Judge slams ‘shameless hypocrisy’ over Laois murder accused unable to access solicitor
Laois murder accused unable to access legal representation in Garda custody
A judge hit out at what he called ‘shameless hypocrisy’ after hearing a murder accused was unable to access legal representation while in garda custody after his arrest in Laois on Sunday.
Judge Andrew Cody made the comments on Tuesday when Eugen Constantin (72) of 25 Church Street, Portlaoise, appeared before Portlaoise District Court accused of murdering Adina Raluca Constantin in Portlaoise on Sunday, July 5.
Solicitors in Laois and across many parts of the country have withdrawn their services in dispute over legal aid after a flat fee was introduced by the Department of Justice on July 1.
Judge Cody asked Detective Sgt Mark O’Connell if the accused, who was arrested on Sunday afternoon, had access to legal representation while in custody.
Det O’Connell said Gardaí were unable to secure representation for the accused either for interview or phone consultation.
He said the Gardaí had a list of solicitors from the Law Society and “we started with the criminal and moved to the civil” but were unable to secure representation.
Det O'Connell said they had made upwards of 40 phone calls requesting legal representation but were unable to secure anyone.
“Not one solicitor attended?” asked Judge Cody. Det O’Connell told him that no solicitor had agreed to represent the man.
Judge Cody said the Law Society had issued a statement nine months ago in relation to the right of access to legal representation.
He said the defendant was in his 70s, suffering from cancer, who didn’t speak English as a first language who was “charged with the most serious crime in the statute book” but no one would represent him. He read the statement which was issued by the law society last October.
It states that: Every person, regardless of their background or the nature of their case, is entitled to competent and fair legal representation.
This principle is fundamental to a just society and is enshrined in Ireland's legal system.
In a society founded on respect for the rule of law, solicitors fulfil a special role in the administration of justice and as officers of the court. Solicitors have a duty to provide legal advice and services, and act in the best interests of their clients, independently and without regard to personal opinions and external influences.
Solicitors cannot discriminate in favour or against any person on the grounds of race, colour, nationality, sex, language, religion, political or other opinion, national or social origin, property, birth, economic or other status.
These principles are provided for by the United Nations Basic Principles on the Role of Lawyers, in the Council of Europe Convention for the Protection of the Profession of Lawyer, and in the Law Society’s Solicitors’ Guide to Professional Conduct.
For public trust in the legal system to continue, everyone in Ireland must have effective and equal access to legal representation. Access to justice, which is fundamental to a functioning democracy, must be protected.
Judge Cody said people who are being questioned by Gardaí are often at their most vulnerable. He said it was his opinion that the failure of solicitors to provide representation to the accused was “in my view disgraceful” and he believed the Law Society need to review their position as the statement highlighted “shameless hypocrisy” by the society.
Solicitor Philip Meagher said he was representing the accused at the sitting of Portlaoise District Court in a private capacity.
Judge Cody, who remanded the defendant in custody for a week, said his comments were not directed at Mr Meagher, who he said had stepped up to the plate and assisted the accused man.