Justice John Coughlan, who has already been in trouble with the Supreme Court over his colourful turn of phrase, has incurred the wrath of the office of the director of public prosecutions for imprisoning defendants awaiting trial.
After a spate of cases last year in which he refused bail, decisions that were immediately overturned by a higher court, the DPP’s office threatened to seek the cost of the appeals cases from the judge. The threat was only lifted after a senior colleague intervened and had a quiet word with Coughlan.
One of Ireland’s busiest judges, Coughlan has had an unusually high number of successful habeas corpus appeals made against his judgments by people he has imprisoned.
His reasons for refusing bail are “the stuff of legend”, according to lawyers who have appeared before him.
Last year he imprisoned Eric Leahy, who allegedly posed as a charity collector. When Leahy’s solicitor indicated she would appeal the refusal of bail, the judge said: “You can tell them in the High Court precisely what I think. He is the scum of the earth.”
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Leahy was freed hours later following a successful habeas corpus application, which cost the state about €20,000.
Last March even the Supreme Court noted the “unusual”, “improper” and “wrong” remarks Coughlan had made about defendants.
Coughlan’s appeals record is understood to have caused concern in the DPP’s office following an almost unprecedented four habeas corpus applications filed after one sitting of Kilmainham district court last year. The office of the DPP, which cannot interfere with the independent functions of the judiciary, indicated that it would, nevertheless, seek the costs of the successful appeals.
A senior judge is understood to have met with Coughlan, and while neither would discuss the meeting last week, legal sources said the number of appeals arising from Coughlan’s decision has since dropped.
“He was a significant problem in the past,” said one barrister familiar with the DPP’s appeals cases. “Everyone was aware of the number of ‘habos’ emanating from his court, but he has calmed down considerably.”
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Four years ago, following the May Day riots, Coughlan jailed 12 young demonstrators for public order offences. Although they had no previous convictions, the judge ordered that the protesters be kept in custody for a week. They were released on bail hours later by a High Court judge, on certain conditions.
In another case, two travellers were charged with assault causing harm and were refused bail by Coughlan who said his decision was based on “whether the man is going to go out and murder someone”.
Last September the high costs of appeals was impressed upon DPP staff in a special lecture on bail proceedings given by a leading barrister. Despite only lasting half an hour in court, each application lost by the state costs up to €25,000 in legal fees.
“Habeas corpus should not be used as a routine bail remedy,” said Kevin Costello, a lecturer in law at University College, Dublin. “It’s an emergency procedure that supersedes all other remedies and is a windfall for applicants who secure release.”
The procedure is also a windfall for lawyers. In recent months some judges have started to take a tougher line by turning the applications into regular High Court bail hearings, amid concerns that huge fees are creating a cottage industry for criminal lawyers.
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The difference in legal fees is huge. A defence lawyer earns €207 to appear on behalf of a client who appeals refusal of bail through the High Court. But a senior counsel is paid €8,000 for a successful habeas corpus application, while lawyers get €10,000 and junior counsel €6,000 for each successful case.