Judge opens inquiries into alleged unlawful detention of men due to legal aid dispute
Detailed written evidence and legal submissions had been put forward by both counsel in a marathon nine-hour sitting
High Court judge Justice Denise Brett opened Article 40 inquiries into the alleged unlawful detention of seven men who had been denied bail or failed to receive fair hearings in the District Court without legal representation. Two of the cases, involving Justice Michael Twomey's recent refusals of Article 40 relief, were granted on the condition that State authorities be informed to present their views on the legal issues to the court.
Detailed written evidence and legal submissions were submitted by counsel Michael O'Higgins and Coleman Fitzgerald during a nine-hour hearing. Despite Twomey's prior denials of two applicants for Article 40 applications, the law permits fresh applications before another High Court judge. Brett received conflicting judgments delivered by Twomey and Justice Rose Gearty in the past week.
Twomey dismissed several applications, citing financial disputes with the Department of Justice causing accused individuals to lack legal representation in the District Court. O'Higgins argued that not all Article 40 applications resulted in significant fees, as success was necessary to receive payment. Brett will reschedule the hearings to Monday, allowing State authorities to submit their clients' cases before the court.
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