Lack of suitable facilities means yet another term of Kerry Circuit Court sessions to be held outside the county

24th February 2022

THE the absence of a suitable courthouse in Kerry is forcing judges, juries, solicitors, defendants and complainants out of one of Ireland’s largest counties.

Kerry politicians and judicial campaigners are furious that yet another term of Circuit Court sessions will have to be held outside the Kingdom because of unsuitable court facilities in Tralee and Killarney.

Unsuitable court facilities in Kerry have resulted in cases from the county being staged in either Limerick or Cork throughout the Covid-19 pandemic.

Sinn Féin TD Pa Daly said it was totally unacceptable for such trials to take place in Limerick – with major inconvenience caused for Kerry-based officials ranging from solicitors and barristers to defendants, complainants, witnesses and jurors.

The Kerry TD warned in some cases, this could result in gardaí, witnesses and other officials being forced to travel out of the county for up to five weeks at a time.

Department of Justice and Court Service officials are considering options for developing a modern new courthouse in Tralee either through a major refurbishment of the existing Ashe Street building or a new structure at a greenfield or brownfield site in the town.

Plans have been disrupted by the impact of Covid-19 on Irish court operations.

But a senior judge has already warned of the risk of an action over the failure to comply with the strict terms of the Disability Act.

Tralee Courthouse ranks as one of the most historic structures in Ireland but has been plagued by outdated facilities, lack of space and poor infrastructure for the disabled.

All Kerry jury trials are currently being heard in Limerick which boasts a new criminal courts building, with leading Kerry solicitors warning the situation is untenable.

Kerry’s two primary courthouses in Tralee and Killarney have both been slated as outdated and not fit for purpose.

Justice Minister Helen McEntee acknowledged a decision on a new courthouse for Tralee needed to be made soon.

However, she was noncommittal to Radio Kerry on where that structure would be located.

Many locals in Tralee want the historic Ashe Street courthouse to be refurbished and kept in use for heritage reasons.

Built in 1834, the building was designed by William Vitruvius Morrison and it became famous for large cannons from the Crimean and Indian Wars being installed on plinths outside the structure.

It is accessed by a flight of steps which has posed problems for the disabled.

Over 100 years ago it also provided a meeting place for Kerry County Council.

Others favour a new purpose-built structure within the town with several favouring the Island of Geese site.

In that scenario, the old Tralee courthouse could be used for alternative heritage or arts purposes.

Two years ago, Circuit Court Judge Brian O’Callaghan pointed out that court structures had to comply with the Disability Act and personally wrote to the Courts Service about Tralee Courthouse which is not wheelchair accessible.

He warned it was “an embarrassment to us all” where the only alternative for wheelchair users at Tralee is for them to be physically lifted up the courthouse steps.