Judge criticises rape trial delay

Mr Justice Carney of the High Court has warned he may not certify for junior counsel in future for rape and murder cases unless…

Mr Justice Carney of the High Court has warned he may not certify for junior counsel in future for rape and murder cases unless they are prepared to act in the unavoidable absence of their senior counsel.

He made his comment when "with great reluctance" he agreed to adjourn the start of a rape trial on the application of a junior counsel because his senior in the case had been delayed in another trial.

Mr Justice Carney noted the workload of the Central Criminal Court had increased by 57 per cent in recent times, and some 150 murder and serious sex assault cases are now being returned annually.

There was now a very long delay of nine months or so in getting cases on for trial.

READ MORE

He said the situation had been exacerbated by some very long trials, and there had also been disagreements in two such cases recently.

Two of the three judges assigned to the Central Criminal Court had been tied up in long trials. It was extremely unsatisfactory if a day had to be left blank.

It was very unfair to leave the complainant in rape cases waiting for the hearing to start, and he did not want accused persons to leave the court with a grievance feeling they had not had a fair and just trial.

Mr Justice Carney added: "I have said repeatedly over recent months that if senior counsel are absent the junior counsel should be ready to take over.