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Tens of thousands of subpoenas are overdue in the Irish court system because the pandemic prevented them from being processed.
Figures published in RTÉ’s Morning Ireland show that 95,000 subpoenas, which are legal documents that summon people to court, are stuck in the court system.
The Covid-19 pandemic led the judicial service to stop scheduling subpoenas for hearing dates from March to the end of July.
The Courts Service said the delays occurred because it was necessary to reduce the number of people in court due to Covid-19.
The highest accumulation of citations was recorded in mid-October, when it reached 122,000.
Starting in July, the Court Service began processing subpoenas and erasing a backlog of 101,000 subpoenas, but in doing so, 4,600 new subpoenas entered the system each week.
Compared to other years, the accumulation of 95,000 citations is unprecedented. The Court Service does not usually produce confirmed delays, as subpoenas are processed continuously from month to month and from one year to the next.
Sinn Féin Justice spokesperson Martin Kenny will question Justice Minister Helen McEntee on the issue at the Dáil today.
Mr. Kenny asks for more resources for the judicial system.
“It has many implications for the legal system and the services of both our lawyers and the judiciary. I will ask the minister what plan she has to deal with this to make sure there are adequate resources there and that there are additional funds.” if necessary, provide those resources where they are needed throughout the service across the country, “said Mr. Kenny.
Last week, in response to a parliamentary question from Mr. Kenny, the minister said she acknowledged that there is a backlog of subpoenas.
“I was informed that the pandemic caused the Courts Service to stop scheduling subpoenas from March through the end of July. When scheduling was restarted, a backlog of subpoena requests accumulated,” McEntee said.
“The Courts Service is working with An Garda Síochána to implement a plan to clear this delay in the coming months and have these matters before the Courts as soon as possible.”
Padraig O’Connell, a Killarney-based attorney who specializes in criminal law, told RTÉ’s Morning Ireland that efforts to reduce arrears have not fully reached the Kerry district courts.
“There are people who have not received their citations and how the dogs in the street know that justice delayed is justice denied,” O’Connell said.
Tom O’Malley, Senior Lecturer in Law at NUI Galway, says the cases arising from the subpoenas could go ahead in principle.
“All of those cases that we are talking about could at least in theory be heard. In some of the cases there may be arguments that the accused person has some prejudice as a result of the delay,” O’Malley said.
He added that “generally speaking, if there is a significant delay,” a court has the power to resolve a case.
Peter Mullan, Director of Circuit and District Court Services for Operations, said a combination of scheduling, increased court time, working with the judiciary and gardaí helped reduce the backlog of citations.
The Courts Service has stepped up its efforts to reduce the backlog with 55,000 subpoenas scheduled for the courts since mid-October.
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