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Jim O’Callaghan challenged over rape-case remarks as legal aid withdrawal disrupts court

A government TD disputed the justice minister’s suggestion that solicitors deliberately targeted rape cases, while a Dublin judge criticised absences in custody cases.

Exterior of the Central Criminal Court in Dublin.
File photograph of the Central Criminal Court in Dublin, taken in 2021. Central Criminal Court, Dublin — Sheila1988 (resized and converted to WebP). CC BY-SA 4.0.Image sourceImage licence: CC BY-SA 4.0
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Irish justice minister Jim O’Callaghan faced a challenge at a Justice Committee meeting on 20 October over his claim that solicitors deliberately affected rape cases during a legal aid withdrawal. The Irish Times reported that, separately that day, a Dublin judge adjourned cases involving dozens of defendants who appeared without a solicitor, extending the dispute’s impact on court users.

O’Callaghan told the committee that six rape cases had been adjourned on 19 October because of the withdrawal, according to The Irish Times. He said seven other cases that day were continuing trials and had not been affected. His suggestion that rape cases were deliberately targeted remains disputed.

Barry Ward challenges claim about rape cases

Fine Gael TD and practising barrister Barry Ward called the minister’s comments grossly unfair and said there was no evidence that solicitors had deliberately targeted rape cases, The Irish Times reported. Criminal defence solicitor Eoghan O’Sullivan also rejected the allegation, calling the remarks false and misleading, according to the newspaper. The Journal separately reported O’Sullivan’s denial and said Taoiseach Micheál Martin had backed the minister.

The exchange followed the withdrawal’s expansion on 19 October to custody and children’s cases, according to The Irish Times. The newspaper said the dispute began after O’Callaghan replaced the per-appearance fee for District Court legal aid work with a flat-fee approach in July. Solicitors’ absence from those cases has brought the fee dispute into proceedings involving defendants held in custody and children.

Custody cases adjourned at Dublin Circuit Criminal Court

At Dublin Circuit Criminal Court on 20 October, Judge Martin Nolan criticised solicitors who were not attending to represent clients in custody, The Irish Times reported. He adjourned cases involving dozens of defendants who appeared without a solicitor. The reported adjournments show a separate effect of the withdrawal beyond the rape cases at the centre of the committee dispute.

The Irish Council for Civil Liberties called for meaningful talks to resolve the dispute, according to The Irish Times. That call came as the minister’s account of the rape-case adjournments drew criticism and the wider withdrawal disrupted custody hearings.

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