Paul Murphy says he made legal aid move after DPP decision

Dublin South-West Anti Austerity Alliance TD Paul Murphy says the decision of the Director of Public Prosecutions to try his case in the Circuit Court prompted his decision to seek free legal aid because of the extra legal costs involved.

“Criminal legal aid and civil legal aid are two entirely different processes.

“I’m being tried for two counts of false imprisonment – the case started in the District Court. While there I didn’t apply for or wouldn’t have been entitled to free legal aid, I paid my own legal fees.

“On application of the DPP, the case then moved to the Circuit Court where they are trying it on indictment. In the District Court the maximum sentence for false imprisonment is a year, in the Circuit Court it is life in prison. The other big difference is if you go to the Circuit Court the legal costs balloon.

“Lawyers are expecting it to go on for six weeks, it is a case of great complexity, 3,000 pages of disclosure, 100 witnesses, – if you have as the DPP has – a solicitor, senior counsel, junior counsel, you are talking in excess of € 100,000 in legal costs.

“The point is free legal aid at the Criminal Court is based on legal costs not take-home pay. For Civil Court free legal aid have you have to be on an income of less than € 18,000. Criminal legal aid is different because people are faced with going to prison and because costs are so much higher in the Circuit Court.

“Any TD, unless they have substantial savings and liquid assets, in my opinion, would be entitled to get legal aid. It’s not unreasonable to get legal aid given that legal costs are so high. In a civil case if you win you get your costs back, in a criminal case that’s not the case, you don’t get the money back, no matter the cost.

“I draw down the salary of a young worker – € 1800 a month, and I nominate the other portion to various campaigns, sports clubs, strikers, housing action, water charges movement.

“It’s better that it goes this way, that I live the life of the people I represent.”