JACKSON ‘PAID A HIGH PRICE’ RUGBY STAR SEEKS TO HAVE LEGAL COSTS AWARDED
FORMER Ireland and Ulster rugby player Paddy Jackson is without employment and has no offers of work following the high-profile trial held in Belfast, a court heard yesterday.
As an application was made at Belfast Crown Court to award Mr Jackson his legal costs following the “not guilty” verdict at the end of March, the barrister who represented the sportsman at the nine-and-a-half week trial today said his client “has paid an enormous price for the events of that night, despite what we would say was a resounding acquittal”.
Brendan Kelly QC also spoke of the “pollution via Twitter” and on other forms of social media both during and after the trial, adding Mr Jackson’s employment as a rugby player was terminated “on the basis of text messages”.
During yesterday’s application — which was made to Judge Patricia Smyth, who presided over the trial — it emerged that Mr Jackson (26), from south Belfast, had paid his legal fees and that after he was charged his employers halved his wages.
He has now applied to the court to have this money refunded by the Public Prosecution Service.
Mr Jackson and three co-accused were acquitted of offences arising from an alleged incident in his bedroom in the early hours of June 28, 2016. Mr Jackson was cleared by a jury of raping and sexually assaulting a then 19year old student, and his teammate Stuart Olding (25) was also acquitted a rape.
Blane McIlroy (26) was acquitted of exposure, while 25-yearold Rory Harrison was cleared of perverting the course of justice and withholding information.
Mr Kelly told the court he was bringing the application under the Costs of Criminal Cases Act, NI and that this was a rare move, given that most defendants here are granted legal aid.
He said that “in this jurisdiction there is no real concept of central funds” and called for Mr Jackson — the “acquitted applicant” — to have his legal costs refunded.
Regarding the costs incurred by the former Irish international, Mr Kelly said the trial was initially scheduled to last between three to five weeks, but ended up spanning a period of nine-and-ahalf weeks.
Saying some of the delays in the trial were “unavoidable and unique”, Mr Kelly spoke of days lost to jury sickness and issues arising with the “unparalleled level of publicity” — none of which, he said, could be attributed in any way to Mr Jackson.
The barrister also highlighted the delay in time between the complainant going to the PSNI, and the case coming to court.
The QC said: “It is inexcusable in a well-funded, properly run system of justice that a defendant of good character, times four, should wait for 13 months before they find their fate is to prosecute.”
All these delays, Mr Kelly said, resulted in “uncontrolled intrusion on his (Mr Jackson’s) finances”.
“This has led to him being further out of pocket,” he said.
Revealing Mr Jackson is “without employment” and with no pending offers of employment, Mr Kelly revealed Mr Jackson’s parents “greatly assisted” with the “substantial” legal fees from their retirement fund.
Telling the court the application was “not to punish the Crown”, Mr Kelly added: “It is made against them because in Northern Ireland there is no place to go, other than the Crown.
“In other jurisdic t i ons t here is, here there isn’t.”
Responding, Crown barrister Toby Hedworth QC, spoke of an “absence of precedents” for such applications. Telling the court the prosecution against Mr Jackson and his three co-defendants was “warranted”, Mr Hedworth spoke of the potential “unseen pressures” that may be considered by prosecutors when making decisions about whether or not cases should proceed if it was ruled the Crown would have to pay the costs of defendants who are not granted legal aid and who are subsequently acquitted.
Mr Hedworth said Mr Jackson “embarked upon a course where he chose to have representation that he paid for privately”.
The lawyer added that as his legal fees mounted, Mr Jackson could have followed Mr Olding’s example by applying for legal aid, but “his choice was not to do so”.
The prosecutor told Judge Smyth that while he accepted this was an “unusual area”, this was not a case where court costs should be covered by the PPS.
Judge Smyth reserved judgment on the application and she is expected to hear a similar application made on behalf of Mr Olding, who initially funded his own defence but who was granted legal aid halfway through the trial.