VISITING District Court Judge Thomas Fitzpatrick has refused to hear any contested or Family Law cases in the "atrocious" conditions of Falcarragh District Court.
Judge Fitzpatrick said the Church hall next to St Finian's Church was "totally unsuitable for use as a Court house".
He made his comments at Falcarragh District Court on Wednesday when all the defendants could not be accommodated in the long, narrow rectangular room. The wooden floor, poor accoustics and inadequate seating and facilities could not accommodate solicitors, Gardai, court staff, press and the public. Up to forty people were forced to stand at the rear of the room, while others struggled to find a seat on the plastic chairs, or stood outside.
The Judge presides over the court from a temporary wooden stage and makeshift table. Judge Fitzpatrick said it was "a downright insult to ask the court to sit in these conditions."
A total of 25 cases had been listed for hearing, and another 83 defendants were to appear before the court on charge sheets. Only a small number of guilty pleas were eventually heard.
In protest at the poor conditions, Judge Fitzpatrick acceded to a submission by Mr Peter Nolan BL to strike out a case without prejudice. In an unprecedented move, Judge Fitzpatrick said he was using this as a test case to send out a message to the court service in their "ivory tower" in Dublin. The case can be re-entered again, which Mr Nolan plans to appeal in the High Court to highlight the appalling conditions of the Donegal Court Service.
Objecting to the incessant noise and stuffy conditions solicitor Mr Paudge Dorrian said the acoustics in the court room made it impossible to hear any witness. He also pointed out that the room was in breach of all fire and health and safety regulations.
Judge Fitzpatrick agreed. "If there were a fire in the bottom half of the court room. Where would I go? Out the window!".
He said he had made his feelings clear 12 months previously and Judge John O'Donnell had also refused to sit in Falcarragh but returned on a promise from the Court Service that the accommodation was
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a temporary solution. Mr Dorrian asked Judge Fitzpatrick to refuse to sit in Falcarragh District Court until adequate Court facilities were provided. He said there were ample accessible buildings in Falcarragh, Gortahork and Dunfanaghy which the Court Service could rent.
Garda Superintendent Jim Gallagher raised concerns that the local community would be discommoded if there were no court sitting in Falcarragh and people were forced to travel to Letterkenny. He asked that cases be adjourned to January if they could not be heard but Judge Fitzpatrick complained that it was merely a "paper pushing exercise". Already there was treble the amount of cases to be dealt with on January 24 next (the next scheduled sitting), he said.
Judge Fitzpatrick replied: "The local community can make their complaints known to the Court Service and the Department of Justice. Maybe they will listen to the public because they are not listening to me or anyone else working at the coal face. The reality is Donegal is a very large county and needs two judges."
The debate on the conditions of the court house continued for a number of hours as case after case listed for hearing was adjourned to the January sittings. Supt Gallagher gave an undertaking to write to the Court service to ask for new facilities. Mr Nolan made a submission to strike out a case in which his client faced prosecution for a breach of a barring order.
"I'm asking you to strike out this case and add a rider that you will not hear it until there are appropriate facilities in Falcarragh."
"I would like to see the President of the High Court sitting where you are now. He wouldn't do it."
Judge Fitzpatrick replied that there would be a nationwide strike if the court service was forced out of their "ivory tower" to work in the same conditions that exist in Falcarragh.
