduced in July.

This has led to the adjournment of thousands of criminal cases across all court divisions, adding to existing backlogs. The dispute ramped up on Monday with the withdrawal of services expanding to almost all cases.

Judge Paul McDermott at the Central Criminal Court said the withdrawal meant he had been “obliged” or “coerced” into adjourning six out of 13 such cases before him on Monday.

Those cases were listed for trial but, had he forced the trials on, defendants may have been forced to conduct their own defences and possibly cross-examine vulnerable complainants, he said.

[ Jim O’Callaghan insists he will not go back on new legal aid rules as dispute ramps upOpens in new window ]

The six trials were adjourned to October 27th, when new trial dates will be assigned.

McDermott also said criminal defence solicitors withdrawing services in protest at a new legal aid payment model need court permission to cease representing accused people in custody. A solicitor “cannot unilaterally withdraw”, he said.

McDermott, who manages the Central Criminal Court’s list of serious crime cases, said, when dealing with one case dating from 2020, the court had “limited options” when a solicitor withdraws from a case.

He has said “on numerous occasions how regrettable this is”, and added: “Cases like this with a very long history need to get on.”

Noting the “obvious suffering” this inflicted on those involved, he said he was “obliged/coerced” to adjourn the cases, and apologised to complainants.

Defence solicitors were conspicuous by their absence from the Criminal Courts of Justice on Monday and their withdrawal – replicated in various other courts around the country – resulted in adjournments in the central, circuit and district courts.

Courts Service sources said the adjournments were compounding existing backlogs but the real impact would only become obvious later this year and next year.

The withdrawal began in mid-June but intensified when the new payment model was introduced on July 1st.

[ Judge again urges O’Callaghan and solicitors to resolve legal aid case between themOpens in new window ]

Court presidents were told, in a letter on Friday, the withdrawal was being escalated to virtually all cases, including custody cases and cases involving children, due to the Minister for Justice Jim O’Callaghan’s failure to engage in “meaningful” discussions.

The new payment model provides for one flat fee of €520, based on an average five court appearances, irrespective of the number of charges and court appearances.

O’Callaghan said it would achieve necessary reforms and cost savings but solicitors have said it would result in them not being paid for their work in more complex cases, including those involving children and people with addiction and mental health issues.

They said two “narrow” issues, aimed at ensuring they would be paid for their work in more complex cases, separated the sides.

Separately, the work-to-rule action by public sector employees in the Courts Service continues to adversely impact the courts.

The action means, where registrars and other court staff have retired, are ill or on holiday leave, other court staff will not take their place.

Sources said the action has had a particularly serious impact on the Dolphin House family court complex in Dublin.

Just two or three out of the five courts in the complex have been sitting since the work to rule began two weeks ago, causing adjournments of multiple domestic violence, guardianship, maintenance and custody hearings.