A 72-YEAR-OLD MAN was brought before Portlaoise District Court earlier this morning charged with the murder of his wife.

Eugen Constantin from Church Street, Portlaoise is charged with the murder of his 50-year-old wife Adina Raluca Constantin at their home on 25 Church Street, Portlaoise on Sunday 5 July.

Detective Garda Sergeant Mark O’Connell from the Detective Unit in Portlaoise said that when charged and cautioned the defendant replied: “Yes I understand.”

Defending solicitor Philip Meagher said that the services of a Romanian interpreter had been engaged for the case.

He said due to the nature of the charge he could not apply to the District Court for bail but would make one to the High Court in due course.

Judge Andrew Cody remanded Mr Constantin in custody to Cloverhill Prison to the 17 July sitting of the court to appear by video link.

Referring to the ongoing dispute between solicitors and the Department of Justice over reforms of the Free Legal Aid scheme, Mr Meagher said that Mr Constantin is a private client, “and is not affected by the situation that the court would be aware of”.

He said that his client is being treated for cancer and other medical conditions and asked that his medical prescription would travel with him to Cloverhill and that he obtains an immediate medical assessment on his arrival at the prison, as “he’s been in custody for the past 48 hours.”

Judge Cody then enquired from Det. O’Connell that during Mr Constantin’s 48-hours in custody, “did he have access to a solicitor?”

Det. O’Connell said that numerous attempts were made to contact solicitors, both criminal and civil practitioners, and that none were available or could not have phone consultations with the defendant.

Judge Cody asked: “How many phone calls were made,” to which Det. O’Connell replied: “Roughly upwards of 40 phone calls,” and “not one solicitor attended the garda station,” said the Judge.

Judge Cody then went on to quote directly from a statement issued by the Law Society of Ireland on 20 October last year and urged the society and solicitors to, “rise above shameless hypocrisy.”

Judge Cody said: “This is a man whom I’m told is receiving treatment for cancer. He’s on his 70s and is charged with the most serious crime on our status book. I think it is worth mentioning that statement.”

Reading directly from the statement entitled ‘On equal access to legal representation’ Judge Cody said it read that: “Every person, regardless of their background or the nature of their case, is entitled to competent and fair legal representation.

“This principle is fundamental to a just society and is enshrined in Ireland’s legal system. 

“In a society founded on respect for the rule of law, solicitors fulfil a special role in the administration of justice and as officers of the court. Solicitors have a duty to provide legal advice and services, and act in the best interests of their clients, independently and without regard to personal opinions and external influences. 

“Solicitors cannot discriminate in favour or against any person on the grounds of race, colour, nationality, sex, language, religion, political or other opinion, national or social origin, property, birth, economic or other status. 

“These principles are provided for by the United Nations Basic Principles on the Role of Lawyers, in the Council of Europe Convention for the Protection of the Profession of Lawyer, and in the Law Society’s Solicitors’ Guide to Professional Conduct. 

“For public trust in the legal system to continue, everyone in Ireland must have effective and equal access to legal representation. Access to justice, which is fundamental to a functioning democracy, must be protected.”

Judge Cody said: “That’s the statement from the Law Society just nine-months ago.  In my view the refusal of several solicitors following 40 phone calls to attend a garda station when requested by a detained suspect can be argued to undermine the fundamental safeguarding of the criminal justice system. Namely, the accused person’s right to effective legal aid assistance.”

He said: “A suspect is at their most vulnerable when being questioned by gardaí and may not fully understand their legal rights or consequences in their answers. This is glaringly obvious to somebody whose first language is not English, a gentleman in his 70s and is suffering from cancer.

“The failure of the solicitor’s profession, supported by unfortunately by the Law Society to effectively guarantee his fundamental rights is in my view disgraceful. The solicitor’s profession and the Law Society need to immediately and fundamentally review their position, if their statement on the 20 October last year is to rise above shameless hypocrisy”.

A suspect in custody is entitled to be represented and advised by a solicitor in any interview with gardaí.