229 / 262
(5) The fee payable to the Official Assignee on the
realisation of assets in bankruptcy (currently at \ per
cent) should either be abolished or limited to a maxi-
mum of £25.
Eighteenth Interim Report of the Committee on Court
Practice and Procedure dealing with the Execution of
Money Judgments. lOp.
(1) The committee recommend that money judg-
ments in the District Court and Circuit Court should
be of the same status as High Court judgments. There-
fore the lower Courts should have similar jurisdiction
as the High Court as to the making of the various
forms of execution orders, stop orders, etc., allowing
procedure and implementation to be governed by the
rules of each Court.
(2) The judgment mortgage system should be re-
placed. In its place a Central Judgments Registry
attached to the High Court should be established
established wherein all judgments for £100 or more
should be registered. The registration would operate
as a legal charge on all interest (other than as trustee)
of the judgment-debtor in immovable property vested
in him at the date of registration or vesting in him
thereafter during the lifetime of the judgment. Mr.
Justice Kenny of the High Court dissents to this recom-
mendation which he believes would considerably delay
conclusion of all sales of land. For example the regis-
tration of a judgment against Sean Murphy would
mean the purchasers from every person bearing that
name would have to be conclusively satisfied that the
person from whom they are buying is not the same
person against whom the judgment has been entered.
MURDER TRIAL LAWYERS GET THE SACK
A young Dublin man on a murder charge sacked his
counsel and solicitor in the Central Criminal Court
yesterday and was granted a new trial. Among other
things, the defendant, William Gannon (21), said his
lawyers had made a deal against his wishes with the
prosecution involving his pleading guilty to man-
slaughter. Gannon, of St. Brigid's Flats, Sheriff Street,
is charged with murdering 21-year-old barman James
Booth earlier this year at an O'Connell Street lounge
bar. He pleads not guilty.
Yesterday he told Mr. Justice Kenny that his counsel
had also refused to cross-examine all prosecution wit-
nesses according to his instructions, and had failed to
turn up at his earlier District Court hearing.
When the Court sat yesterday morning, Gannon rose
in the dock and told Mr. Justice Kenny : "I want to
sack my counsel on the grounds that this man told me
last night that he had made a deal with the State
counsel that I plead guilty in the case."
Brother's Plea
One of Gannon's brothers came from the body of the
Court and said that the senior defence counsel in the
case, Mr. Padraig Boyd, had suggested in the presence
of the accused's family that he plead guilty to a charge
of manslaughter. "This is not fair to him and I wish to
protest most strongly in the interests of justice," he
declared.
Gannon told the Court that he had drawn up a list
of questions which he wanted his counsel to put to
witnesses who appeared in the case yesterday. Counsel
had refused to do this, despite the fact that the ques-
tions were to the point. The defendant said that the
Justice in the District Court would confirm that his
counsel, appointed under free legal aid, had failed to
appear at earlier hearings.
When told by Mr. Justice Kenny that he would have
to defend himself, Gannon replied that he would ask
the Court to appoint new counsel and would ask for
time to instruct them. "I want a new trial," he declared.
The State prosecutor, Mr. Noel K. Macdonald, S.C.,
who earlier objected to a new trial, said that while no
injustice would be done to the accused, i twas impor-
tant that justice also be seen to be done and said that
the matter of a new trial was a matter for Justice Kenny.
He denied that any deal had been done.
Discussions
Mr. Padraig Boyd, who led the defence team, which
included Mr. David Montgomery, B.L., and Mr. Fergus
Taaffe, solicitor, said he had had consultations with the
prosecution which was normal legal practice. In his
discussions with his client he had suggested a certain
course.
Mr. Justice Kenny said he was prepared to accede to
Mr. Gannon's request for a new trial though he wanted
it clearly understood that it might not now take place
until after Christmas and in the meantime the accused
would have to remain in custody.
Irish Independent
(4 October 1973)
SOLICITORS' GOLFING SOCIETY
Autumn outing at Hermitage Golf Club on Friday,
28th September 1973. Results :
Captain's Prize : 1st, David Bell (18), 36 points; 2nd,
John O'Donnell (11), 30 points (on second nine).
St. Patrick's Plate: 1st, W. R. White (8), 31 points;
2nd, B. O'Brien Kenney (4), 30 points (on second
nine).
Veteran's Cup : 1st, Dan Lynch (6), 25 points; 2nd,
M. E. Hanahoe (23), 24 points.
Handicaps 14 and Under: 1st, M. A. O'Carroll (5), 31
points; 2nd, P. L. Tracey (8), 30 points (on second
nine).
Handicaps 15 and Over: 1st, Michael Kelly (18), 32
points; 2nd, P. D. Fallon (17), 29 points.
First Nine : George O'Sullivan (7), 17 points.
Second Nine : W. E. T. Bradshaw (14), 16 points.
Competitor from more than 30 Miles : M. P. Keane
(8), 27 points (on second nine).
Best Score of 3 Cards by Lo t: Barry Doyle (10) 26
points.
226