A Dublin solicitor told a District Court judge yesterday that he had abused his position by slandering him while using his judicial position as a protection.Mr Terry Lyons made the charge against Judge Desmond Windle, whom he was appearing before in a shoplifting case in Cloverhill District Court, Dublin.
In an earlier sharp exchange of words with Mr Lyons, Judge Windle accused Mr Lyons of "sliming around the court," and said he was inquiring into possible "touting" by him.
Yesterday's confrontation followed a hearing last week in which Judge Windle repeatedly refused to apologise to an employee of Mr Lyons who it was claimed he had verbally abused at a previous hearing.
Mr Lyons was speaking on both occasions in a case involving Mr Dany Bacadanu (39), a Romanian charged with shoplifting and a breach of the Aliens Act, who remains in custody. The court heard last week that Mr Bacadanu had been arrested in Rathmines on February 21st, 2003, and did not speak English. A Garda sergeant had contacted Mr Lyons's office, one of a number of solicitors' firms on the Legal Aid panel.
Judge Windle said yesterday it was not a matter for a sergeant or any other member of the force to "in effect nominate" a solicitor from the list of firms on the Legal Aid panel in cases where the accused person did not speak English.
The judge said it was his experience over the years in numerous Garda stations that in a vast majority of cases in circumstances where a person had no English, Mr Lyons was appointed.
Mr Lyons said he had not been nominated in all such cases. Judge Windle replied that it was "all the same," as Mr Lyons received the Legal Aid fees even if a member of his firm was nominated. Mr Lyons replied that the court had made "very serious allegations. You said I was touting."
Judge Windle replied: "Yes I did. So you are aware that I am inquiring into possible touting. I didn't accuse the person in your firm of touting."
Mr Lyons told Judge Windle: "You abused your position by slandering me and using the bench as a protection." Mr Lyons said he will "litigate the matter elsewhere".