High Court reserves judgment on action to take on lawyers accused of misconduct

About this case:

• Judgment:
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In a recent judgment, Mr Justice David Keane said lawyers for Thomas Bebenek had used litigation as a “strategy or tactic” to delay his deportation for long enough so that authorities would have to make a new deportation order which could again be challenged in the courts.

He said the solicitor and barrister failed to properly inform the court of the relevant law concerning the case as was their obligation as officers of the court, particularly in a complex area such as immigration law.

The matter returned before the judge on Wednesday when the judge heard submissions from the lawyers’ legal representatives on issues and questions raised by the judge in regards to the lawyer’s conduct.

Among the options being considered by the Judge is whether to refer the matters to the lawyers’ respective regulatory bodies, the Law Society of Ireland and the Bar Council of Ireland.

Patrick Leonard SC, appearing with Joe Jeffers BL for the solicitor, told the court there had been “a system’s failure” within the solicitor’s then practice and steps had been taken to address these failures.

He said his client would be complying with several recommendations from a consultant to ensure there was no repeat of what had occurred, and there was no intention to mislead the court in the matter.

Eileen Barrington SC for the barrister said that court should not take the case any further. Her client, who at the time was in his second year at the bar, has accepted that a mistake was made and had apologised to the court. The matter should be let lie, counsel submitted.

Following the conclusion of submissions, Mr Justice Keane said he was reserving his decision.

Aodhan O Faolain, Ireland International News Agency Ltd.