As rural courts resume, Kerry solicitors take a sympathetic approach
On Thursday, Kerry solicitors journeyed down the Iveragh Peninsula through horizontal rain to Cahersiveen’s one-room courthouse to declare they were ‘not appearing’ amid the ongoing solicitors’ withdrawal of services. But they were present.
The national industrial action, now in its 13th week, arises from government reforms to the payment of criminal legal aid cases.
Kerry solicitors have adopted a pragmatic approach, continuing to advise those in custody, minors and those seeking domestic violence applications.
And sometimes, they can be seen giving subtle, unpaid, assistance to would-be clients representing themselves to have cases resolved. Judges, too, are sympathetic.
One recent example was the case of Sebastian Zybura (35), who appeared at Cahersiveen. Mr Zybura, of Millbrook Village, Milltown was charged with four thefts of liquor from Keanes Supervalue on Iveragh Road and Eurospar on Upperbridge Street, Killorglin in September.
When his name was called, solicitor Brendan Ahern discretely bade Mr Zybura stand beside him.
Mr Zybura, representing himself, stood between Mr Ahern and a Polish interpreter but spoke for himself when addressing the judge, explaining his concern about a potential adjournment.
“It’s not easy to come here every time because I live in Milltown,” he began. “I have no driving licence, I have to grab the bus.”
Sergeant Stephen O’Brien noted Mr Zybura’s had pleaded to all charges.
“Mr Zybura,” said Judge Elizabeth Healy. “You can conclude it today but you don’t have legal representation. It is your choice.”
Mr Zybura stepped outside with Mr Ahern and the translator, returning before the judge later in the morning.
“I apologise, I apologise. I apologise, judge,” he began.
Mr Ahern indicated that Mr Zybura had previously given him €140 he intended to send onto the State for the losses of the theft.
“I swear to God, I won’t do that anymore,” said Mr Zybura.
Mr Zybura had eight previous convictions for road traffic, arising from two incidents, and one for a drugs-related offence.
“I have heard you have some previous convictions but none for theft,” said Judge Healy. “And I note you have put forward money to compensate for the loss of theft. So, I’m taking all of that into account.”
She indicated it was at this point in proceedings where a solicitor might give circumstances surrounding the crime.
“I’m living in Milltown and actually I had a situation, a bad situation in my life,” began Mr Zybura in clear but halting English. “I had a problem with alcohol, as well.”
Asking permission to interrupt, the judge said he could speak through the interpreter.
At this, his words became fluent.
“I had a problem with alcohol,” the interpreter said for him. “I went to The Grove to get help, then I took work and everything is better,” he said through the interpreter.
He explained he was the earner for his family and his partner cared for their two young children.
“I’m taking into account all of your information,” said Judge Healy.
She fined him €50 for each theft.
Mr Zybura thanked her and turned to Mr Ahern to whisper, ‘have a nice day’ before he made his exit.
Funded by the Courts Reporting Scheme