The Chief Justice, Mr Justice Keane, yesterday said the public interest required that the Bar Council's attention be drawn to "possible breaches" of the barristers' code of conduct by a senior counsel.
Mr Justice Keane made the remark while delivering the Court of Criminal Appeal's decision dismissing an appeal by a man against his conviction for the murder of another man during a fracas at a pub in Finglas, Dublin.
The convicted man, David McDonagh, had claimed that the preparation and conduct of his defence was inadequate. He also claimed that there may have been a miscarriage of justice.
McDonagh was convicted of the murder of Timothy Joyce on November 9th, 1996. The incident, it was alleged, arose out of a feud between the McDonagh and Joyce families. The trial jury heard that members of the Joyce family went into a bar in Finglas after returning from a funeral in England, that a fracas broke out in which billhooks were used, and that Mr Joyce died from a neck wound.
Yesterday, the Court of Criminal Appeal dismissed McDonagh's appeal against conviction and found that there had been no miscarriage of justice.
The Chief Justice said the court was satisfied that the conduct of McDonagh's defence by the legal advisers who appeared for him at his trial was not of such a nature as to create a serious risk of a miscarriage of justice. However, the public interest required that the Bar Council's attention be drawn to "possible breaches" of the barristers' code of conduct which, he said, "regrettably occurred in this case".
During the appeal, affidavits were presented to the court by McDonagh's legal representatives, Mr John Whelan SC, Mr Charles Corcoran, barrister, and Mr Eugene Dunne, solicitor, the Chief Justice said.
The trial was fixed for Monday January 25th, 1999, but because the original senior counsel was detained in another trial, he withdrew from the case at the weekend, and Mr Whelan was instructed in his place, Mr Justice Keane said.
Before McDonagh's arraignment, Mr Whelan was granted an adjournment of the case until 2 p.m. the following day. The prosecution case concluded on the fifth day and Mr Whelan said the defence would not be going into evidence. The jury found McDonagh guilty of murder by an 11 to 1 majority.
During the appeal, Mr Kieran O'Loughlin SC submitted that it was not possible for an adequate defence to be mounted when senior counsel was instructed, at the earliest, over the weekend, and did not meet his client and other members of the defence team until 10 a.m. on the day of the trial, which was listed for hearing at 11 a.m.