This article is from page 12 of the 2009-09-22 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 12 JPG
A JUDGE has been asked to dis- qualify himself from hearing a pub- lic order case, after reference was made to a defendant’s record, prior to the hearing of the case.
At Kilrush District Court, solicitor Eugene O’ Kelly applied for free legal aid for his client, who was charged with two offences under the Public Order Act.
Judge Joseph Mangan asked what the allegations were. Superintend- ent Michael Comyns, prosecuting, said it would be alleged that the ac- cused urinated against the door of a premises and was very intoxicated.
The judge then asked, “Are there any particular exceptional circum-
stances in the case that I should know about?”
Supt Comyns said there weren’t. The judge then asked was the de- fendant at risk (of going to prison). Supt Comyns replied, “He would be. He has a number of previous.”
Mr O’Kelly then said, “The court has been told this man has a number of previous convictions, before hear- ing of the case. I must ask the court to stand aside and another judge hear this case.”
Judge Mangan then granted free legal aid and adjourned the case for hearing at a later date.
Mr O’Kelly asked, “Are you dis- qualifying yourself from the case, Judge?” to which Judge Mangan re- plied, “Yes.”