When we hear about a serious crime that happened locally or maybe in the news, we automatically want to know, what were the circumstances of the crime? Who did it? Will they be caught? What will their punishment be?
It’s also a normal reaction to jump to conclusions of guilt, when you hear parts of the story and start piecing it together…‘their partner has been arrested’, ‘a male in his 30’s has been charged’. You assume guilt, even though, we know we’re meant to do the opposite and find out all of the facts first. For all we know, the male in his 30’s who was charged, may very well have been in Eddie Rockets, chomping down on a cheese please and an Oreo milkshake, when the crime occurred.
I have been asked many times, “How can you defend that sort of lad?” That is something that most criminal defence solicitors ask themselves, but if you can’t see beyond the charge and recognise that there might not be a case to answer, then it’s time to take up something else. It is a human and constitutional right to be permitted a defence and indeed for fair procedure to prevail no matter how serious the allegation. The basic rule of law demands that a person or company be afforded due process.
Defence solicitors are not Judge’s or jurors. We are there to peruse the evidence and offer the client our advices to permit them to make an informed decision. Whether a client is innocent or guilty is a matter for the Judge or Jury and is not something that a criminal defence lawyer should concern themselves with.
On the hugely popular TV series ‘Making a murderer’, the subject Steven Avery - a Wisconsin man who served 18 years in prison for rape and attempted murder, before being exonerated by new DNA evidence, is a prime example of justice gone wrong. Could this happen in Ireland? Or, indeed, have similar events occurred?
Wrongly convicted: Miscarriages of justice in Ireland
FEICHIN HANNON Granted a certificate of miscarriage of justice after his conviction for sexual assault in 1999 was quashed when the complainant admitted she had invented the allegations.
NORA WALL A nun accused of rape following false allegations by two women who later admitted lying, Wall served four days of a life sentence in 1999 before her conviction was quashed. The trial took place against the background of widespread revelations about clerical child abuse, which may have influenced the jury. In 2005, Wall was declared the victim of a miscarriage of justice.
Evidence from all countries is that mistaken identification is the most common reason for wrongful convictions, as honest witnesses often make mistakes. Think about that. Imagine being accused of a crime because you looked like someone who committed it, and you were in the wrong place, at the wrong time? Steven Avery knows all about it.
When it comes to justice, we all have our jobs to do in the legal game. When working with An Garda Síochána, I think an appreciation of each other’s roles is crucial. It is important to understand each other’s responsibilities and duties. From the lawyer’s perspective taking into account a suspect’s right to a fair trial, and for Gardai, fairly representing the interests of victims/witnesses of crime and society in general.
It was the late, great Martin Luther King Jr who said “Injustice anywhere is a threat to justice everywhere”. Although, by its very nature, the work that criminal lawyers do is complicated and hard to understand, it is vital in order to maintain justice and ensure fair outcomes for anyone up against legal charges. Criminal defence lawyers are simply doing their duty to defend a citizen whose rights are protected and cannot be easily taken away.
Most of us look forward to Christmas and all the festive fun it can bring, but we also know it can put even more financial pressure on some, particularly those already struggling to pay their bills. The biggest bill for most, being their mortgage. In fact, the Central Bank revealed that there were 87,796 accounts in mortgage arrears at the end of June this year - add the cost of Christmas into the mix for these families, and things suddenly don’t seem quite so festive.
For anyone worried about mortgage payments, or your bank is taking you to court over your mortgage arrears, there is free financial and legal advice available for anyone who needs it. Abhaile and MABS are a few of the fantastic services that can help mortgage holders in arrears to find the best solutions, and to keep them in their own homes, wherever possible. For some cases, court proceedings can even mark the beginning of a positive resolution process.
What to do if you receive a court summons?
Lenders can be aggressive in their communications when a borrower has been missing mortgage repayments or not paying the full repayment amount each month. It can start to feel very overwhelming and very stressful, very fast. Taking action and steps to resolve the issue, will help you feel back in control.
If you do get summonsed to court, the first thing to do is to get independent financial advice from the Abhaile service via your local MABS office or the MABS helpline (0761 07 2000). If you haven’t already discussed options with your lender, make contact with them to explain your situation – believe it or not, the banks are open to making alternative arrangements regarding repayments. The Central Bank has a Code of Conduct for Mortgage Arrears (CCMA) and lenders must work with you to help get you back on track with your mortgage.
Can they take my home?
Any borrower in fear of losing their home should know the legislative protections available to them. For example, the court can postpone repossession proceedings for up to two months, to allow the borrower to explore the possibility of putting in place a Personal Insolvency Arrangement under the Land and Conveyancing Reform Law, 2013.
A Personal Insolvency Arrangement or PIA, is a court-approved agreement between you and your creditor. It allows for the restructuring and write-off of debt, with the aim of keeping you in your home where possible. Borrowers can access the services of a Personal Insolvency Practitioner for free via Abhaile.
Cooperation is key. If you do not cooperate, you are at greater risk of losing your home, as you will lose the protection of the CCMA.
Do I need to attend court in person?
If your name is on a court list, it is always my advice to show up, if possible. It shows respect for the court and it’s also an opportunity for your side of the story to be heard. As I said at the start, it could also be an opportunity for a resolution. Proof of repayments or efforts made to pay towards them, will go a long way in fighting your corner in court too.
Do you need a Solicitor?
It is up to you – some of the more complicated cases definitely benefit from legal advice. Under the Abhaile scheme, you can have a free face-to-face meeting with a solicitor (a Duty Solicitor), who will explain your legal situation and advise you how best to resolve it. If you do not have a solicitor for court, there are Abhaile Duty Solicitors and Court Mentors offering free support at every Circuit Court sitting too.
The court has issued a repossession order. What happens now?
In April to June this year alone, 343 homes were repossessed over mortgage arrears. In these cases, a resolution had not been reached after repeat hearings, and the court ruled in the lender’s favour, giving permission to repossess these houses. If this happens, the court may grant a “stay”: a grace period allowing you to stay in your home for three to six months before the lender is permitted to take possession of it. After a repossession order is granted, you can still appeal the ruling to a higher court, or make contact with your bank to see if alternative agreements can be reached.
It’s never too late to try and come to a resolution. For anyone in fear of fear of losing their family home, the services mentioned here, can help and offer support. Especially, if needed, in the run up to Christmas. Abhaile is jointly coordinated and funded by the Department of Justice and Equality and the Department of Social Protection. MABS, the Insolvency Service of Ireland, the Legal Aid Board and the Citizens Information Board are working together to administer the Abhaile scheme. These initiatives have never been more important, and combined with national reforms to make improvements to Ireland’s housing crisis, can make a real difference to the lives of our neighbours, who are just trying to pay their ‘Abhaile’ bills.