BID TO REFORM SYSTEM
Bid to reform system
PLANS to modernise the criminal justice system in Northern Ireland could bring to an end the use of high-profile 'celebrity' barristers in legal aid-funded trials, writes Allison Morris.
During 'Very High Cost Criminal Cases' (VHCCC), or trials that are expected to last more than 25 days, defence solicitors and barristers are entitled to a special hourly rate. At present there is no cap on the amount of legal aid which can be paid out to a defence team. However, under proposed changes, counsel would be subject to a pre-agreed contract of work with legal aid representatives remunerated on a system of staged payments. There would also be a maximum pay-out available for very high-cost trials, bringing the system Into line with England and Wales. In recent years barristers from Britain have been drafted in to defend in VHCCC, the most high-profile of these being prosecutor-turned-defence counsel Orlando Pownall. Mr Pownall, who had already developed a reputation as a highly successful criminal advocate in Britain, has been involved in three of Northern Ireland's most-publicised 'Diplock' (non-jury) trials. Having successfully defended Omagh bomb accused Sean Hoey, who was cleared of 29 counts of murder and further 30 other explosives charges last year, he went on to successfully represent Terence Davison, who was accused of the murder of Robert McCartney.
Mr Pownal's most recent case is that of loyalist killer Michael Stone, who is accused of attempting to murder Gerry Adams and Martin McGuinness along with 12 other charges when he sensationally stormed Parliament Buildings in November 2006. Mr Justice Deeney has reserved judgment in the Stone case. The legal aid system is still rooted in the Troubles when court cases of people charged under the Prevention of Terrorism Act could last months. These often included large numbers of witnesses and complicated forensic evidence which pushed the cost of trials up substantially. In England and Wales, however, costing of lengthy trials is via a system of case classification where a contract of work to be undertaken is agreed at the start. A consultation involving members of the legal profession in the north has recently concluded, with proposals for changes at the draft stage. The average cost of a murder trial in terms of defence counsel in Northern Ireland is around �177,000, but that can spiral over �300,000 in some of the lengthier cases.
PLANS to modernise the criminal justice system in Northern Ireland could bring to an end the use of high-profile 'celebrity' barristers in legal aid-funded trials, writes Allison Morris.
During 'Very High Cost Criminal Cases' (VHCCC), or trials that are expected to last more than 25 days, defence solicitors and barristers are entitled to a special hourly rate. At present there is no cap on the amount of legal aid which can be paid out to a defence team. However, under proposed changes, counsel would be subject to a pre-agreed contract of work with legal aid representatives remunerated on a system of staged payments. There would also be a maximum pay-out available for very high-cost trials, bringing the system Into line with England and Wales. In recent years barristers from Britain have been drafted in to defend in VHCCC, the most high-profile of these being prosecutor-turned-defence counsel Orlando Pownall. Mr Pownall, who had already developed a reputation as a highly successful criminal advocate in Britain, has been involved in three of Northern Ireland's most-publicised 'Diplock' (non-jury) trials. Having successfully defended Omagh bomb accused Sean Hoey, who was cleared of 29 counts of murder and further 30 other explosives charges last year, he went on to successfully represent Terence Davison, who was accused of the murder of Robert McCartney.
Mr Pownal's most recent case is that of loyalist killer Michael Stone, who is accused of attempting to murder Gerry Adams and Martin McGuinness along with 12 other charges when he sensationally stormed Parliament Buildings in November 2006. Mr Justice Deeney has reserved judgment in the Stone case. The legal aid system is still rooted in the Troubles when court cases of people charged under the Prevention of Terrorism Act could last months. These often included large numbers of witnesses and complicated forensic evidence which pushed the cost of trials up substantially. In England and Wales, however, costing of lengthy trials is via a system of case classification where a contract of work to be undertaken is agreed at the start. A consultation involving members of the legal profession in the north has recently concluded, with proposals for changes at the draft stage. The average cost of a murder trial in terms of defence counsel in Northern Ireland is around �177,000, but that can spiral over �300,000 in some of the lengthier cases.
Further Information
Publisher: THE IRISH NEWS
Ref: IN/0978
Published Date: 29-Oct-08
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