Complaints, Lawyer Discipline and Public Hearings

Summary of a decision of the hearing panel on an application to adjourn

Aengus Richard Martyn Fogarty

Called to the bar: August 5, 1987

Written submissions: September 1 and 14, 2020

Hearing panel: Philip Riddell, QC (Chair), Brendan Matthews and Carol Roberts

Decision issued: September 17, 2020 (2020 LSBC 44)

Counsel: Kathleen Bradley for the Law Society; Aengus Richard Martyn Fogarty appearing on his own behalf

APPLICATION TO ADJOURN

Aengus Richard Martyn Fogarty applied to adjourn the continuation of a hearing that commenced on November 18, 2019. He states that his files are in his home office in Galway, Ireland and he is unable to travel from the Czech Republic to Ireland without isolating for 14 days due to the COVID 19 pandemic. Even if he were to travel there, his family members would be vulnerable and also be required to isolate.

During the hearing, the evidence was completed and, in the course of its closing submissions, the Law Society sought to adjourn to consider a situation. The Law Society has applied to reopen the case and alleged that two of the exhibits in Fogarty’ s affidavit are fabrications.

Fogarty has not stated what in his files would answer the allegation that the two exhibits are fabrications. The hearing panel dismissed the application to adjourn, and the hearing will proceed via video-conference.

2020 LSBC 44 Decision on an Application for Adjournment