The sitting of the High Court’s bail list in the courthouse adjacent to Cloverhill Prison in west Dublin on Monday began with two short speeches in praise of its presiding judge.
It is Mr Justice Paul Butler’s last week in the role, before he is replaced by the new President of the High Court, Mr Justice Peter Kelly, and at the outset barrister Nehru Morgan Pillay said a few words on behalf of the Bar Council.
He said he had known Mr Justice Butler for a long time, and had worked with him for many years at the bail court.
He had always found the judge to be very pleasant to work with, and the court had been run very smoothly under the judge’s direction.
“We will all miss you,” he said.
Round of applause
The judge thanked the barrister and there was a round of applause from the lawyers present.
Solicitor Caroline Butler, an expert in bail law, stood and said that on behalf of the defence solicitors she wanted to adopt what had been said by Morgan Pillay.
The defence lawyers and their clients were “very grateful” for the way the judge had dealt with their cases over the years. “You will be missed.”
The court hears appeals in cases where bail has been refused by the District Court, and also hears all bail applications from people charged with murder.
The legal system works on the presumption that people charged with crimes are presumed innocent, and should in the normal course get bail.
However under what is called the O’Callaghan ruling, they can be refused bail if there is a reasonable risk they will fail to turn up for their hearing, or might interfere with a witness.
Since the 1996 Bail Referendum, people can also be refused bail under section 2 of the 1997 Bail Act on the grounds that they might reoffend while out on bail, given their previous convictions, other charges pending against them, addiction issues, or other aspects of their behaviour.
By far the most dramatic hearing was that of Jonathan Ayton, of Raphoe, Co Donegal, who has been charged with assaulting his partner on November 19th last.
The woman was in court and took to the witness box to testify that she had been contacted by people she knew and told to withdraw her statement concering the alleged assault, and not to turn up at the bail court.
Shaking and looking extremely nervous, she told the court that if Ayton was granted bail she would be “in fear of my life and I would have to move again with the children”.
Ayton stood behind a glass and wood panel, straight-backed, his hands behind his back, looking at the witness. “I am petrified,” she said.
Sgt Jim Collins told the court that after being attacked the woman had burst lips, black eyes, bruising, and a suspected broken nose.
Ayton took the stand and said he knew nothing about the threats, that he would “100 per cent” stay away from the woman if granted bail, and that the charges against him were “one hundred per cent lies”.
Mr Justice Butler said he was satisfied that the woman was being truthful in her evidence about being intimidated.
He had to balance Ayton’s right to liberty, against the possibility of intimidation and his fleeing.
Surety could not address the risk of possible intimidation, so he was refusing bail.
Own affidavit
Mr Justice Kelly is introducing a number of changes to the bail regime. A key change is the resumed use of the rule that prisoners swear their own affidavit.
For the past two decades or so, solicitors have been able to do this on their client’s behalf, something that solicitors say is very useful for logistical reasons.
Sittings of the bail court often do not reach the end of their list by close of business.
Under the new regime prisoners from Dublin jails, and prisoners from jails outside Dublin will have their cases dealt with on different days of the week.
The idea is that prisoners who come from jails outside Dublin will not have to spend long hours in prison vans, sometimes only to find that their case is not being heard.
The increased sitting days are aimed at increasing the chance that cases will be heard speedily. However some fear prisoners could wait longer. Time will tell.
