Jim O’Callaghan questions why six rape cases were adjourned in legal aid dispute

Irish Justice Minister Jim O’Callaghan plans to tell an Oireachtas committee on 20 October that six cases involving rape allegations were adjourned at Dublin’s Central Criminal Court on 19 October because solicitors withdrew services in a legal aid dispute. He says the public deserves an explanation for why those cases were affected; a defence solicitor disputes the suggestion that they were singled out.

Why the six Dublin cases were adjourned

According to O’Callaghan’s planned statement, all six cases adjourned because of the withdrawal involved allegations of rape. He intends to tell the Oireachtas Justice Committee of his deep concern that these were the only cases ‘deliberately affected’ by the withdrawal at the court that day. That description reflects the minister’s view of the adjournments, rather than an established finding about solicitors’ intent.

The minister’s account says five Central Criminal Court trials continued in Dublin, while cases listed in Waterford and Limerick were unaffected. Of 12 new trials listed in Dublin, juries were sworn in for two, with those trials due to start on 20 October; one case ended in a guilty plea. Three other trials were adjourned for reasons unrelated to the withdrawal, he said.

The legal aid dispute and the next step

The dispute followed the introduction in July of a flat fee system for legal aid work in District Court cases. The Irish Times reported that many defence solicitors, particularly in Dublin, withdrew legal aid services, and that the action expanded on 19 October to custody and children’s cases. O’Callaghan maintains that courts continue to grant legal aid and that defendants continue to receive representation across the country, while acknowledging disruption to hearings in Dublin.

O’Callaghan is due before the justice committee on 20 October. He says he will continue talks with the Law Society and consider changes to the scheme, but will not revoke the regulations. Committee chairman Matt Carthy has called the escalation avoidable and criticised the minister’s efforts to resolve the dispute. The minister says he has engaged with the Law Society and will do so again.