With solicitors withdrawing services over pay, a visiting judge handled a quiet list

At a recent sitting of Tralee District Court, the only matters to move forward were custody cases as a national withdrawal of solicitors’ services continued due to a dispute over a new criminal legal aid payment structure. 

The withdrawal, which began in mid-June, has already seen cases in Kerry’s rural district courts postponed to October and late November.

Kerry solicitors continued to represent clients in custody. And so, nearly all appearances were made remotely by video call from prisons.

Just one man appeared in the dock before Judge Darach McCarthy.

James McCarthy (34) of Cashen Court, Dun Álainn, Listowel appeared in person after his arrest at the Tralee courthouse. He was charged with assault and two counts of producing an article capable of inflicting serious injury on June 14. He did not seek bail, his solicitor Brendan Ahern told the court.

Sergeant Stephen O’Brien indicated the Director of Public Prosecutions (DPP) would seek trial on indictment. 

As he was escorted from the gallery, a woman shouted, “Keep your head up James, we’ll see you soon”.

On a video link call from prison, Kamil Kakolewski (36) of Cois Coille, Tralee asked the judge, “If I get an address in a homeless shelter, can I get out?”.

His solicitor, Brendan Ahern, had suggested if his client had a residence earlier, “it might be the case where the State would have consented to custody”. 

Mr Kakolewski faces two charges of assault and a charge of assault or obstruction of a peace officer from July 10.

He will appear by video link on September 9 for DPP directions.

Finally, the court heard of a man’s struggles to sign on at Castleisland Garda Station. 

“The difficulty is he’s signing on at Castleisland Garda Station and it’s rarely open,” his solicitor, Pádraig O’Connell, told the court. 

To address the issue, the solicitor applied for a bail hearing on behalf of his client, Jonathan Healy (25) of Laccabawn, Castleisland. Mr Healy was charged with violent disorder and assault on October 25, 2021 on College Street, Killarney.

Funded by the Courts Reporting Scheme