Lack of space in Kildare courthouse means three year old case can't be heard

A lack of space at Naas Courthouse meant that a family law hearing could not take place there.

The family law case centres on an interim care order relating to three children, was scheduled to be heard over four days in May.

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However a representative of Tusla, the Child and Family Agency, said that there was no capacity in the building to hear the case at that time because a regular circuit court sitting was due to take place as well as a separate circuit court case.

No alternative date was available to hear the case which concerns the parents and children of an Asian family.

Judge Desmond Zaidan said he had not been told that a courtroom was not available and added “I can’t keep adjourning this case because of a system failure.”

He said that if this continues he would have to strike the case out adding “it’s been on my list for some time.”

Having contacted the office of the President of the District Court, Judge Zaidan said later that while a delay of four years is "extraordinary" there are not enough judges to hear all of the cases and not enough staff within the Courts Service.

“There has to be a degree of finality after this time. It’s morally wrong and it’s legally wrong.”

He said he feels sorry for the family but “I am stuck between a lack of judges and a lack of staff.”

He also said that the office of the President of the District court will make contact with the Courts Service locally seeking a four day sitting, possibly in September.

Adjourning the case, he also made provision for two language translators to attend.

There are plans to extend the premises but, apart from the purchase of land to the back of the premises, there appears to have been little progress.

Naas Courthouse is one of the busiest in the country.

Over four years ago, then Fianna Fail TD James Lawless, who is also a barrister who as worked in the courthouse, said the Department of Justice would  be examining all the options for the expansion of the building, which is one of the most significant buildings in Naas from an architectural and historical viewpoint. He also said he has made representations to the Department of Justice regarding the court services in north Kildare, which are currently operating at capacity. “They are under severe pressure due to the volume of work they are expected to complete and the continuous growth in the area that this court has to cover here in Kildare.”