'Denial of justice' found for those refused bail without lawyers

The High Court has found a fundamental denial of justice for individuals who were refused bail at the District Court without legal representation, a situation arising from the ongoing solicitors' dispute over legal aid. Ms. Justice Mary Rose Gearty delivered a judgment stating that these applicants were entitled to immediate release, emphasizing that the fault lay not with the District Court judges but with the circumstances that prevented legal representation.

The ruling specifically addressed 11 out of 21 cases where applicants challenged their detention. The judge highlighted the constitutional right to liberty and the need for specific remedies when this right is compromised. Many of the applicants, who had been denied bail in the District Court, were subsequently granted bail by the High Court. However, they pursued Article 40 applications to challenge the lawfulness of their initial detention.

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absolutely not the fault

This decision could expose the state to further legal challenges from those deemed to have been unlawfully detained. While the Director of Public Prosecutions' lawyers argued that proceeding with bail hearings without legal representation was not unlawful, the High Court's finding of a "fundamental denial of justice" carries significant weight. Further Article 40 cases related to systemic issues are still before the court.

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fundamental denial of justice