A 39-year old Dublin man has been unable for a third time to enter a guilty plea to the harassment of an ex-Clare senior inter-county hurler, Páidí Fitzpatrick due to the solicitors’ dispute over flat rate criminal aid payments.
In the case, Damien Lee of Locklane, Clonburris, Dublin 22 is charged with the harassment of Padraig Fitzpatrick on dates between September 17th 2020 and June 24th 2021 at various locations within the State.
At Ennis Circuit Court, counsel for the State, Sarah Jane Comerford BL told Judge Francis Comerford that “it has been indicated for sometime that a plea will be forthcoming”.
Ms Comerford said that the case would have to be further adjourned as Mr Lee remains unable to enter a plea and Judge Francis Comerford further remanded Mr Lee on continuing bail on the same terms to October 27th to fix a date for arraignment.
Mr Lee’s court appearance was the third time he has appeared before Ennis Circuit Court with the intention of pleading guilty to the harassment offence.
Mr Lee last appeared before the court in July when he was unable to enter a guilty plea to the dispute and this followed a June appearance where Ms Comerford told the court previously it had been agreed before June 22nd that Mr Lee would be arraigned on June 22nd at Ennis Circuit Court but that couldn’t proceed over the solicitors’ withdrawal of service.
Solicitors in Clare have ceased their withdrawal of services in the criminal legal aid row but Mr Lee’s solicitor is Limerick based Daniel Kreith who remains in dispute with the Department over the flat rate €520 criminal legal aid payment.
Mr Kreith told the court that he could not give instructions in the case due to the withdrawal of services in the dispute concerning criminal legal aid payments. Mr Lee was in court to hear his solicitor explain why the case could not proceed.
The charge against Mr Lee is contrary to Section 10(1) and (6) of the Non-Fatal Offences Against the Person Act, 1997 as amended by Section 10 of the Harassment, Harmful Communications and Related Offences Act 2020.
The ending of the period of the alleged harassment to June 24th 2021 came just three days before Páidí Fitzpatrick made his Munster senior hurling championship debut for Clare at Semple Stadium against Waterford at the age of 30.
Sixmilebridge club man, Páidí Fitzpatrick made his Clare senior hurling debut against Dublin in March 2020 and he has five senior Clare hurling club titles with Sixmilebridge.
Those convicted of harassment under Section 10 of the Non-Fatal Offences Against the Person Act face prison terms up to 10 years.
