Judge asks lawyers to take defamation defence for free

Full text available at http://www.irishtimes.com/newspaper/ireland/2012/0706/1224319511398.html

A JUDGE yesterday appealed to lawyers to consider giving their services free to a woman traffic warden who is being sued by a Donegal county councillor.

The judge refused to go ahead with the defamation case because the defendant did not have legal representation. The judge said the woman’s rights were not being respected if she was refused legal aid in such a case.The judge said he believed Ms McCafferty, of Main Street, Bundoran, was being deprived of her human rights without legal representation.

Ms McCafferty was defending an accusation by Cllr Seán McEniff that she had defamed him in a letter sent to Donegal County Council on January 5th, 2009, which made serious criticisms of him.

When the case was called at Donegal Circuit Civil Court, Ms McCafferty, who represented herself, said her application for free legal aid had been rejected for the third time, despite the judge previously urging her to seek it.

Peter Nolan, counsel for Mr McEniff, who is also a member of Bundoran town council, said Ms McCafferty had not been denied free legal aid because of her means but because, under Irish law, free legal aid was not available for the defence of defamation.The judge said that seemed unfair to him and questioned whether the law was “in violation of the European Court of Human Rights”.

The Judge refused to allow the case to proceed. The Judge did not see how the defendant could take part in this case without legal aid as it put her at a serious disadvantage.

The judge noted that it was his duty to ensure the parties were on a level playing field.

The judge adjourned the case again, until the next Donegal town session, and advised Ms McCafferty to explore her options, including approaching a Free Legal Advice Centre or Citizens’ Information bureau.

He said another option was to approach a solicitor to take on the case pro bono in the interests of justice. He hoped some solicitors in the Donegal area might be willing to give her the benefit of their expertise.

Brophy Solicitors

06.07.12