Judge orders Law Society to find solicitor for unrepresented prisoner

Judge orders Law Society to find solicitor for unrepresented prisoner

A judge at Cloverhill District Court has authorised a letter to be sent to the Law Society to nominate a solicitor for a remand prisoner whose case has been upgraded to a more serious level.

Nasim Sulemankhil, 27, of no fixed abode, was originally before the court on a charge of possession of a knife at Cathal Brugha Street in Dublin on 24 April. He was represented under the legal aid scheme and was refused bail.

Mr Sulemankhil now faces further charges of affray and production of a flick-knife at Railway Street. The Director of Public Prosecutions has determined that the case is now serious enough to be heard before the Circuit Court. However, as the new charges come under the new legal aid payment scheme Mr Sulemankhil now has no solicitor to represent him.

Criminal defence solicitors are continuing their withdrawal of services in opposition to the “one accused, one fee” model that was introduced by justice minister Jim O’Callaghan on 1 July.

Under the new scheme solicitors will receive one fixed fee of €520 for representing a legally aided person before the District Court. Previously solicitors were paid €239.38 for a first appearance and €59.86 for each subsequent appearance.

Mr O’Callaghan has already introduced changes to the scheme allowing the payment to be split, with two thirds to be paid at the start of a case. However, the dispute remains ongoing.

Judge Alan Mitchell, sitting at Cloverhill District Court, which he described as “busiest custody court in the country,” commented that when doctors and nurses go on strike they always provide cover. He added that the most disadvantaged persons in the present dispute were those in custody and prevented from making a bail application.

Judge Mitchell, authorising that a letter be sent to the Law Society to nominate a solicitor for Mr Sulemankhil, commented that when he had been in practice the Law Society could nominate a solicitor to act for a defendant if they could not secure representation.

Join over 12,300 lawyers, north and south, in receiving our FREE daily email newsletter
Share icon
Share this article: