Backlog of cases due to dispute ‘appalling’ - Judge

COURT

A Circuit Court judge has described the backlog of cases in Galway arising from the ongoing legal aid dispute as “appalling” and “disastrous”.

Judge Brian O’Callaghan told Galway Circuit Court yesterday (Tuesday) that he hoped the legal dispute would be resolved before the end of October when three sentencing hearings are scheduled.

Judge O’Callaghan said it took 18 months to clear the backlog of Galway Circuit Court cases generated during the stoppages in 2020 due to the Covid-19 Pandemic.

But he warned that during Covid, the level of crime committed had fallen. This was not the case now, crime was continuing to be committed but the courts are not operating as normal, he said.

This could result in even lengthier delays for cases going to trial, the judge warned.

There were audible gasps among the public gallery when Judge O’Callaghan said it would take “at least three years, if not four years” from the date of offences to the trial date in new cases.

Lack of court rooms

Judge O’Callaghan also referred to “facilities” hampering efforts to clear the backlog – it is understood this was reference to lack of court rooms at Galway Courthouse to hold extra hearings.

On Tuesday, around 150 cases were listed in Galway Circuit Court to fix dates for hearing.

Most cases were fixed for 2027, but Judge O’Callaghan warned that if the dispute persists hearings will be heard in 2028 and even 2029.

He said hearings in this term of the Circuit Court had already been deferred, and District Court cases – where the solicitors’ dispute was ongoing – are not being referred onwards.

New system

Criminal defence solicitors in County Galway, and other parts of Ireland, have withdrawn their services from the legal aid system due to a new revised payment structure introduced by Justice Minister Jim O’Callaghan on July 1.

The new system provides a flat fee of €520 for solicitors regardless of the number of appearances or charges per client.

Judge O’Callaghan said he hoped talks would result in a resolution to the dispute and resumption of the proceedings ahead of sentencing hearings at Galway Circuit Court at the end of October.

Funded by the Courts Reporting Scheme.