QC mounts a robust defence after Paisley criticism

Thursday, 2 July 2009

A top barrister who claimed Ian Paisley Jnr seemed to want to go to jail for refusing to name a confidential source has hit back at stinging criticism from the MLA.

John Larkin QC issued a staunch defence of his professional work as the judge who imposed a £5,000 fine on Mr Paisley for contempt of court decided against jailing him if he refuses to pay on time.

Instead, a warrant would be issued at that stage, which could see assets or bank accounts seized.

The DUP Assembly Member was handed the financial penalty for defying an order to co-operate with the inquiry into the murder of loyalist leader Billy Wright.

The tribunal wanted Mr Paisley to reveal the name of an officer who told him about an alleged file destruction policy within the Northern Ireland Prison Service.

His stance means he will be at least £50,000 out of pocket when the fine, which he has three months to pay, is added to the legal bill for the High Court case.

Following Mr Justice Gillen's decision on Tuesday Mr Paisley rounded on claims by Mr Larkin, who appeared for the inquiry, that he would relish being sent to prison for non-compliance with the order.

The DUP MLA accused the barrister of “flippant and nasty” remarks when his alleged desire for custody was likened to brandishing a whip before Formula One boss Max Mosley.

He also said: “John will come to regret the day he said those things.”

But Mr Larkin, who is expected to be appointed Attorney General for Northern Ireland once policing and justice powers are devolved, responded yesterday in the High Court.

In a thinly-veiled response to Mr Paisley's comments, he said: “Counsel act always on instructions. Every client is entitled to the zealous and independent service of an advocate.

“That zealous, independent service should not be compromised by the popularity or unpopularity of the cause, or by blandishments or menaces inside or outside the court. That is the basis on which I have conducted this on behalf of the Inquiry.”

Mr Paisley refused to co-operate with a direction to name the prison officer he says told him about emergency moves to scrap up to 5,600 files after notorious terrorist Wright, leader of the Loyalist Volunteer Force, was shot dead inside the Maze jail in December 1997.

The inquiry examining claims of collusion surrounding the paramilitary chief's assassination obtained the order against him in April.

But Mr Paisley insists he he cannot break a pledge of confidentiality given to his informant and vowed to take the name to his grave.

Following further submissions yesterday Mr Justice Gillen opted against threatening the politician with up to three months in jail if he does not pay the fine.

Instead he included a warrant of distress in the order which allows for the seizure of assets or bank accounts up to the level of the penalty imposed. This will come into play should Mr Paisley fail to pay up.

The DUP man's counsel, Joseph Aiken, had again stressed that he was not seeking imprisonment.

Mr Aiken pointed out how the fine was only a fraction of the full legal cost of the case for his client.

He said: “I'm asking your Lordship to take into account the fact (rather) than just £5,000 there's £50,000 on the table that Mr Paisley is going to have to discharge.” Last night it was reported that Mr Paisley had asked his solicitor to lodge a complaint with the Bar Council over Mr Larkin’s comments.

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