This article is from page 10 of the 2014-02-25 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 10 JPG
A DISTRICT Court judge has criticised “some solicitors in Ennis” for abusing the legal aid system.
Judge Patrick Durcan made the statement when Ennis solicitor Tara Godfrey failed to appear at Kilrush District Court on Tuesday, to defend a client who was on free legal aid.
Ms Godfrey, a sole practitioner, was in Ennis Court House on that morning, where the circuit court was sitting.
At the beginning of the Kilrush hearings Kilrush solicitor Michael Ryan told the judge the Ennis solicitor was on her way and the case was put to the end of the list of hearings.
Just after 12.30pm the case was called again, but Ms Godfrey was not in attendance.
Mr Ryan said he had just spoken to her and she was leaving Ennis. Judge Durcan said that the hearings in Kilrush were finished for the day and criticised what he believed were “some solicitors abuse” of the legal aid system. “The inspector is here, the witnesses are here and the person who is in receipt of the free legal aid is here. If people have too many balls in the air they should pass some of those balls on,” he said.
He remanded the case to Ennis court the following day stating he wanted an explanation as to why the solicitor who was assigned under the free legal aid scheme was not in court. The judge then told the senior law practitioner in the court, Gearoid Williams, that he wanted the issue brought to the attention of the Clare chair of the Law Society.
He asked him to express his “complete disquiet at the total abuse of the free legal aid system”.
Mr Williams said Ms Godfrey did intend to be at the Kilrush court and was sure she meant no disrespect.
“It does appear to be abuse of the free legal aid system. This is a total abuse and our country cannot afford this,” said Judge Durcan.
He added some solicitors in Ennis were behaving like this but said he had not any issues with the solicitors that come before his in Kilrush Court.
At Ennis District Court on Wednesday, Ms Godfrey said she “apologized unreservedly” for what happened in Kilrush on Tuesday. She told the court she had been out of the office on Thursday and Friday and was unaware she had a conflict between the district court and circuit court.
Ms Godfrey said had she known, she would have passed the case to a colleague in Kilrush. “I apologise unreservedly….I can say it will not happen again,” she added.
Judge Durcan said he accepted Ms Godfrey’s apology. He said he raised the issue because gardaí, clients and the court services were discommoded.
“I felt that the public were let down by what happened,” he added.