Daniel Kinahan was offered legal representation for his Special Criminal Court appearance on Sunday but did not take up the offer, Garda sources have said.
Kinahan was arrested at Casement Aerodrome, Baldonnel, Co Dublin, on Sunday evening after disembarking the Government jet. At that point, an offer was made to him to consult a solicitor, whom he could have engaged for the court appearance later that night, the sources said.
Gardaí were surprised the 49-year-old Dubliner appeared before the court unrepresented, especially as he had known for more than a week he was set to be extradited from Dubai.
Once his second appeal against his extradition from Dubai was rejected by a court there late last month, his return to the Republic was inevitable.
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However, while detained in Dubai after his appeal failed, he made no plans to engage a solicitor and put them on notice he would need them in court when he landed in Ireland.
It was also unclear why he did not avail of the chance to consult a solicitor when it was offered to him as he was arrested in Baldonnel just before 6.50pm on Sunday.
Kinahan’s appearance in court without a solicitor was highly unusual, especially as he faced a charge of directing organised crime, which carries a term of imprisonment of up to life if he is convicted.
His lack of representation at the court was the first item raised by Judge Patrick McGrath, who began the hearing by addressing Kinahan directly and asking if it was correct he was not represented.
“I didn’t have time to arrange anything,” Kinahan said, explaining he had been in isolation since last Friday. “I assumed a family member would have contacted some legal representation.”
[ What now for Daniel Kinahan’s wife, children and associates in Dubai?Opens in new window ]
When asked yesterday if Kinahan was given the opportunity to consult a solicitor as he was arrested, Garda Headquarters declined to comment. “As the matter will be before the courts, An Garda Síochána will not be making any further comment,” it said.
Last Sunday was Kinahan’s first time in Ireland since his last known visit, for the funeral of Regency Hotel shooting victim David Byrne, in February 2016. Kinahan has not lived in Ireland for about 25 years.
Solicitors are currently involved in a denial of service in the District Courts, which has also impacted other courts. It has resulted in people charged with crimes appearing before the courts unrepresented.
The denial of service centres on a dispute between the solicitors and Government over fees paid to solicitors under the criminal legal aid scheme. The dispute does not prevent any accused person engaging a solicitor privately.
McGrath told Kinahan at Sunday’s Special Criminal Court hearing he would have time to put a legal team in place before his next court appearance on October 5th. The judge also explained to the married father he could decide before then if he would appear on that date in person or via video-link from Portlaoise Prison.
Kinahan faces a single charge of directing organised crime between October 2015 and April 2017. He is currently being held in a section of a landing on A Block. That section would usually accommodate about eight prisoners but has been cleared for him. As he is segregated, for now, he cannot mix with other prisoners.
