Some judges and barristers no longer feel safe in the courtroom following a recent series of violent incidents and the Government is to be asked to introduce new laws to protect them.
The proposals are being put together by the Law Reform Commission (LRC) after complaints from judges and barristers across the State.
Earlier this month, a female barrister had a sharp object held to her throat by a man she was representing in the Family Court in Dublin. While she was unhurt, she was left badly shaken and three prison officers were injured after coming to her aid.
The incident has angered the legal community and barristers have been contacting the Bar of Ireland to voice their concern for lawyers’ safety and for the safety of witnesses and litigants in the Family Court.
A spokeswoman for the Bar of Ireland said it has been advocating on the issue of courtroom violence behind the scenes for some time.
“While we do not comment on individual cases for reasons of confidentiality and in sensitivity to those involved, this shocking event and other recent high-profile incidents involving assaults on barristers are of utmost concern to the Bar of Ireland,” she said.
“Issues of safety and security for barristers are an absolute priority for the Bar and these matters have been raised with the offices of the Chief Justice, President of the High Court and the Courts Service.”
Prosecutor punched
In April, Vesel Jahiri, a man later found guilty of murder, punched the prosecuting senior counsel in the face during the trial, breaking his nose. Two years ago, a Family Court judge was assaulted by a plaintiff during a hearing in a domestic violence case. In another case, a convicted rapist is currently under investigation for making threats to kill his legal team. And in a previously unreported incident, a man is being investigated for allegedly beating his partner in front of a judge during another domestic violence court hearing.
As well as violence in the courtroom, members of the judiciary and senior lawyers are said to be alarmed by an increase in courtroom protests in recent years by anti-home repossession campaigners.
In March 2015, proceedings at Castlebar Circuit Court were halted twice in one day due to protests from the National Land League of Ireland and Integrity Ireland. The protesters received a warning over the incidents.
There is also concern about activists attempting to perform citizen’s arrest on judges and court officials. Castlebar District Court was adjourned in chaos in September 2015 after Integrity Ireland protesters told Judge Kevin Kilrane that he was “in dishonour” and was being “placed under citizen’s arrest”.
According to senior legal sources, the LRC’s recommendations, which will be published later this year, will be part of a wider initiative to reform the area of contempt of court which critics call archaic and vague.
Specific offences
At present there is no specific offence of disrupting a court. Judges can deal with disturbances in their courtroom using the rules of "contempt in facie curiae" (contempt in the face of the court) under which offenders can be immediately imprisoned for an unlimited period of time.
However, the LRC has previously found that these powers are poorly understood by the public and that judges are reluctant to use them.
It also has concerns that contempt laws force a judge to act as “complainant, prosecutor, witness and decision-maker in the case”.
The proposed laws would take the matter out of the judge’s hands. It would be up to the gardaí and Director of Public Prosecutions to decide whether to bring charges and the defendant would be entitled to a traditional trial before a different judge.
“It does make sense to take the decision away from the judge who is essentially the complainant,” said barrister Mary Rose Gearty SC. However, she warned judges should be left with some power of discipline in their court.
“If you remove entirely the power a judge has in terms of contempt of court, she becomes essentially powerless. There has to be a situation where a judge can deal immediately with rudeness or actual aggression.”
It is also hoped new laws would "send a message that such behaviour will not be tolerated", a senior judge told The Irish Times.
The new offences would include assaulting an officer of the court and disturbing court proceedings. They would be dealt with at either District or Circuit Court level depending on the severity of the alleged offence.
The LRC held a consultation with judges and barristers last month to discuss the issue. There was a large turnout and it is understood members of the commission were surprised by the strength of feeling among judges who did not feel safe. However, some practitioners feel new laws are not the answer and a bigger security presence in courtrooms is needed, particularly in the Family Courts where there is a minimal Garda presence.
Guards on patrol
Security in the Four Courts and the Criminal Courts of Justice is now largely handled by the private firm G4S. Security guards patrol the buildings but do not enter courtrooms.
“It’s nonsense,” barrister Dean Kelly said. “It’s always been a crime to put a knife to someone’s throat and you don’t need a special law for when it’s a judge or a barrister. What’s needed is a security presence in the courtrooms, something that is not being provided at the moment.”
The recently retired State solicitor for Limerick, Michael Murray, agrees.
“The lack of guards allocated to court duty was a problem when I practised. There seems to be a particular problem in the family law courts where there is a heated environment. It’s also a problem in the criminal courts but it’s not as volatile,” he said.
“If there isn’t a security presence there, God only knows what will happen because you’re dealing with some potentially very violent and unstable people.”
