A solicitor who was ordered to pay €500 to the District Court “poor box” when he was unable to attend a hearing has been granted permission to challenge the fine, arguing the judge did not have jurisdiction to impose such a penalty.
Edward Bradbury, of Edward R Bradbury, Ellis Quay, Dublin 7, says in his affidavit to the High Court that he was acting for a bailed defendant in a criminal case listed for hearing before Judge David Kennedy at Arklow District Court on June 11th last.
Mr Bradbury submits, however, he could not make it to the hearing as he was required to attend Dún Laoghaire District Court on the same day to represent a different client who was remanded in custody.
He said he could not procure counsel to attend the case that morning and asked a solicitor colleague to deal with it on his behalf.
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Despite the requested solicitor, Padraig Hyland, principal at Padraig J Hyland & Co, Arklow, Co Wicklow, attending and being willing to conclude the summary matter, it was adjourned to September because the defendant wished to have Mr Bradbury’s office present.
Mr Bradbury submits that, later in the day, he received an email from Mr Hyland’s office outlining that the District Judge “had purported to fine me [Mr Bradbury] personally in the sum of €500”. The judge had expressed his dissatisfaction and noted that the case was specially fixed for hearing at the request of the defence, and the prosecution was ready to go, the email outlined.
Two days later, on June 13th, Mr Bradbury says he received an email from the court that read: “The judge has ordered that Edward Bradbury be fined €500 with one month to pay, €500 to be paid to the Court Poor Box.”
Mr Bradbury’s solicitors wrote to the District Court office and indicated that the District judge did not have the jurisdiction to make such an order and that it was made without formal notification for him to engage representation “in the interests of natural justice and fair procedures”.
Mr Bradbury submits his solicitor told the District Court that in the absence of a formal court order, he would not be paying the fine and would take no further action should the matter rest there. He said he told the District Court that, if an order was issued for the €500, judicial review proceedings would be commenced from the date of issue.
On August 13th, Mr Bradbury’s solicitor received the order compelling him to pay.
Mr Bradbury submits: “The court poor box is a common law creation, which allows those seeking to to avoid conviction offer a contribution to a charitable cause – its existence is predicated on the remorse of the party making the contribution.”
He further claims the poor box “has no place in the supervision of a member of a regulated profession for matters which arise in the course of his profession”.
At the High Court on Monday, John Berry SC for Mr Bradbury successfully applied to Ms Justice Mary Rose Gearty for leave to pursue the challenge to the fine.
Ms Justice Gearty adjourned the matter to the new year.
