A JUDGE brought back to serve after his retirement to help reduce the huge backlog of cases awaiting trial or sentencing at Basildon Crown Court, today delayed delivering a verdict on a convicted child sexual offender for another month.

That was despite several members of the victim's family attending the court in the hope of seeing justice done.

Now they will have to return to the court next month to see what sentence is passed on Paul McGahey, who lived in rented accommodation in East Tilbury. He was found guilty of two offences of child sex offences earlier at magistrates' court but sent to crown court because it has higher powers of sentencing.

Currently held on remand in prison, the father of five but not related to the victim, was due to be sentenced today (Thursday, 7 August) but unexpectedly appeared by video link from there.

Prosecution counsel Emma Kutner (also appearing by video) expressed surprise and said: "I don't understand why he isn't in court."

73-year-old Judge Nicholas John Ainley, who retired as a Circuit Judge in March 2022, but was brought back to serve because of the backlogs, was then told McGahey, though previously represented by defence counsel during his trial, was told he was no longer represented and would be representing himself at the hearing.

The Judge said:" I think you ought to be represented. I'm told you didn't quality for legal aid. Why is that?"

Via video link, McGahey said he 'did not know' but he was prepared to speak for himself.

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Judge Ainley said: "For an offence of this seriousness, I think it is very important that you are represented. I am going to adjourn this for 28 days, I am not prepared to sentence you unless you are represented."

The case is now adjourned until 4 September.

No details of the two charges were given to the court before it was adjourned. However, during the initial trial at magistrates, which Judge Ainley would have a record of, McGahey was represented and his guilt was confirmed.

He is guilty of the offences of

• Arranging/facilitating commission of offence of sexual activity in presence of child / cause child to watch sexual act
• Engaging in sexual communication with a child

For the family of the victim, this was a second 'wasted' day this week. They had previously been informed the sentencing was due to take place on Monday, but when they arrived were told it was not listed until today.

The backlog of cases due for trial at Basildon Crown Court is substantial. Cases are now being listed for late 2026 and beyond. Cases at neighbouring Southend Crown Court are being listed as far away as 2028.

The cause is reputed to be the number of 'sitting days', capped by the government to save costs.

The judge's action, while causing distress and anger to the family of the victim, is defended in a statement by 'The Secret Barrister', a barrister, blogger and Sunday Times occasional coumnist and best-selling author who is a widely quoted authority on legal issues.

He says: " Fairness requires that people suspected, or even convicted, of offences, however grotesque, receive advice and representation from someone suitably qualified to defend their interests, particularly where their liberty is at stake."

Basildon Crown Court

Earlier this month Thurrock Nub News editor Neil Speight, who also attended today's court hearing, condemned the failing UK legal system after attending a botched magistrates court sentencing at Southend.

After today's delay he said: "I fully understand why Judge Ainley felt he couldn't pass sentence without hearing any mitigation or remorse from a convicted man, however heinous the crime.

"What I cannot comprehend is why a professional legal system can set a date then find out at the very last second that processes have not been followed and the preparatory work in advance of the hearing, not done.

"The clerk of the court knew McGahey was not represented but the prosecution and the judge didn't. Yet again I witnessed first hand incompetence and a complete lack of communication.

"It seems to me the administration of our justice system is broken, almost beyond repair, and the savage irony is that our Prime Minister is a barrister himself, who should know how bad the problem is but appears disinterested in fixing it.

"The waiting time and backlog for trials and sentencing is far too long.

"If the defendants are innocent, they spend years with the stress of pending criminal charges, likely to damage their reputations, personal relationships and job prospects. They may also be subject to restrictive bail conditions, preventing them from going on holiday or even leaving home after dark.

"If they are guilty, they remain at large for years, potentially committing further offences. Victims live in fear of reprisals, or even just bumping into the perpetrators in the street. Sometimes that fear overwhelms them and they withdraw support, causing prosecutions to collapse.

"This needs fixing and it should not be an issue about what it costs."