Solicitor seeks witness travel expenses in Portlaoise Prison threat case

A judge told a solicitor that the defence needed to engage with the legal aid board in relation to expert witness expenses.  

The issue arose in the case of Gerard Manning(45) of 17 Upper Gerald Griffin Street, Limerick, who is accused of threatening to kill or cause serious harm at Portlaoise Prison on July 1, 2021. 

Solicitor John Cullen said he had contacted an expert witness in Britain who was willing to work on the case. He said the legal aid board had agreed to pay the witness €100 an hour for ten hours but he had been unable to secure an agreement on travel expenses. 

Judge Susan Fay asked the solicitor to show her where he had requested the expenses in an email. He handed in a bundle of papers and said “just read it”.  Judge Fay asked for the specific email and Mr Cullen replied, “you don’t want to look at it.” 

After numerous requests to the solicitor to point out the relevant content, Judge Fay slammed down the documents and took a recess. 

When she returned, Judge Fay said it was a matter for the defence to engage with the legal aid unit at the Department of Justice on the matter. She said disclosure was made almost a year earlier and it included CCTV and the case was listed for a plea or a date for mention.

Mr Cullen said “you have never criticised the legal aid board once.”  He said he had tried to “rationally negotiate” with the legal aid board but his attempts had failed.  He said the court had a duty to ensure a fair trial and he suggested . 

“What I want to do is call Mr Manning to explain,” said Mr Cullen. He said his client maintains that the CCTV comes from a different landing in the prison. 

Judge Fay said the case was not listed for hearing. 

“No, I insist on your hearing Mr Manning,” said Mr Cullen. 

Judge Fay asked if the defendant was pleading guilty or not guilty in the case. 

Mr Cullen said: “We may have to go somewhere else and I don’t want to do that.”

Judge Fay said the court had done its best to ensure a fair trial. She said she hadn’t refused anything. 

“I specifically asked you to show me an email. You have not done that,” she said.

“I have,” Mr Cullen replied. 

“Where is the email where you sent them the quote?” asked Judge Fay. 

Mr Cullen said he had explained to the board that the only matter outstanding was the travel expenses. 

Judge Fay said there was nothing more that the court could do. She asked again whether the defendant was going to plead guilty or not.

“You are refusing to indicate a plea or otherwise?” she said. 

Mr Cullen said he could call his client who would say that the landing shown in the CCTV was his prison landing. 

Garda Sergeant Jason Hughes said the DPP had directed that the case was only to stay in the district court in the event of a plea of guilty. 

Judge Fay adjourned the case back to Portlaoise District Court on November 17 for mention and listed it for hearing on July 27, 2026. She said there didn’t appear to be any quotes for travel expenses and there are matters outstanding and she urged Mr Cullen to engage with the Department of Justice. 

Mr Cullen said the Department “come up with the same sort of formulaic answers” to his requests. 

He said: “They have got a completely chaotic shambolic system in there of agreeing or not agreeing”.

He repeated that the only outstanding matter was the travel expenses.