A Dublin District Court judge yesterday repeatedly refused to apologise to a solicitor who it was claimed he had verbally abused at a previous hearing.
Judge Desmond Windle repeatedly shouted "sit down" at a solicitor, Mr Terry Lyons, who attempted to explain why a member of his staff was owed an apology for how she was treated in the court last Saturday. Mr Lyons was speaking at Cloverhill District Court in a case involving Mr Dany Bacadanu (39), a Romanian charged with shoplifting and a breach of the Aliens Act.
When the case was called yesterday, Mr Lyons attempted to address Judge Windle, who he said "abused a solicitor". The judge told him he would deal first with an application from the Garda for Mr Bacadanu's detention to be extended by a week. As Mr Lyons persisted, Judge Windle thumped the table and told him to "stay quiet, then I'll hear you". Judge Windle then took Garda evidence before hearing Mr Lyons, who asked him to apologise to his employee, solicitor Ms Ford.
Judge Windle interjected, saying: "Will you sit down." Mr Lyons replied: "I will not." He continued, saying: "I will protect my staff to the end. I demand an apology." As Mr Lyons spoke, Judge Windle repeatedly told him to "sit down". He also told the solicitor he should "stand over his actions over the years" and "consider his position".
Mr Lyons said he would take the matter to the president of the District Court and the Minister for Justice. The judge replied: "Do, take a judicial review on it and swear an affidavit if you want to."
Mr Lyons's request followed evidence from Sgt Oliver Windsor that Mr Bacadanu had been arrested in Rathmines, Dublin, on February 21st, 2003.
Although the accused does not speak English, he was notified of his rights through a translator and indicated he wanted a solicitor, Sgt Windsor said. As Mr Bacadanu was unable to nominate a solicitor, Sgt Windsor said he contacted Mr Lyons's office, one of a number of solicitors' firms in the Legal Aid Scheme. Judge Windle said it was a bad practice for gardaí to nominate a solicitor for an accused person.
"Doesn't it compromise gardaí, who should be independent?" he asked. Sgt Windsor countered that he believed that if gardaí failed to nominate solicitors in such circumstances they would be depriving prisoners of their rights.
An application for legal aid for Mr Bacadanu was reserved.