A criminal case involving one of the M9 crash teenagers was adjourned because of Jim O’Callaghan’s “bullheaded” attitude to legal aid reforms, the Social Democrats have argued. 

Emilia Pustkowska, the mother of Kamil Pustkowski, has told the Irish Mail on Sunday that she pleaded with a judge to jail him the last time he was brought before a court. 

However, the case was adjourned because of a legal strike by criminal solicitors unhappy with changes to legal aid. 

Following reforms introduced by Justice Minister Jim O’Callaghan, criminal solicitors will now be paid a single fee of €520 per case heard in the District Court, instead of a daily rate of €240 for the first appearance and then €60 for each subsequent day in court. 

M9 crash

Minister O’Callaghan described the previous system as not something that he could “stand over”, arguing it was costing taxpayers a “significant amount of money”. 

Criminal solicitors have argued the new system fails to recognise the “complexity” of their work and believe it will put “the most vulnerable in our society” at risk.

On The Claire Byrne Show, Social Democrats TD Gary Gannon said the Fianna Fáil TD must shoulder the blame for delays in the justice system. 

“I think this is something that is inevitable, not necessarily the specific incident, but from the very moment that this was proposed, it was proposed in a very haphazard manner,” he argued. 

“When you enact the measure in the way that the Minister did, not only without any substantial consultation, but also in a way that was quite dismissive, arrogant, aggressive towards the profession, they [criminal solicitors] in my view, rightfully withdrew their labour. 

“The consequences of that are deeply profound in our criminal justice system; it is chaos down there at the moment. 

“So, obviously, we hear the tragic story that's in the paper today, but there's thousands of cases which have been adjourned.”

The Dublin Central TD continued that he does not believe that the “full consequences of Justice Minister O'Callaghan's decision have truly been felt”, with a huge backlog in cases now due to be heard when the courts resume in September. 

“Nobody was ever able to pick a particular instance and say, ‘This will happen’,” he said. 

“But we did say that there would be victims who would be awaiting justice, there would be people who were on the streets who should be in prison. 

“The fact of the matter is the Minister has been bullheaded about this and it's now become more about Jim O'Callaghan's resolve, rather about the efficacy of our justice system, which as it stands, is in chaos.”

Fianna Fáil has been contacted for comment.

Main image: Kamil Pustkowski and Jim O'Callaghan. Right image by: Alamy.com.