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Family at 'breaking point' over potential delay to manslaughter case

Julian O'NeillCrime and justice correspondent, BBC News NI
News imageMcCollum family A middle-aged man with dark short hair that us greying at the sides. He is looking toward the camera and is wearing a white button down shirt. He is sitting in front of some cream curtains with a floral design. McCollum family
A man is due to go on trial next week in relation to the death

A family have said they are at "breaking point" over the potential postponement of a court case caught up in the ongoing barristers' dispute involving legal aid fees.

Ian McCollum, 52, was killed in a workplace accident in Newry in 2022.

A man is due to stand trial in relation to the incident next week, but it will only go ahead if the Criminal Bar Association (CBA) exempts it from strike action.

Justice Minister Naomi Long, who has met the McCollum family, has urged the CBA "to show some empathy". The CBA said that following representations it will meet the McCollum family on Thursday.

Mr McCollum's widow, Kathryn, said any delay would put a strain on her health.

"If it doesn't happen, we have nothing to work towards.

"We don't know when the strike will end. We don't know when we may get another court date.

"Could it be five years since my husband was killed and I'm still waiting for this awful chapter to end?"

News imageA middle-aged woman is standing in front of the door of a house. The door is dark brown wood effect, with a leaded style glass panel. She has chin length auburn hair and is wearing a blue knitted vest top over a blue and white striped shirt.
Kathryn McCollum said a delay would put a strain on her health

MLAs in her south Antrim constituency, as well as its MP Robin Swann, have written a joint letter to the CBA asking it to allow the trial to proceed on schedule.

The letter states: "The continuing impact of the strike has only added further distress and frustration for a family who simply wish to see the legal process come to a conclusion."

It notes that the CBA has previously exempted some other cases from its strike.

It adds: "We urge the association to show the same understanding and compassion."

In a statement, Long said it was disappointing that Mr McCollum's family did not know where things stand.

She added: "It is also extremely disheartening that a grieving family feels compelled to appeal for a trial to go ahead; that their pain should be compounded by having to speak so publicly about this intolerable situation.

"No family should ever be put in this position and yet sadly they are not unique."

Barristers' strike

The strike action, which commenced in January, has meant that no Crown Court cases involving defendants who require legal aid can proceed.

Long commissioned an "accelerated review" of legal aid fees in February.

Her statement continued: "I now have that report and I am considering the recommendations as a matter of urgency.

"I hope that it will finally bring an end to this entirely unnecessary action by the CBA.

"However, I must stress that whatever the outcome of the review, it is entirely within the gift of the CBA to allow this case, and other cases, to proceed."

In a statement the CBA said its position had "remained consistent" during the withdrawal of services and the action was taken as "a regrettable last resort".

It added that it was looking to the Department of Justice to help create the conditions "which will enable a full return to work in all Crown Court matters as soon as possible, so that no family is placed in the position where a derogation is sought.

"To that end, we look forward to the minister considering the outcomes of the Accelerated Review with urgency and purpose, so that progress that can made."