Deprivation of legal aid alleged over murder case

A man facing trial for the murder of another man in Dublin has brought a High Court action alleging he has been unlawfully deprived…

A man facing trial for the murder of another man in Dublin has brought a High Court action alleging he has been unlawfully deprived by the Director of Public Prosecutions (DPP) and State of adequate legal aid to properly defend the charge.

Criostoir Mac Carthaigh (34), Leitrim Cree, Kilrush, Co Clare, denies the murder of David Whyte (35), of Phibsborough, Dublin, in September 2008.

His trial at the Central Criminal Court has been deferred pending the outcome of his judicial review proceedings against the DPP, the Minister for Justice and the State.

Leave to bring the challenge was granted by Mr Justice Michael Peart.

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More than 365 hours of CCTV footage were disclosed to Mr Mac Carthaigh’s lawyers but they have been refused legal aid scheme funding to meet the “exceptional” costs of reviewing this to properly prepare his defence, it is claimed.