A MAN accused of a sexual assault, who has chosen to represent himself in court, told a judge she is denying him his constitutional right by refusing to allow him have a friend in court to confer with.
The man, who cannot be named for legal reasons, was due to have his case heard before Judge Carol Anne Coolican at Kilmallock District Court.
The court was cleared of everyone other than the media and those directly involved in the hearing, but before any witnesses were called, Judge Coolican was introduced to a man whom the accused described as his “McKenzie Friend’.
A McKenzie Friend is the legal term for a person who is allowed to assist a lay litigant in court by observing, taking notes, or advising, but the cannot address the court or examine witnesses.
Judge Coolican had also been asked to adjudicate on a submission from the prosecution that the accused should not be allowed to personally cross examine the alleged victim.
The judge was told by the prosecution that the person the accused had brought to court to act as his McKenzie Friend “is well known to the alleged victim”, and she ruled that he could not act in the role for the accused because of that.
The accused man told the court that both he and the alleged victim “come from a rural area … She lives in the next parish. I have to have someone I can trust and it’s impossible to find someone who would not know the people involved.”
The accused told the judge he wanted her to “state a case to the High Court (explaining) why you are denying me my right to my McKenzie Friend”.
He said he needed the support “to defend myself properly … to refuse me is an interference with my constitutional rights”.
Judge Coolican adjourned the matter until April 8. She told the accused man that she would deal with the application from the State that he not be allowed to cross examine the alleged witness on that date.
The judge stressed that she was giving the accused an opportunity to find an alternative McKenzie Friend or to engage legal representation who could cross examine the alleged injured party.
