*Photograph: John Mangan
Two separate trials in Ennis involving one accused who had flown in from the United States and a second where two complainants had travelled from Canada had to be adjourned on Tuesday due to the solicitors’ dispute concerning the new flat rate fee for District Court work.
At Ennis Circuit Court on Tuesday, a trial of a 57 year old Co Clare man charged with the indecent assault of a sister 41 years ago had to be adjourned as the man had no solicitor representing him.
The case was listed as the first case to proceed as the man had travelled from the United States to face trial.
Counsel for the State, Sarah Jane Comerford BL (instructed by State Solicitor for Clare, Aisling Casey) said that the State was anxious that the case would proceed in the current sessions as the complaint goes back to 2013.
The accused was first brought before the District Court in January 2025 on the charges. 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.
Counsel for the accused, Cian Kelly BL told the court that he had no instructions from the solicitor in the case and was not in a position to proceed.
Ms Comerford asked that the case be adjourned to July 21st.
Mr Kelly said that the logistics of his client coming to and from to court from the United States “are time consuming and extremely expensive, above and beyond the norm”.
Mr Kelly asked was there any likelihood in the trial starting on July 21st given the current impasse in the solicitors’ dispute.
Judge Francis Comerford said that he would adjourn the case to this Thursday.
He said that in reality if the impasse involving the solicitors is still in place on Thursday he can see the case being adjourned into the next legal term.
In a separate case, Ms Comerford said that she would be applying for an adjournment in a trial listed where a 91 year old Co Clare man is facing indecent assault charges against two females from more than half a century ago.
Ms Comerford said that the trial was not able to proceed due to the solicitors’ withdrawal of service.
Ms Comerford said the two complainants in the case have travelled from Canada for the trial this week.
Ms Comerford said that the accused “is quite an elderly man”.
In the case, the man 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 was aged between 39 and 40.
In one charge, the disabled man, who turns 92 later this year and was present at Ennis Courthouse is charged with the indecent assault of a female at a location in East Clare on dates between July 1st 1973 and September 1973 contrary to Common Law and Section 6 of the Criminal Law (Amendment) Act 1935.
The man faced five more charges of indecent assault against the same female on dates between October 1st 1973 and January 31st 1975 at his Co Clare home.
The man also faces a charge of indecency assaulting a second female on dates between July 1st 1973 and October 31st 1974 at his Clare home.
Judge Comerford said that he would also adjourn the case into this Thursday.
