A High Court challenge has been taken to a District Court judge's conviction of a man who was absent from court. The man had left the proceedings to be with his partner, who had minutes earlier gone into labour in the Richmond Hospital courthouse in Dublin.
Mr Justice Patrick McCarthy yesterday granted leave to Giollaíosa Ó Lideadha SC, for Christopher Dunne, to challenge Judge John Coughlan's conviction last Tuesday of Mr Dunne and the judge's decision to issue a bench warrant for his arrest for the purpose of being sentenced on road traffic act offences.
Mr Dunne, of St Jarlath's Road, Cabra, who was facing his first court appearance, had attended with his heavily pregnant partner at the courthouse on Tuesday to answer charges of failing in September 2006 to have insurance, tax and a driving licence. However, at a meeting with his lawyers before the court sat, he asked them to seek an adjournment so that he could be with his partner.
Mr Dunne's lawyers spoke with the prosecuting garda who indicated no objection to the adjournment or to legal aid being granted to Mr Dunne, Sarah Molloy, solicitor for Mr Dunne, said in an affidavit.
Moments before Mr Dunne's case was called, his partner went into labour and Mr Dunne left the courthouse with her, Ms Molloy said. Mr Dunne's counsel told the judge what had happened and asked for the case to be adjourned. Ms Molloy said it seemed that the prosecuting garda accepted what was said and was consenting to the adjournment application, but the judge refused to adjourn the case.
When counsel again applied for an adjournment given the exceptional circumstances, the judge again refused and asked the prosecuting garda to give an outline of the facts of the alleged offence. The garda did so and the judge then asked defence counsel whether he had any questions.
As the garda had said that Mr Dunne had claimed to have insurance and a driving licence, but did not have them on him when stopped on September 12th, 2006, counsel said it appeared Mr Dunne had a defence to the charges and asked for the case to be adjourned to allow Mr Dunne to produce the documents. The judge refused.
Counsel then said that Mr Dunne was at risk of a custodial sentence if found guilty and this was confirmed by the garda. Counsel again sought an adjournment based on the events of the morning and on the fact it was accepted Mr Dunne was at risk of a custodial sentence if convicted.
The judge again refused to adjourn and made an order convicting Mr Dunne on all the summonses.
He also issued a bench warrant for Mr Dunne to be arrested and brought to the court to be sentenced. Counsel sought legal aid, but the judge said that he would not grant legal aid in Mr Dunne's absence.
In his judicial review proceedings, Mr Dunne claims the handling of his case by the judge breached his rights to fair procedures, natural and constitutional justice and trial in accordance with law.
He also claims that the judge's actions failed to show respect for his dignity as a human being and breached the judge's obligation to administer justice.
