November 2014
£320,000 legal aid bill for notorious child murderer … and he didn’t even take the stand
A remorseless killer who beat a toddler to death in one of Northern Ireland’s most horrific crimes received almost £320,000 in legal aid.
The sadistic thug killed 15-month-old Millie Martin in a savage attack in December 2009.
Last year McCarney was ordered to serve at least 25 years for murdering the 15-month-old daughter of his former partner
During last years ten week trial the court heard that in addition to the fatal blow to the back of her head, Baby Millie had suffered a multitude of other injuries, including horrific internal injuries which could have proved just as fatal.
These injuries to her abdomen had been caused by punching or prodding not only in the weeks, but possibly even in the hours before her death.
They juty found McCarney guilty of child murder and sexual assault
Barry McCarney was one of 13 murderers handed tens of thousands of pounds from the public purse to fund their defence.
He received £317,863 in legal aid during his 10-week trial, even though he refused to give evidence in his own defence.
An investigation by this newspaper into legal aid payments found 13 people convicted of murder in a single year received almost £750,000.
The payouts include:
£110,000 for Aaron Wallace and Jeff Lewis, who were involved in the sectarian murder of Catholic teenager Michael McIlveen;
£52,000 for IRA killer Seamus Kearney, who shot dead an off-duty RUC man as he visited his newborn son in hospital in 1981;
£48,000 for Phelim McNally, who murdered his ex-girlfriend’s teenage sister in what a judge said was an “act of extraordinary wickedness”;
£21,000 for Robert Scott, who stabbed his childhood friend 21 times before going to a party celebrating the 2011 royal wedding;
£24,000 for serial criminal Samuel Dunwoody, who strangled a 68-year-old widow in a botched robbery.
Legal aid is the publicly-funded system which gives people access to legal representation where they couldn’t otherwise afford it.
Our investigation relates to killers whose cases were dealt with by the courts in 2013.
It will raise fresh questions about Northern Ireland’s legal aid spending, which is among the highest in the world.
In 2012/13 the cost per head of population here was around £56, while in England and Wales it was less than £36.
DUP peer Lord Morrow, who has been calling for a review of legal aid, said victims were denied the same expense.
“These killers get better justice than their victims – at least that is the perception,” he said.
“Any amount of money is placed at their disposal when they get before court so that the powers that be are satisfied they get a fair trial.
“I think the general public will be outraged at these startling figures.
“These people have committed the most heinous crimes and been convicted, and it is the taxpayer footing the bill.
“It is little wonder the legal aid bank, as I call it, is running out of money.”
However, the Law Society of Northern Ireland, which represents solicitors, defended the expenditure.
Arleen Elliott from the Society said: “As citizens we accept that in protecting the right to fair trial we must make legal representation available to those who cannot afford it and to those charged with the most heinous of offences. That is the cornerstone of our democracy and it continues to serve all of us.”
Killers’ legal aid bills have fallen from previous years because of the abolition of Very High Cost Cases.
If a case was projected to last 60 days, it was previously classified as very high cost and paid under a different fee regime.
McCarney’s trial lasted 10 weeks, partly explaining why his legal aid bill was substantially larger than the other 12 cases.
His team of solicitors received £167,030, junior counsel received £29,748 and senior counsel received £121,085.
The bill is likely to rise further because McCarney – who refuses to accept his guilt – has appealed his conviction.
The costs of defending murderers were disclosed by the Northern Ireland Legal Services Commission (NILSC).
Some killers such as Barry Christopher Cavan – who stabbed David Corr 39 times in a frenzied attack after a row over loud music – pleaded guilty at the outset, avoiding a long and costly trial.
Others such as McCarney protested their innocence, requiring a lengthy jury trial.
Despite his large legal aid bill, McCarney chose not to take the stand while his defence team also opted not to call evidence in his defence.
Generally anyone charged with murder in Northern Ireland is granted legal aid.
It has meant wealthy individuals such as double-murderer Colin Howell have had their defences funded by the taxpayer.
January 2013
Millie Martin Murder: Baby killer Jailed For 25 Years
A man has been ordered to serve at least 25 years for murdering the 15-month-old daughter of his former partner.
Barry McCarney, 33, of County Tyrone, was found guilty last month of Millie Martin’s murder in Enniskillen in 2009.
Setting the minimum tariff McCarney must serve before being considered for release, Mr Justice Ben Stephens told the labourer at Belfast Crown Court he was a “deeply manipulative man” who had carried out a “sadistic sexual assault” on the child.
Millie was 15-months-old when she died in Belfast’s Royal Victoria Hospital after being badly beaten at a house in Enniskillen, County Fermanagh, the day before.
Her mother Rachel Martin, 25, had gone briefly to a local shop in December 2009, but when she returned home her daughter and partner were not in the house.
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