288 / 336
to follow all avenues open to us". The three Q.C.s,
their juniors, and another firm of solicitors involved,
are also expected to appeal.
Police alleged to have planted fingerprint evidence
The judge's attack on the lawyers centred on a
defence claim that police had "planted" fingerprint
evidence. Aiming his words at the Q.C.s, Mr. John
Platts-Mills, Mr. David Turner-Samuels, and Mr. Peter
Dow, he said counsel should be more than "mere loud-
speakers of a maladjusted set".
Counsel's duty was not discharged by "slavish sub-
servience" to his client's instructions; the client was
entitled to the judgment and experience of counsel in
conducting the defence. "One would have hoped that
that judgement and experience would have spared the
police and their witnesses the insulting suggestions
made in the case. It has been a mud-slinging defence."
Professional rule that barrister must accept any brief
Immediately, after the judge made his remarks, Mr.
Patrick Neill, the Chairman of the Bar Council, issued
a statement insisting that it would be a sad day for the
Bar when a barrister was deterred from doing his duty
by any fear of official displeasure or hope of political
advantage.
It was a rule of the profession that a barrister must
accept any brief, and it was not the barrister's job to
judge the veracity of the brief.
The Judge recommended that the Court Taxing Offi-
cer, who assesses what fees on Legal Aid are payable to
lawyers, should make cuts in the costs incurred by the
defence as a result of its contentious claims. It is
reported that the Taxing Officer consulted the Judge
before making the cut.
Mr. Goodman says that his firm has lost £2,387.
Each Q.C.'s loss is estimated at about £2,000. Although
(continued from page 277)
them or by ordering it direct from Professional Books
Limited.
Mr. David Kirk
of Professional Books Ltd., Abing-
don, Berkshire, said he had had association with Ireland
for many years, starting with the publication of Paul
O'Higgins'
Bibliography of Irish Law.
He had become
aware of the difficulties in obtaining Irish Reports, and
was happy to state that he had made arrangements with
the Incorporated Council of Law Reporting to publish
the Irish Reports until 1974, and that these would be
available in 1976. He was convinced that John Wylie's
book would serve a most useful purpose, as he and
Mr. Justice Kenny had contributed to a work of
immense scholarship.
The President,
Mr. W. A. Osborne,
congratulated
Mr. Justice Kenny and the Arthur Cox Foundation
for having chosen such a splendid author to write on
such a difficult subject of law. In view of the fact that
the right of ownership was more fostered in Ireland
Judges could recommend that lawyers' fees be reduced
on account of negligence or some other form of mis-
conduct, Mr. Goodman believed this cut was "unpre-
cedented in a case of this nature".
The firm is likely to initiate its appeal proceedings
soon, but the result will not be known until after the
appeal of the eight accused of the Uxbridge bombing is
hears. Their appeal hearing begins on November 17th.
Defence counsel might be debarred from putting up
specific defences
What is concerning many leading barristers now is
the danger that if Mr. Justice Melford Stevenson's fee
cut recommendation is to be established as a precedent,
"a defendant may well be concerned as to how vigor-
ously his defence will be pursued".
The threat of a cut in fees could make some barristers
think twice about putting forward a specific line of
defence, on which his client has instructed him, in case
this m
;
ght get an unfavourable reaction from the Judge,
thus leading to a conflict of interest between the
barrister and his client.
The Bar Council's Professional Conduct Committee
is understood to have investigated Judge Melford
Stevenson's trial remarks but is unlikely to comment on
them until after the Uxbridge eight appeal.
The Press Association reports: Nearly 40 Labour
M.P.s yesterday attacked Mr. Justice Melford Steven-
son in a House of Commons motion accusing him of
attempting to intimidate defence lawyers from carrying
out their clients' wishes.
The motion "regards with grave concern the attempt
by the Judge to intimidate defence lawyers from carry-
ing out the wishes of their clients".
Note—The Professional Conduct Committee of the
Bar Council has fully upheld the conduct of Counsel
in the case, and stated that they are entilled-to^their
full fees.
/ c V E T y Vv
Ap
° A
U LIBRARY jg
dp
than elsewhere, it had been an ideal of the late
Arthur Cox, to help in producing a work on Irish Land
Law. There would not be a full realisation of the
immense work of erudite compilation and learning
involved, which Mr. Justice Kenny's happy partnership
with the author had underlined. He was happy that
the Law Society would not charge any agency fees for
selling the book.
Mr.
John
Wylie thanked the many persons, too
numerous to mention, who had helped him. As con-
sultant editor, Mr. Justice Kenny had volunteered to
accept the correctness of all statements of law relating
to the Republic of Ireland. He was greatly indebted to
Mr. Kirk, who did not hesitate to enlist an enormous
amount of capital in the project. He was convinced
that the fact that a confirmed academic lawyer like
himself had co-operated so closely with a practitioner
like Mr. Justice Kenny would greatly enhance the value
of the book.
. 2 81