Judge tells Law Society to find solicitor for unrepresented remand prisoner

Tom Tuite

A judge has called on the Law Society to find legal representation for a remand prisoner, affected by solicitors' industrial action, after his knife affray case was upgraded to a more serious level.

Since the start of July, criminal defence solicitors have been engaged in a dispute with the Minister for Justice over the introduction of payment reforms for legal aid cases in the District Court.

It replaced the previous rates per appearance with a flat fee of €520 for each case.

Their industrial action has led to a widespread disruption of cases.

At Cloverhill District Court on Tuesday, Judge Alan Mitchell commented that striking doctors or nurses always have strike cover available.

He added that the people most prejudiced at present are in custody and prevented from making a bail application.

He said that when he was in practice, the Law Society, the regulatory body for the solicitors' profession in Ireland, could nominate a solicitor to act for a defendant if they could not secure representation.

Afghan national Nasim Sulemankhil (27), who is of no fixed address, was originally charged with unlawful possession of a knife following an incident at Cathal Brugha Street on April 24th.

He was refused bail the following day when he had been represented under the former legal aid scheme.

His case was sent to Cloverhill District Court, described by Judge Mitchell as the "busiest custody court in the country".

The original allegation has now been superseded with charges of affray and production of a flick-knife at Railway Street.

The Director of Public Prosecutions has deemed it too serious to stay in the District Court, meaning he will be tried in the Circuit Court, with wider sentencing powers.

However, since the new charges came under the new payment scheme, he no longer has a solicitor to act for him.

With the assistance of a Pashtun interpreter, he told Judge Mitchell that his cousin had contacted a solicitor who advised that they would not act in the District Court but would represent the man if he goes before the High Court.

It was not specified if that referred to appealing bail or an "Article 40" action challenging the lawfulness of his detention.

Judge Mitchell authorised that a letter be sent to the Law Society to nominate a solicitor for the accused.

Sulemankhil remains in custody, but wishes to reapply for bail. The court heard that he had lived in Ireland for three years and is regarded by gardaí as a flight risk.

The case resumes on Friday.

An earlier bail hearing was told that the accused was arrested after a stand-off with armed gardaí.

It was stated to gardaí that the accused had been involved in an incident before being chased to the doorway of a shop.

Some members of the public intervened by attacking him with umbrellas and throwing objects at him, the court heard.

The accused maintained he had tried to defend himself.