A trainee solicitor was thanked by a judge at Wood Green Crown Court, London, this morning for stepping up to the plate on behalf of a client charged with grievous bodily harm. 

Paralegal Alice Dyer, of London firm Payton’s Solicitors, appeared by video on the first day of a trial to direct the judge’s attention to a bail application in a hearing of a case that seems set to be delayed by at least five months because of the bar dispute. 

His Honour Judge Noel Lucas, recorder of Haringey, heard that the prosecution would have been ready to proceed but for the absence of counsel for the defence. 

The court head that defendant Babacar Diame had refused to appear either in person or on video in a hearing to extend the custody time limit - allegedly because his solicitor had told him that the bar protest would mean his trial would not go ahead. Dyer told the judge that she was not aware of her firm making any such statement. ‘That is what I anticipated. Thank you very much,’ the judge said. 

Dyer directed the judge to a bail application based on a change in circumstances. The judge noted that the defendant had been in custody for almost a year, since 11 September 2021. ‘I have some sympathy with the suggestion that further lengthy delay might constitute a change in circumstances,’ he said. However he declined to grant bail and extended the custody time limit to 20 February 2023. 

The trial was fixed for 13 February 2023. 

Addressing Dyer, the judge said: ‘May I thank you personally for attending. It has been very helpful to have you in the room.’

In the following case, the judge admitted an 18-year-old defendant on ‘county lines’ drug charges for bail, subject to conditions on travel, social contact and the use of mobile phones. ‘In light of the bar’s action it is likely to take some considerable time for this case to be resolved,’ he observed. 

Defence counsel did appear at another hearing, the sentencing of an 81-year-ol man for a serious of sexual offences against young girls. John Cox of North London was sentenced to a total of eight years for what the judge described as ‘predatory behaviour’ over four decades.

Elsewhere, three men were sentenced at Southwark Crown Court without legal representation as a result of the industrial action, for offences which the court heard took place ‘three years ago next week’.

Michael Lukeman, 54, of west London, had pleaded guilty to one count of violent disorder in relation to a pro-Brexit demonstration in London in September 2019. He earlier pleaded guilty to assault occasioning actual bodily harm and battery at another protest the previous month. James McDermott, 57, of Stevenage, previously pleaded guilty to one count of violent disorder in relation to the September 2019 protest. Matthew Murphy, 43, of Borehamwood, north London, pleaded guilty to one count of affray in relation to that demonstration.

The trio were told by Judge Christopher Hehir that he was not going to send them to prison and that he could sentence them though they were unrepresented, as they were all over the age of 21 and had previously been jailed. The judge said: ‘I have no idea how long the barristers’ strike is going to go on. It might finish next week, it might go on for months.’

Asked whether they wanted to be sentenced today, Murphy said: ‘Go ahead and do it.’ Lukeman replied: ‘I have no issues with you dealing with me today.’ McDermott told the judge: ‘I would like you to go ahead with it.’

Hehir told all three men that it was ‘not your fault’ that they were unrepresented and said he had received ‘courteous’ representations from their legal teams about why they could not attend. The judge said it was ‘appropriate and in the interests of justice for each of you to be sentenced by me today’, as he was not imposing any immediate custodial sentences and because of the length of time since the offences were committed. ‘These matters have been hanging over each of you for a long time indeed,’ he added.

 

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