THE STATE last year paid barristers and solicitors in excess of €44 million through the criminal legal aid scheme, the highest ever amount paid under the system.
The figures released through the Freedom of Information Act show that 686 solicitors received in total €27.6 million, while 486 barristers received an overall €17.1 million.
The overall total of €44.7 million is 12 per cent, or €5 million more than the total solicitors and barristers received in 2006, when solicitors received €24 million and barristers received €15.7 million.
The €44 million paid out last year is a 67 per cent increase on the €26.7 million paid out in 2004 under the scheme and €7 million more than the €37 million paid out in 2005.
The figures show that three solicitors received in excess of €1 million last year through the scheme. These are Michael Staines, who received the highest amount at €1.4 million, and John M Quinn, who received €1.1 million, and Yvonne Bambury, who received €1 million. A further five solicitors received in excess of €500,000, while a further 16 solicitors received in excess of €250,000. The figures show that 30 solicitors received in excess of €100,000.
The top earners amongst solicitors and barristers continue to be male dominated. In the top 20 earners amongst solicitors, only four were women, while three females featured in the top 20 earning barristers.
Mr Staines currently acts on behalf of former Clare GP Paschal Carmody as he contests the DPP's decision to press ahead with a retrial on deception charges that Dr Carmody denies. Two other solicitors to feature high on the list include Cork-based Frank Buttimer, who acted on behalf of Wayne O'Donoghue in the Robert Holohan murder trial, and who received €694,581, and outspoken Limerick solicitor John Devane, who received €460,214.
The figures in relation to barristers show that only two barristers received in excess of €350,000 and these were Patrick Gageby SC and Brendan Grehan SC. A further three barristers received in excess of €300,000: Limerick-based Brian McInerney BL received €325,463; Blaise O'Carroll SC received €318,508 and Luigi Rea SC received €317,474.
Other barristers to feature in the top 10 include Caroline Biggs, who received €285,600, and Michael O'Higgins SC, who received €284,994. The figures show that six barristers received in excess of €250,000, while a further 37 received over €100,000.
Both Mr Gageby and Mr Grehan have acted in high-profile criminal trials in the recent past. Mr Gageby acted on behalf of Joe O'Reilly in the Rachel O'Reilly murder trial and Brian Kearney in the Siobhán Kearney murder trial. Both men were convicted of murder.
Mr Grehan acted on behalf of former Dublin assistant city and county manager George Redmond, where he walked free after a jury found him not guilty of one of two charges and could not agree a majority verdict on another charge in his corruption trial.
Mr O'Carroll acted on behalf of one of the three defendants who received lengthy jail terms in the Cork cocaine haul trial earlier this year.
Legal aid is afforded to defendants in court who provide evidence to judges that they do not have the means to employ legal representation to mount a defence.
Fine Gael justice spokesman Charlie Flanagan yesterday called for the legal aid means test for defendants in court to be tightened up. He said: "The means test for legal aid needs to be more rigorously applied in the courts. The increase in criminal legal aid payments last year in the courts is not surprising as a number of organised crime bosses who had amassed wealth from criminal activities were able to avail of legal aid." Mr Flanagan said: "Of course, people are entitled to legal aid, but the system needs to be tightened up."
