The Five Demands

Supergrass lawyers ‘waste public money’ (UTV)
The judge in the supergrass trail has accused both prosecution and defence lawyers of wasting public money in their handling of the case – the largest terrorist trial in Northern Ireland in over a quarter of a century.
Mr Justice Gillien initially complained to prosecution QC Gordon Kerr for not having enough witnesses for the second day running, before turning on defence lead barrister Frank O’Donoghue for time wasting in having unchallenged witnesses giving direct evidence.
The Crown Court judge’s criticism of the lawyers came as the case had to adjoun earlier than planned because the court had run out of evidence to hear for the second consecutive day.
At one stage as Mr Kerr attempted to explain the reason for the trial having “pulled up short”, Mr Justice Gillen said he was “anxious that we make maximum use of time to ensure that public money is properly saved”.
The judge later suggested that the court “have more witness than we can handle, rather than less …….it is a terrible waste of public money when the court has to rise for absolutely no need”.
Mr Kerr who said he was doing his “best”, explained that when the first of supergrass brothers Robert Stewart had earlier taken ill, police had “to trawl around” looking for witnesses to plug the gap.
He reminded the court that three of those witnesses, whose evidence was expected to last at least half a day, had in turn refused to give evidence.
The top prosecution lawyer said that Stewart should be well enough to return to the witness-box by Monday, but if not, other witnesses will be available, with Strewart’s brother Ian being called to give evidence on Tuesday, if agreed.
Mr Kerr also revealed that on at least five or six occasions the prosecution had attempted to agree the evidence of certain witnesses with the defence, but “rarely got any response”.
Mr Justice Gillen then complained to the defence of court time had been waisted in up to 25 witnesses, which in his view, were unnecessarily called “from distances beyond Belfast” to give undisputed and unchallenged evidence.
“Is there an attempt being made to agree witnesses, rather than the expenditure of public money,” the judge asked of Mr O’Donoghue QC, the first of the defence counsel for the 14 accused facing a catalogue of loyalist UVF terrorist crimes.
While Mr O’Donoghue replied that as far as he was concerned, he’d made efforts to agree witnesses, he did accept that maybe there needed “to be more co-ordination between defence counsel” on the matter.
He added that he would “re-double” his efforts in an attempt to come to some agreement on which witnesses should be called to give evidence in future.
In conclusion Mr Justice Gillen suggested that since the court had to adjourn early that counsel in the case use “that time at least” in trying to reach agreement between them.