‘Disquiet’ over contested criminal cases going on at Limerick District Court

THE Courts Service of Ireland has moved to address the concerns of some solicitors in Limerick at the decision not to adjourn all contested hearings when the current Covid-19 restrictions were introduced.

One solicitor told the Limerick Leader there was "disquiet" among colleagues that criminal cases listed for hearing had not been adjourned.

The legal practitioner said on January 6, they received correspondence that the President of the District Court, in consultation with the Chief Justice and other Court Presidents, has decided that the following measures concerning the business of the court will be implemented between January 7 and March 1

Among the measures is: “All scheduled criminal hearings listed from January 11 will be vacated and relisted for mention in March 2021 to fix new dates for hearings."

The solicitor told the Leader: “It is an order by the President of the District Court. When we read that we informed our clients affected by it that their case wouldn’t be going ahead in January or February.”

Then on Monday, January 11, an email was sent out to solicitors and other concerned parties from the Limerick Courts Office in Mulgrave Street.

It reads: “Following the President's directions last week and discussions with Judge (Marian) O'Leary today, we will not be adjourning cases listed for hearing in advance of their scheduled court date. If there are civilian witnesses unable / unwilling to attend the cases listed for hearing, those people do not have to attend court and those cases will be adjourned to a future date. If all the parties are present, then the case can proceed.”

The solicitor said there was no consultation with members of the legal profession regarding the decision. They had to go back and tell their clients that the cases are in fact going ahead.

“There is the proviso there that if civilian witnesses are unable / unwilling to attend the cases can be adjourned but the issue is an order came down from the President of the District Court - abide by the order. Why are they not abiding by that order?" said the solicitor.

They added: “It is increasing the risk of spreading and contracting Covid-19. I have spoken to guards about it and they said the whole place should be closed. There is no need for anybody to be here.”

However, in a further email, sent on January 20, legal practitioners were told that Judge Patricia Harney, who has recently been permanently assigned to the Limerick district court area, has decided  that only specified that hearings should only continue.

This includes cases where a defendant is in custody, where a plea is to be given, or where there is an urgency to the case. "The availability of witnesses will also determine if a case can proceed," states the email.

There will be a callover of listed cases each morning that the court is sitting and cases which do not meet the necesssary criteria will be adjourned.

Judge Harney has also directed that all cases listed before the scheduled 'Parking and Enforcement court' on February 9 will be adjourned en-masse without the need for defendants or solicitors to attend.