The Gazette 1961 - 64

without leave, the investigation could be held in private at the discretion of the magistrates and only after 1848 did a prisoner become entitled to get copies of the indictment and lists of prosecution witnesses. Since 1924 these investigations were now held in public before a trained lawyer, the District Justice. The learned lecturer then reviewed some recent decisions arising from the power of a District Justice to return the accused for trial or to refuse informations in a preliminary investigation— Attorney-Generals. CoLleary (1935—69I.L.T.R. 233) The State (Attorney General) v. Judge Roe (1951 I.R. 172) and The People v. Boggan (1958 I.R. 67). The lecturer then compared the Continental inquis itorial system, and the Irish accusatorial system and suggested that the Continental system was not suited to the Irish temperament. Mr. Justice Davitt pointed out that the preliminary investigation provided a screening where the accused was informed of the nature of the case he would have to answer and was confronted with the prosecution witnesses whose evidence, taken down in writing, could not subsequently be altered; these were invaluable safeguards. Mr. Edward Fahy, B.L., stated that there were unwarrantable delays in the District Court, due, in his opinion, to the archaic system of taking depositions by long hand; more Justices should be appointed in Dublin, because justice, to be effective, should be speedy. Some system of recording device for depositions should be con sidered. Mr. Herman Good stated that in his opinion a decision of a Justice was a judicial determination. Skilled personnel should be employed in taking depositions, as at present much un necessary matter was inserted. Mr. Justice Kenny suggested that depositions in the District Court could be taken in the form of sworn affidavits. Dr. Hickey (State Pathologist), Mr. O'Donovan (Chief State Solicitor), Mr. Eoin O'Mahony, B.L. and Mr. T. D. McLoughlin also spoke. Mr. Justice Walsh, in replying to the discussion, favoured affidavit evidence provided the accused was entitled to hear and see the witnesses first; he thought the best recording processes were either the dictaphone memo-belt or the shorthand machine which could not be altered. The lecturer thought that all preliminary investigations should be in private unless the defence specifically requested them to be in public. Mr. Justice Murnaghan, President of the Society, presided. THE DUBLIN SOLICITORS' BAR ASSOCIATION A joint meeting was held with members of the Belfast Solicitors' Bar Association at Dundalk, 95

the courts, with the view to seeing whether or not the cost of litigation could be reduced for litigants. I hope that committee will be set up shortly and I think we can be reasonably hopeful that arising out of its work some reduction in legal costs generally may be able to be made. MR. SHERWIN : There is a need for some sort of scale because I had a case where I got a bill for £40. AN LEAS-CHEANN COMHAIRLE : Perhaps the Deputy will put a question ? MR. SHERWIN : Is the Minister aware that I got a demand for £40 and when I went to the Taxing Master, it was reduced to £2.0 ? Not everyone is aware of the Taxing Master and therefore the simple people are taken advantage of. MR. M. F. MURPHY : Will the Minister indicate what action is to be taken by a person who feels he has been charged excessively for a particular legal business he has had, let it be a law case or a payment for the discharge of equities, title or any such incidental matters, the conveyancing of land or premises ? What steps is he to take if the bill of costs frightens him, as in some cases it does, if he believes it is excessive ? I should like the Minister to make a statement on that matter. MR. HAUGHEY : There are two main avenues of approach open to him, if he feels he has been charged in this way. Firstly, as Deputy Sherwin mentioned, there is the Taxing Master. A client can always ask to have his bill of costs taxed and there is a procedure set out for that and then the correct fees will be determined by the Taxing Master. Alternatively, if it is not a matter which comes within the ambit of the Taxing Master, one of the courses open to the client is to refer the matter to the Incorporated Law Society which has general jurisdiction over the behaviour of solicitors. MR. SHERWIN : This is an important matter." (Ddil Debates, 15th February, 1962.) MEDICO-LEGAL SOCIETY OF IRELAND Mr. Justice Walsh delivered a lecture on the " Preliminary Investigation of Indictable Offences " to the Medico-Legal Society in the Royal Hibernian Hotel, Dublin, on Thursday, 22nd February, 1962. The learned lecturer traced the history of justices of the peace and of the grand jury since the Middle Ages; he pointed out that there were about 20,000 justices of the peace in England, most of them laymen, who were assisted by their clerk who was a trained lawyer. Their main purpose as regards indictable offences was to hear the evidence put forward by the prosecution and to decide whether a prima facie case had been established to return the accused for trial to a higher court. For a long time counsel for the accused could not examine witnesses