Rape complainant ‘extremely distressed’ when solicitor strike delayed trial, court hears

A rape complainant was “extremely distressed” after the legal aid dispute prevented the trial from going ahead last week, a court has heard.

The case was one of a number at the Central Criminal Court on Monday in which solicitors did not attend.

Counsel for the Director of Public Prosecutions (DPP) told Judge Paul McDermott that this case, involving an “extremely vulnerable person”, was listed for trial last week, but could not proceed due to the defending solicitor not attending.

The complainant was “extremely distressed” the case was adjourned and was asking the court to put the case back in for trial at the earliest possible date, counsel told the court.

The woman was a child when the alleged sexual offending took place more than 20 years ago.

The judge said the woman was “a casualty” of “the prolonged dispute”.

“I don’t know when this dispute is going to end,” he said. “The problem is that [the complainant] is put into this difficulty by a process outside our control.”

He said the earliest trial date he could give the case was in February. He also listed it for case management on December 4th.

“Hopefully this dispute will be over by then. Hopefully there will be a solicitor present to represent the accused.” The accused was present on bail.

Two other cases before the court to fix trial dates involved vulnerable complainants, the court heard. One involved an adult who was a child when she was allegedly raped and sexually abused.

The judge noted the case was otherwise “ready to go on”, but because of the dispute it was “another case that has to go back”.

The list before the court included 13 defendants listed for trial, comprising two for murder and 11 for rape and sexual assault.

Around half of these were not ready to proceed due to last-minute issues that often arise such as late disclosures of evidence.

The solicitor on record for one defendant facing allegations of rape and sexual assault was in attendance and a jury was empanelled for his trial.

A defending solicitor also attended an accused man who entered guilty pleas to a number of rape charges and was remanded on bail for sentence next January.

Another man in custody awaiting trial for murder was not attended by his solicitor on record. The judge said this case was a matter of some sensitivity and involved a fitness to plea.

The judge adjourned the case to the afternoon sitting when a representative from the solicitor’s office came to court. Counsel told the court the accused had not engaged with a mental health assessment.

Four cases involving sexual offending were ready to go to trial, but could not because solicitors were not in attendance.

One of these cases was a retrial involving a “particularly vulnerable complainant” who has been “steeling herself for this for quite some time”, the judge said.

At Dublin Circuit Criminal Court, all 10 sentence hearings listed before Judge Martin Nolan were adjourned, almost entirely due to the solicitors’ withdrawal of services.

These cases, involving offences of drugs, assault, affray, attempted robbery, theft, financial fraud and proceeds of crime, were adjourned to dates in December.

One case was given a date on November 9th, with the judge expressing doubt as to whether it would be able to proceed given the situation.

In the theft case listed for sentence, the judge noted the defendant had been in custody for a year. He said the defendant’s situation may be prejudiced as a result and his solicitor should be in court on the next date in early December.

Cases that were listed for mention and for arraignment were almost all adjourned to dates in December, January and February due to solicitors not being present in court.