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The situation arose because the man was unable to secure legal representation as a result of the criminal legal aid solicitor’s strike.
AN INCIDENT IN which a woman was cross-examined in court by a man who allegedly threatened to rape and kill her has been widely condemned and described as “deeply disturbing” by the chair of the Oireachtas Justice Committee.
The Irish Independent today reported further details surrounding the incident, which took place last month and arose because the man was unable to secure legal representation as a result of the criminal legal aid solicitors’ strike.
The man was allowed to cross-examine his ex-partner after she objected to him being released on bail.
According to the Irish Independent, it is alleged he tried to kick in the woman’s front door and smashed the outer pane of a window while young children were present.
It is also alleged he threatened to rape and kill the woman, “rip her teeth out of her head with pliers and stick a screwdriver through her chest”.
The incident was raised at a recent Oireachtas Justice Committee hearing by committee chair and Sinn Féin TD Matt Carthy, who said it exposes the realities of Justice Minister Jim O’Callaghan’s dispute with criminal legal aid solicitors.
Carthy said today that the latest details on the case are “deeply disturbing” and questioned how such a situation is acceptable.
“Victims of domestic violence should never be put in the position of being directly cross-examined by the person accused of threatening and abusing them,” Carthy said.
“This case exposes the reality behind the minister’s claims that the court system is continuing to operate effectively despite the criminal legal aid dispute,” he added.
Meanwhile, Women’s Aid chief executive Sarah Benson criticised the incident and said it was “not a trauma-informed way to give effect to justice”.
“This clearly is not a representative example of how this should work,” she told The Journal.
“The idea that the person who has allegedly threatened to kill you, who has allegedly threatened to sexually assault you, should then be allowed to question you, must have been just an absolutely traumatic experience for the victim in question,” Benson said.
Benson made the point that similar situations can arise in the family law system, where cases are heard in private, but that often in such incidents, where a man does not have legal representation, a judge will question the woman instead.
Elsewhere, Social Democrats spokesperson Gary Gannon said this incident represented a “horror story” and shows that the criminal legal aid dispute has gone “too far”.
“Jim O’Callaghan keeps acting like the court system is acting effectively, and the issue is limited to a few striking solicitors in Dublin when everyone knows that is not the case,” he said.
Gannon said this is just one example of the dysfunction in the courts, noting that there have been numerous incidents of people, including some with limited literacy, who have not had access to legal representation.
He said striking solicitors have made it clear they want to negotiate and criticised O’Callaghan for refusing to engage further with them.
“He’s behaved in a way that is arrogant and he needs to come down from his pedestal and solve this dispute,” he added.
This sentiment was shared by Carthy, who said O’Callaghan will face questions on what is happening in the courts when he appears before the Oireachtas Justice Committee next week.
“The fact that the criminal legal aid dispute has been allowed to continue for months is having serious implications for victims, defendants, court users and the wider justice system,” Carthy said.
He added: “We will be seeing the consequences of this dispute for a very long time given the number of adjournments that have already taken place, pushing many cases into next year.”
Both Gannon and Carthy also raised concerns about the potential implications for securing convictions against criminals where garda interviews take place without solicitors present as a result of the dispute.
“The minister must take responsibility for what is happening in the Courts… He has repeatedly sought to downplay the impact of the dispute, despite warnings from legal practitioners, victim support organisations and others,” Carthy said.
The dispute between solicitors and the Department of Justice over a new flat fee model for criminal legal aid cases in the district court has been ongoing since July.
It has led to the adjournment of thousands of criminal cases.
Earlier this week, a High Court judge urged both sides of the dispute to resolve the issue.