A SOLICITOR yesterday challenged a judge’s practice of requiring defendants to give sworn oral evidence in open court on their legal aid applications, stating that his client found the practice degrading.
At Kilrush District Court, solicitor Eugene O’Kelly told Judge Joseph Mangan that his client, Brendan Naughton (55), of O’Gorman Street, Kilrush, found the questioning as degrading as if he were in his GP’s waiting room with his medical card and the GP asked him in front of everyone present about the State having to pay for his medical expenses.
Mr O’Kelly was commenting on a recently established practice by the judge where he requires defendants to give sworn oral evidence on their legal aid application forms.
Mr Naughton is charged with the assault causing harm of Jason Brennan on July 25th at O’Gorman Street, Kilrush, last year and of producing a baseball bat and a medieval axe with a pointed head at the same location on the same date. Mr O’Kelly said that Mr Naughton strenuously denied the charges.
In court yesterday, the judge asked Mr Naughton and other defendants before the court seeking legal aid: “Are all of the facts in the form true and accurate? Do you understand you are asking the State to pay your legal costs in full? Do you understand that you are liable to prosecution for any false statement?”
Mr O’Kelly told the judge that Mr Naughton found it extremely embarrassing to be asked such questions in open court. The judge told Mr O’Kelly that he could take his concerns to the Circuit Court, the High Court, the Supreme Court or Strasbourg.
