The exhibits could not be located? More property gone missing/stolen in garda custody?
https://www.independent.ie/county/wicklow/wicklow-solicitor-says-uk-experts-left-unable-to-examine-evidence-after-gardai-could-not-locate-exhibits/a/162045784.html
A solicitor in Wicklow has claimed a recent case involving UK experts’ highlights “inefficiencies” within the criminal justice system which cannot be blamed on defence solicitors.
Brendan Maloney has been critical of the new legal aid system introduced by Justice Minister Jim O’Callaghan on July 1, which the minister has said is aimed at dealing with inefficiencies in criminal courts.
While Mr O’Callaghan has pointed to adjournments and multiple legal aid certificates as contributing to delays, Mr Maloney believes most adjournments are caused or sought by State actors rather than solicitors.
The veteran solicitor points to the fact that only judges can adjourn cases or grant legal aid.
A recent case involving UK-based experts retained to examine exhibits in a legal aid case was given as an example.
According to Mr Maloney, the experts had provided an estimate of their costs to the Department of Justice before travelling to Ireland on August 5 to inspect the exhibits, via an appointment arranged with An Garda Síochána.
When they arrived, the exhibits could not be located, and the experts were unable to carry out the inspection.
A further request was then made to the Department to sanction funding for the experts’ additional travel and time.
Mr Maloney said several emails followed, with the Department stating that the issue should be discussed between the experts and solicitor, and later directing the solicitor to contact An Garda Síochána.
However, only the Department of Justice could issue the required sanction for the experts’ fees.
Further correspondence referred to the Prison Service, despite the client not having at any stage been in custody.
Describing the incident as an example of two State actors contributing to delays and additional expenditure of public money, Mr Maloney said the gardaí had failed to facilitate a pre-arranged appointment.
He said the Department appeared unable to respond to a “simple request” regarding the required sanction.
“Most adjournments are caused or are sought by State actors, not solicitors,” he added.
According to the solicitor, real efficiency within the criminal courts would require a “radical overhaul”, involving the Department of Justice, Courts Service, DPP, An Garda Síochána, Prison Service, Probation Service and solicitors.
He also pointed to legislative reform around time limits for people in custody and the period within which a book of evidence must be served.
Referring to the minister’s reforms, Mr Maloney described them as a “Trojan Horse”.
He said that their real impact would be an attack on the administration of justice and the constitutional right to a fair trial.
The dispute over District Court criminal legal aid arose when Mr O’Callaghan replaced a per-appearance fee with a flat rate in July, prompting hundreds of solicitors to withdraw their services.
On September 22, Law Society President Rosemarie Loftus told the Oireachtas Committee on Justice that in July 2026 the number of legal aid certificates granted fell by 93pc compared to 2025.
However, Mr O’Callaghan points to the issuing of more than 1,400 certificates since the revised scheme came into effect as evidence the courts are running effectively.
He said 99pc concluded within five appearances, adding that early indications suggest the system is achieving one of its objectives.
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