(Mayo): The decision by Judge Donnchadh Ó Buachalla to grant an application for the transfer of a liquor licence to Mrs. Catherine Nevin was no ordinary decision. It was a bizarre decision taken in the most unusual and questionable circumstances. This was no ordinary application. The application for a liquor licence transfer was from a person who, two months previously, had been charged with the murder of her husband.
The law is quite clear. The application for a temporary transfer, described as an ad interim transfer, of a licence must take place in the District Court area in which the licensed premises are situated, by giving at least 48 hours notice to the local superintendent of the Garda Síochána and the District Court clerk. I have in my possession a covering report from Inspector P. Finn, Gorey, dated 14 November 1997. He is the officer quoted by Judge Ó Buachalla in his statement this morning when he said that Inspector Finn was present and raised no objection. It states:
At Wexford District Court on the 29 September 1997, Mr. Lehane made an ex-parte application to Judge O'Buachalla for the order requested by the Customs and Excise. This application was made in the judge's chambers. Present were Mr. O'Toole, SC, Mr. Lehane, solicitor, Mr. Andy Cullen, DCC, Wexford, Ms Olive Steward, DCC, Wexford. I was also requested to attend.
When Mr. O'Toole stated that this was an ex-parte application for an order to have the name of Tom Nevin deleted and have the licence issued in the name of Catherine Nevin, I asked why I was present as I was not on notice.
Therefore, it was not a public hearing. It was a private session and a private court. It was not held in a courtroom but in a back room in chambers. The only people present were the judge, officials, the legal team and Inspector Finn. No formal notice, as required by law, was given. In the words of Inspector Finn, "I asked why I was present as I was not on notice". It was a private, in camera hearing, with no proper notice given. It was a sleight of judicial hand.
The law is quite clear. It states that the court must be satisfied in regard to three requirements. One requirement is that the applicant for the transfer is not a disqualified person and is of good character. In this case the person was charged by the gardaí two months previously with the murder of her husband. The presiding judge knew that because he was a friend of hers, yet he granted the licence.
This time last year we had the resignation of a High Court judge and a Supreme Court judge, which badly tainted the administration of justice. This judicial episode taints, once again, the administration of justice. The courts are the cornerstone of the Constitution and our democracy. Judges must be above suspicion. They must be people of integrity, substance and calibre. There must be no question mark over their character.
In this particular case, there is a judge who was struck off by the Law Society for bankruptcy and who was restored to the Law Society register and subsequently was appointed a judge. Were the Minister or his officials aware of the fact that this individual had been struck off when his appointment was made? Three or four weeks ago a judge's name was splashed across the newspaper headlines because he was consorting with somebody who subsequently was convicted of murder. This judge gave a highly irregular decision in respect of granting a licence, which he knew well he should not have granted.
The course of justice has been badly compromised. In the interests of public confidence in the judicial system and the administration of justice, this judge should be asked to stand aside on a temporary basis until such time as the full facts of this case are established by the various inquiries which the Minister has commissioned.
