A challenge by a Co Leitrim couple against their conviction under the School Attendance Act for failing to send one of their children to school, where the child was alleged to have been struck by a teacher, was adjourned yesterday at the High Court. The boy involved is now aged 16 and has been educated at home for the past nine years.
During yesterday's hearing, Ms Lucy Duffy wept as she told Mr Justice Murphy that her son, Rory, had been assessed by a top educational psychologist who had advised it was in the boy's best interests to have him educated at home.
Ms Duffy and her husband, James, of Derrynahinch, Drumkeerin, were convicted under the School Attendance Act in the District Court in October 2000 and that decision was later upheld by Circuit Court Judge Matthew Deery. The Duffy's initiated High Court judicial review proceedings challenging their conviction.
In an affidavit, Mr Duffy said they educated their children at home since 1995.
He complained Judge Derry had described an incident about a teacher striking Rory as a "once-off incident". Capital punishment was outlawed since 1982, he said.
When the case came before Mr Justice Murphy yesterday, Mr Ben O Floinn, for the Duffy's, said certain issues had arisen between himself and his clients that made it inappropriate for him to continue in the case. His instructing solicitor also wished to come off record.
Mr Mark Sanfey, for the State, said he was neither consenting to nor resisting the application but was concerned there might be an attempt to reargue the case.
Mr Justice Murphy said he would allow counsel withdraw and the instructing solicitor to come off record.
The judge told the Duffy's that judicial review was not an appeal or a rehearing of the Circuit Court case but was only concerned with whether the correct procedures were adhered to.
He said he would adjourn the matter to allow the Duffy's seek legal aid although, he noted, that could prove difficult as this was a civil, not a criminal, matter.
