A judge has described the impact of the criminal legal aid row as a “mess’ after being forced to adjourn two sex abuse trials where one accused had flown in from the US and a second where two complainants had travelled from Canada.
At Ennis Circuit Court, Judge Francis Comerford made his comment after adjourning trial dates for the two cases into the Autumn due to no legal representation in each case over the solicitors’ row with the Dept of Justice over a new flat rate fee of €520 for district court cases.
In one case, a 57 year old Co Clare man charged with the indecent assault of a sister 41 years ago had flown in from the US this week face trial.
In the second case where a 91-year old Co Clare man is facing indecent assault charges against two females from more than half a century ago the two complainants had flown in from Canada to Ennis this week for the trial.
Judge Comerford first adjourned the two cases from Tuesday into today, Thursday in case there was a development in the criminal legal aid dispute that would allow the trials to proceed.
Judge Comerford said that he doesn’t see any sign of a resolution to the dispute “other than the impasse continuing in the short term” and adjourned both cases to July 31st to fix a date for trial later in the year.
On the case concerning the 57 year old Co Clare man charged with the indecent assault of his sister, Judge Comerford said: “I just don’t see the reality of this case being dealt with in these sessions and I will put it back to the call-over. It is really unfortunate.”
The accused in the case was first brought before the district court in 2025 on the charges after he was arrested when returning home to Ireland from the US for a family funeral. The complaint in the case dates back to 2013.
The man is facing six counts of alleged indecent assault of the female in 1984 and 1985 at a location in Co Clare.
The accused was aged 16 to 17 and the complainant aged 7 to 8 at the time of the alleged offences in 1984 and 1985.
In the separate case of the 91 year old accused – who was at Ennis Courthouse today – he faces eight separate charges concerning the alleged indecent assaults of two females in Co Clare at the same address between 1973 and 1975.
At the time of the alleged offences, the accused – now disabled – was aged between 39 and 40.
Judge Comerford adjourned both cases to July 31st to fix a date for the trials in the Autumn.
Counsel for the DPP, Ms Sarah Jane Comerford (instructed by State Solicitor for Clare, Aisling Casey) said that both cases should be given priority over the first two weeks of the court sessions.
