A district judge's controversial handling of a Romanian man's applications for bail and legal aid led yesterday to the High Court granting an application for an inquiry into the legality of the man's detention.
Mr Justice Quirke directed that the inquiry into the legality of the detention at Clover Hill prison of Mr Danny Bacadanu (34), who is charged with shoplifting and a breach of the Aliens Act, should be held this afternoon.
The judge also granted leave to Mr Sean Gillane, for Mr Bacadanu to seek orders in judicial review proceedings, quashing the alleged refusal of Judge Desmond Windle to hear "and/or fairly determine" applications for legal aid and bail made by a solicitor, Mr Terry Lyons, and employees of his firm on February 22nd, February 25th and March 4th last.
In those proceedings, which are against Judge Windle and the DPP, Mr Bacadanu, who was arrested in Rathmines, Dublin, on February 21st last, will seek declarations that the refusal to grant legal aid breached his right to a fair trial and that his continued detention is unlawful.
In an affidavit, Mr Lyons complained that Judge Windle had failed on three occasions to fairly hear and determine Mr Bacadanu's applications for bail and legal aid and had exceeded his jurisdiction in directing inquiries into how solicitors were allocated by gardaí to non-English-speaking litigants.
When Mr Bacadanu's case was last before Judge Windle last Tuesday, Mr Lyons claimed the judge accused Mr Lyons of "sliming around the court" and had said he was inquiring into possible "touting" by Mr Lyons.
Judge Windle said it was not a matter for the sergeant or any other member of the force to "in effect, nominate" a solicitor from a list of firms on the Legal Aid panel in cases where the accused person did not speak English.
In his affidavit, Mr Lyons said his firm, Terence Lyons and Company Solicitors, operated a 24- hour paging service which allowed people to contact solicitors outside office hours.
One of his solicitors, Ms Bridget Forde, got a call on February 21st at 9.36 p.m., to contact Rathmines Garda station. She did so and was told Mr Bacadanu had sought a solicitor.
Ms Forde represented Mr Bacadanu when he appeared before Judge Windle on February 22nd. She sought bail for him which was refused on the basis that her client could show no evidence of identity.
Ms Forde also sought legal aid, the gardaí did not object and Judge Windle then asked the interpreter how Mr Bacadanu knew he was entitled to legal aid or who he wanted to act for him. Ms Forde said Mr Bacadanu had been informed of his rights and the gardaí had contacted Terence Lyons and Company.
Judge Windle went on to ask whether Terence Lyons and Company had an arrangement with the Garda in relation to nominations of solicitors and Ms Forde said there was no such arrangement. Judge Windle later said this was happening every night of the week and could not be a coincidence and was "called touting". Ms Forde said it was not touting.
Judge Windle adjourned the matter, remanded Mr Bacadanu in custody, reserved the matter of legal aid and also ordered that the person who had nominated the office of Terence Lyons and Company be present in court on the adjourned date.
When the matter was before Judge Windle again on February 24th, he made further inquiries how a person arrested on arrival here could be aware of their entitlement to legal aid and also how they were aware what solicitor they wanted to represent them.
A Garda sergeant gave evidence how the firm was nominated and said the company provided a good out-of-hours service.
Mr Lyons said he had asked Judge Windle at the outset to apologise for the comments he had made on the previous occasion in court and repeated that request. He said Judge Windle refused to apologise and also said he would not consider the legal aid request.
Mr Bacadanu was again remanded in custody to March 4th. At Tuesday's hearing, Judge Windle again remanded Mr Bacadanu in custody.