An alleged victim of child sex abuse, who fears another trial adjournment due to the dispute over criminal legal aid fees, has urged the Minister for Justice to meet the Law Society with a view to resolving the row.
The complainant said the trial of his alleged abuser, fixed for last July, was adjourned to October due to the accused not having legal representation as a result of the withdrawal of services by criminal defence solicitors from mid-June.
He fears the mounting backlog due to the adjournments of thousands of criminal cases because of the dispute could mean another adjournment of the trial, exacerbating his mental health issues.
Some witnesses in his trial are elderly, and he is very concerned the delay may impact their availability and/or ability to testify, he said.
The complainant said more than five years have passed since he made his complaint over alleged sexual assault when he was a child more than four decades ago.
The defendant was charged with sexual assault and has pleaded not guilty, and the delay in bringing the matter to trial is having a severe impact on his mental health, the complainant said.
“I have experienced a lot of ill-health and am getting worse, I’m just hanging on by a thread,” he said. “It was hard enough to come forward and I’m finding it very hard now to hold my emotional nerve to continue.
“It feels like there are too many obstacles. If somebody else asked me now whether they should bring a complaint, I would think twice before saying they should.”
The defendant is on bail and he sees him regularly in his local community, the complainant said. “None of this is helping me.”
He has attended every court appearance relating to his case, and the adjournment of the trial to October has exacerbated his “fragile” mental health state, he said.
“I can’t look for work. I can’t make any attempt to move forward. ”
The effects of the dispute are “deeper than money”, he said. “A lot is at stake for me.”
The complainant said he wants Minister for Justice Jim O’Callaghan to sit down with the Law Society and come to some interim arrangement under which defence solicitors could resume work pending talks aimed at reaching a final agreement.
“I think both sides have made their point,” the complainant said. “This can’t go on. The criminal justice system has to function.”
The new payment model, operational since July 1st, involves a €520 flat fee irrespective of the number of charges and court appearances. The Minister says it is aimed at costs savings and preventing “abuses” of the system.
Solicitors say the new model does not reflect the amount of work involved in complex cases, including involving children and people with mental health issues, and they want certain amendments to ensure payment for that work.
Taoiseach dismisses call for mediator in criminal legal aid dispute