Friday 29 December 2006

Judges take umbrage

On Thursday a member of the Supreme Court commented on the barrage of criticism directed at the judiciary since the gunning down of 20-year-old plumber Anthony Campbell, because he happened to be working in the house in which drug dealer Martin Hyland was hiding when he was shot dead. Speaking in the Court of Criminal Appeal, Justice Adrian Hardiman said, "The court pays the comments in question no attention whatever". Without mentioning any names he referred to what was very reasoned argument from Minister for Justice Michael McDowell, and politicians of all shades, as "strident and repeated public comments" which were given "wide and excited coverage in the media". Justice Hardiman went on to say that it was the duty of judges to decide cases "in accordance with the Constitution and the law" but ignored the fact that they were being accused of failing to do exactly that.
That night Minister McDowell held his annual Christmas drinks reception at King's Inn but, according to the Irish Times, the event was boycotted by the majority of the judges of the High Court and Supreme Court. This is being interpreted as the judges' way of showing that they consider themselves above criticism, from a Minister for Justice or anyone else. It did, however, only generate more criticism, making Mr McDowell something of a hero in the eyes of many.
On Friday evening RTÉ asked retired judge Justice Feargus Flood his view of Mr McDowell's comments. He was strident in his condemnation of a Minister attempting to give advice to the judiciary, but that only generated phone calls and text messages to RTÉ, mostly critical of Justice Flood.

  • In dealing with the case before him Justice Hardiman refused to reduce the seven-year sentence imposed on a Carlow drug dealer. Cocaine with an estimated street value of €21k had been found in the bedroom of Andrew Dermody (24).
  • In the week's first significant drug case Bernard White (33), of Clonshaugh in Dublin, was given a ten-year sentence for possession of cannabis worth €17,500. Judge Thomas Teehan accepted, however, that White was "a relatively minor cog in the operation" and suspended five years of the sentence.
  • On Thursday Justice Joseph Matthews imposed a 12-year sentence on Keith Mahon (30), of Tallaght, who had been found in possession of cocaine with a potential street value of €1.9m. Mahon, who regularly processed the drug for other dealers, had pleaded guilty and had three years of his sentenced suspended.
  • Anthony Swift (21), of Tallaght, could have had the mandatory ten-year sentence imposed on him when he pleaded guilty to possessing cocaine worth €70k and two unlicensed shotguns. Instead the judge set him free but with an eight-year suspended sentence hanging over him.