Page 316 - Pages from 8. 2017 New 26-05-21 No Table- 2nd Half

bundle and make sure that it was indexed correctly. The Appellant handed the documents
in to the court that The Appellant mother was able to get ready with the new indexing, the
Appellant mother also stated that she knew there was still documents missing from The
Appellant's bundle, which she was not sure about neither had she been given time in
which to add them. The Appellant mother also stated that there were around thirteen
statements that had never been seen and that were now contained within the Respondent
bundle that was dated prior to the Magistrate's trial.
158. The Judge was very unhappy and passed the Applicants mother his own bundle for
her to check by seeing if the Courts bundles had been updated, upon looking into the
Judge's bundle, she noticed that his bundle had also not been updated since 2015, the
Appellant mother passed the Judge's bundle back up the judge while explaining to him
that his folder had not been updated. At this the Respondent stated they would make new
copies of the bundles and have copies sent to us and the Judge.
170,
159. The Judge was very unhappy and said he was not going to allow this to be dropped
and again made the clerk of the Court make a phone call to Michael Carroll and co, to
order them to attend Court on the 14/10/2016, in regards to the missing documents.
160. I stated I would try and add as many missing documents as I could but was unsure of
what documents were missing, the reason being as so much had been handed to the court
and solicitors.
161. The Appellant mother asked the Judge if the Appellant would need to attend Court on
the 14/10/2016, as the hearing was due to only be regards to the missing documents, The
Appellant mother felt The Appellant did not need to be there the Judge agreed to this.
162. On the 14 October 2016 Mr A Cordell and the Appellant's mother attended Court on
this date, the solicitors did not turn up, The Appellant mother had a list of documents that
she had made up and indexed that needed to be added to The Appellant's bundle's, which
she passed to the Judge. She stated to the Judge that she could not be sure if there were
still documents missing. She also stated that she had tried to call Miss Ward and had no
reply. The Judge was very upset that the solicitors had not turned up; the Judge again got
the clerk of the Court to email Michael Carroll and co to tell them that they had to be in
Court on the 19/10/2016.
163. The Appellant mother also stated to the Judge that she had made many phone calls to
other solicitors and due to the case being at the Appeal stage no one was willing to take
the Appeal on due to the cost they would get under legal aid, in more detail it was
explained that legal aid is a set amount and continued to explain that the solicitors dealing
with the Appeal should be the same solicitors that dealt with the original trial, Appeals are
set at a standard rate, so any solicitor taking on a case would not get paid to go over the
complete bundles and to take updated instructions from the client.
164. Again the Appellant mother asked the Judge if The Appellant needed to attend Court
on the next date, to which the Judge replied no.
165. On the 19/10/2016 again Mr A Cordell and the Appellants mother attended Court, to
find out that once again the solicitors was not in attendance, the Judge had received a
letter from Michael Carroll constating that Miss Ward no longer worked for the company,
the Judge was very upset and said he was not going to allow the issue of: the “Missing
documents, legal aid certificate “to be dropped, the Judge asked the clerk of the Court to
email Michael Carroll and co, so for them to attend Court on the 25/10/2016.
166. The Appellants mother again stated to the Judge that she had made many phone calls
to other solicitors to try and get them to take over the Appeal, and due to the case being
Appeal stage no one was willing to take the Appeal on due to the cost they would not get
under legal aid and that it was a set amount agreed for all cases, as legal aid believed that