This article is from page 19 of the 2008-01-29 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 19 JPG
A WEST Clare solicitor has said a decision by a judge to forfeit a de- fendant’s bail should be challenged in the High Court.
The comment was made in the case of a 19-year-old Limerick man charged in connection with a road traffic accident in Kilkee on June 30, 2007.
When the case was called at Kilkee
District Court last Tuesday, solicitor Gearoid Williams said he was acting as agent for Limerick solicitor Ted McCarthy who could not attend as he was in Limerick Circuit Court at the same time. He sought an adjourn- ment.
Judge Joseph Mangan remarked, “This is the fourth adjournment. Does Mr McCarthy have any assist- “0 wae
Mr Williams said he did not know,
adding that Mr McCarthy is “nor- mally very organised”.
The judge told him the case was preemptory against the defendant, who was not in court.
He said he was forfeiting the bail and issued a bench warrant for the arrest of the accused.
The solicitor pointed out that the accused had been in court on every other occasion and had contacted the gardai last Monday – the day before
the court sitting.
Mr Williams said, “I think that matter should be challenged in the High Court.
“If I (accused) am not here and you are forfeiting the bail, you are not giving me the opportunity to say why I’m not here. Failure to appear could be caused by anything.”
Judge Mangan replied, “That’s a very interesting argument. The High Court might be interested in hearing
it.”
Mr Williams said it was “Mr Mc- Carthy’s call.”
“If you are up for having no light on your bike, would you take the same view if the court fined you in your absence?” asked the judge.
The solicitor replied, “The question of forfeiture of your bail does not arise unless an application is made.”
Judge Mangan said, “It’s for the Four Courts.”