Family at Breaking Point Over Trial Delay
A family has expressed that they are at "breaking point" due to the potential postponement of a court case affected by the ongoing dispute among barristers regarding legal aid fees.
Ian McCollum, aged 52, died in a workplace accident in Newry in 2022.
A man is scheduled to stand trial in connection with the incident next week; however, the trial will only proceed if the Criminal Bar Association (CBA) grants an exemption from its strike action.
Justice Minister Naomi Long, who has met with the McCollum family, has urged the CBA to "show some empathy". The CBA has stated that following representations, it will meet the McCollum family on Thursday.
Mr McCollum's widow, Kathryn, expressed the toll any delay would take on her health.
If it doesn't happen, we have nothing to work towards.
We don't know when the strike will end. We don't know when we may get another court date.
Could it be five years since my husband was killed and I'm still waiting for this awful chapter to end?
Political Support for Trial to Proceed
Members of the Legislative Assembly (MLAs) from her South Antrim constituency, along with its Member of Parliament Robin Swann, have jointly written to the CBA requesting that the trial proceed as scheduled.
The letter states:
The continuing impact of the strike has only added further distress and frustration for a family who simply wish to see the legal process come to a conclusion.
It notes that the CBA has previously exempted certain other cases from its strike action.
The letter adds:
We urge the association to show the same understanding and compassion.
Justice Minister's Statement
In a statement, Justice Minister Naomi Long described it as disappointing that the McCollum family remains uncertain about the status of the case.
It is also extremely disheartening that a grieving family feels compelled to appeal for a trial to go ahead; that their pain should be compounded by having to speak so publicly about this intolerable situation.
No family should ever be put in this position and yet sadly they are not unique.
Impact of Strike Action
The strike, which began in January, has resulted in the suspension of all Crown Court cases involving defendants who require legal aid.
In response, Minister Long commissioned an "accelerated review" of legal aid fees in February.
Her statement continued:
I now have that report and I am considering the recommendations as a matter of urgency.
I hope that it will finally bring an end to this entirely unnecessary action by the CBA.
However, I must stress that whatever the outcome of the review, it is entirely within the gift of the CBA to allow this case, and other cases, to proceed.
CBA's Position
In a statement, the CBA said its position has "remained consistent" throughout the withdrawal of services and that the strike action was taken as a "regrettable last resort".
The association added that it is looking to the Department of Justice to help establish conditions "which will enable a full return to work in all Crown Court matters as soon as possible, so that no family is placed in the position where a derogation is sought."
It further stated:
To that end, we look forward to the minister considering the outcomes of the Accelerated Review with urgency and purpose, so that progress that can made.
