Dublin: A District Court judge has warned a solicitor that he may not be permitted to argue cases in court in the future if he fails to dress appropriately.
Judge Andrew Cody issued the warning to solicitor Aunghas McCarthy, who appeared on behalf of a man charged with driving while in possession of a mobile phone. McCarthy was wearing black jeans, a sky-blue shirt and a tie.
Jonathan Condron, of Loughgate, Portarlington, denied the charge, which related to an incident on February 17. Garda O’Keefe told the court that proceedings began after the defendant was allegedly seen holding a mobile phone while driving.
McCarthy argued that the defendant’s call records had not been examined and that no incoming or outgoing calls had been made when the vehicle was stopped. Gardaí confirmed that no such checks had been carried out.
However, they pointed out that the summons concerned possession of a mobile phone rather than making or receiving a call.
McCarthy argued that a device could only be classified as a mobile phone if it was capable of communication. Judge Cody rejected the argument, stating that the garda had told the court he had seen the defendant in possession of a mobile phone.
The judge then raised concerns about McCarthy’s clothing.
“Next time you come to court, you should dress appropriately. If you don’t come dressed appropriately, you won’t have the right to argue in this court,” Judge Cody said.
McCarthy responded that he did not personally appreciate the judge’s comment.
The court was also told that Condron had 17 previous convictions, including offences relating to theft, burglary, drugs and road traffic matters.
McCarthy argued that Gardaí had failed to follow the required legal procedures and that the case should therefore be dismissed. Judge Cody rejected the argument and found Condron guilty.
The defendant was fined €400 and given three months to pay. The judge also accepted McCarthy’s request to allow his client to enter into a €100 bond and lodge a €1,500 cash deposit in connection with an appeal.
Solicitor Raises Attire Issue in Subsequent Case
The issue of McCarthy’s clothing arose again later during a separate case, this time after the solicitor himself raised the matter.
McCarthy was representing Reece Delaney Mooney, from Kilcormac, County Offaly, in a speeding case. He asked the court to dismiss the summons because the GoSafe officer who had provided information in the case was on leave and unavailable to give evidence.
Judge Cody accepted the Garda argument that the officer was entitled to take leave and adjourned the case until December 10.
McCarthy then questioned whether judges were required to remain impartial and avoid appearing to favour the State. He also referred to the earlier exchange concerning his attire, raising questions about the judge’s comments and the manner in which the proceedings had been handled.
Irish Samachar English News