MCKEVITT ALLOWED TO FIGHT LEGAL AID DECISION
McKevitt allowed to fight legal aid decision
GRANTING legal aid to jailed Real IRA leader Michael McKevitt could cost the taxpayer millions of pounds, and prevent other people obtaining funds for court cases, the High Court in Belfast heard yesterday.
A lawyer for the Legal Services Commission warned that if McKevitt succeeded in obtaining state finances to fight a civil action brought against him by victims of the Omagh bombing, "there could be a very substantial draw indeed on the legal aid fund and a substantial knock-on effect on other litigants".
However, McKevitt was given the go-ahead to fight the Commission's decision to withdraw his legal aid.
A judicial review will be heard later in the year, before the hearing of the civil action.
McKevitt's lawyers pointed out "a glaring inconsistency" that he should be denied funding, while the Omagh bomb victims were given �800,000 towards legal costs.
The Commission's representative replied that McKevitt had been convicted of a serious offence "which may well be related to the circumstances of these claims", and that if the action against him was successful he would be unable to meet the level of damages likely to be awarded.
He would therefore be immune from financial penalties, he said.
"Why should public funds, perhaps millions, be expended in relation to a defendant who will never have to pay out a penny?"
Mr Justice Girvan said while he was not deciding on the substantive issues involved, he was satisfied there was sufficient material to conclude that leave should be granted for a judicial review to be heard.
GRANTING legal aid to jailed Real IRA leader Michael McKevitt could cost the taxpayer millions of pounds, and prevent other people obtaining funds for court cases, the High Court in Belfast heard yesterday.
A lawyer for the Legal Services Commission warned that if McKevitt succeeded in obtaining state finances to fight a civil action brought against him by victims of the Omagh bombing, "there could be a very substantial draw indeed on the legal aid fund and a substantial knock-on effect on other litigants".
However, McKevitt was given the go-ahead to fight the Commission's decision to withdraw his legal aid.
A judicial review will be heard later in the year, before the hearing of the civil action.
McKevitt's lawyers pointed out "a glaring inconsistency" that he should be denied funding, while the Omagh bomb victims were given �800,000 towards legal costs.
The Commission's representative replied that McKevitt had been convicted of a serious offence "which may well be related to the circumstances of these claims", and that if the action against him was successful he would be unable to meet the level of damages likely to be awarded.
He would therefore be immune from financial penalties, he said.
"Why should public funds, perhaps millions, be expended in relation to a defendant who will never have to pay out a penny?"
Mr Justice Girvan said while he was not deciding on the substantive issues involved, he was satisfied there was sufficient material to conclude that leave should be granted for a judicial review to be heard.
Further Information
Publisher: NEWS LETTER
Ref: NL/557
Published Date: 29-Jun-04
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