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Volume 12, issue 2. July 2010

Courts Service

COURTSService NewsNUACHT NA SEIRBHÍSE CÚIRTEANNA www.courts.ie

FOURPAGE

PULLOUTOF

HIGHLIGHTS&

STATISTICS FROM

THEANNUAL

REPORT2009

FOURPAGE

PULLOUTOF

HIGHLIGHTS&

STATISTICS FROM

THEANNUAL

REPORT2009

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2 contents

REGULARS

Welcome Note 3

Practice and Procedures 4

Appointments 23

Obituaries 25

Retirements 27

Out of the Office 34

Book Review 31

Competition 35

Through the Lens 36

CONTENTS

p8

p14

p10

p21

p12

p32

FEATURES

Annual Report highlights 17

Reducing time for award

of compensation 21

NEWS

Making use of videoconferencing

facilities 7

Surveying our customers 8

Payments in High Court 9

Images of prisoners in custody 10

Diversity in the workplace 12

The work of a judicial council 13

SOCIAL

Holiday Review 32

Summer Evening 34


welcome 3

Welcome to the summer issue of Courts Service News. Our centre pages (17 -20) feature highlights from the Annual Report 2009 recently presented to

theMinister for Justice and LawReform. A reduction in waiting times for litigants isjust one of the highlights of the year. On page 21 you can read about the extent ofthe reduction in one particular High Court List.On foot of a raft of legislative changes we bring you a number of articles

explaining the impact for practitioners and court users. Changes to orders forpossession are explained on page 6while changes to judgementmortgageaffidavits and enforcement of court orders are outlined on page 5. Kevin O’Neill,High Court Chief Registrar, highlights the benefits of videoconferencing facilitiesand urges the legal profession to use them (page 7).In seeking tomaintain our high customer service standards a customer

satisfaction survey is underway (page 8). We encourage you to take part and we willbring you the results in the next issue of Courts Service News. On page 16 you canread about some high profile awardsmade to the Courts Service recently.A working group has recently been established to examine payments in High

Court personal injury cases (page 9) and as the Irish judiciary consider proposals toestablish a judicial council Gerry Curran speaks toMarilyn King, Registrar of theJudicial Council of Ontario, who outlines the investigative process used in Ontariowhen dealing with complaints against judges (page 13). Gerry Curran also reportson the arguments for and against facilities which remove the opportunity to viewand photograph those being transported to and from court and/or places ofdetention (pages 10 &11).Staff movements feature oncemore with retirements on pages 27 – 30 and

changes in personnel in some key posts in the Service on page 23.Whether your preference is for short hops or long haul flights we provide two

holiday reviews in this summer issue pages 32 & 33 and as always a book review(page 31) whichmight inform your choice of what to take with you on your travels.With theWorld Cup andWimbledon all done and dusted we wish you a relaxing

and warm summer.

Fíona Farrell Courts Service

Welcome

Courts Service News is themagazine of the CourtsService. Contributions aredrawn from a wide areaand do not necessarilyreflect the views or policiesof the Courts Service. Theeditors reserve the right toedit all contributions,including letters.

Courts Service News,Information Office,15-24 Phoenix Street North,Smithfield,Dublin 7.Telephone: (01) 888 6459,Fax: (01) 873 5250Email:[email protected]: http://www.courts.ie

Editorial Team:Helen Priestley, FionaFarrell, Mairead Fitzsimons,Gerry Curran.

Print: Brunswick Press Ltd.,Unit B2, BluebellIndustrial Estate,Dublin 12.

Design: DesignCommunication, part ofAshville Media Group,57/59 Sir John Rogerson’sQuay, Dublin 2.

CONTRIBUTORSTOTHIS ISSUE


4 practice and procedure

SUPERIOR COURTS

S.I. No. 54 of 2010Rules of the Superior Courts(Criminal Justice (MutualAssistance) Act, 2008), 2010.These rules substitute rule 10 of Order136, prescribing forms and procedurein relation to the Criminal Justice(Mutual Assistance) Act, 2008.

S.I. NO. 149 OF 2010Rules of the Superior Courts (Landand Conveyancing LawReformAct,2009), 2010.These rules effect variousamendments to the Rules of theSuperior Courts, including theinsertion of a newOrder 72A, tofacilitate the operation of the Land andConveyancing LawReformAct, 2009.

S.I. NO.208 OF 2010Rules of the Superior Courts (Order75), 2010.These rules amendOrder 75 of theRules of the Superior Courts by theinsertion therein of new Parts XI, XII,and XIII regulating, respectively, theprocedure in respect of proceedingsunder the European Communities(Cross-Border Mergers) Regulations,2008 (S.I. No 157 of 2008), theEuropean Communities (Mergers andDivisions of Companies) Regulations,1987 (S.I. No 137 of 1987) and theEuropean Communities (EuropeanPublic Limited-Liability Company)Regulations, 2007 (S.I. No 21 of 2007).

S.I. NO.209 OF 2010Rules of the Superior Courts (Trial),2010.These rules, which amend Order 36of the Rules of the Superior Courts,prescribe the arrangements forallocation of a trial venue forproceedings and revise therequirements for lodgment ofdocumentation required whensetting proceedings down for trial inthe High Court (see page 8).

CIRCUIT COURT

S.I. No. 82 of 2010Circuit Court Rules (CriminalJustice (Mutual Assistance) Act2008), 2010.These rules substitute rule 1 of Order68A, prescribing forms andprocedure in relation to the CriminalJustice (Mutual Assistance) Act,2008.been served.

S.I. No. 155 of 2010Circuit Court Rules (Land andConveyancing Law Reform Act,2009), 2010.These rules effect variousamendments to the Circuit CourtRules, including the insertion of anew Order 46A, to facilitate theoperation of the Land andConveyancing Law Reform Act, 2009.

DISTRICT COURT

S.I. NO. 94 OF 2010District Court (Criminal Justice(Mutual Assistance) Act, 2008),2010.These rules amendOrders 21, 31A and34 of the Rules to prescribe theprocedure and forms in respect of theCriminal Justice (Mutual Assistance)Act, 2008 viz. application to issue aletter of request under sections 62(1),73(1) or 77(1); a certificate inaccordance with section 58(1)(b);application for leave to issue and servea document under section 80;application and order for restitutionunder section 87; an information andsearch warrant under section 74(7); aninformation, order and application todischarge or vary an order undersection 75 and an information, orderand application to discharge or vary anorder under section 63 of the CriminalJustice Act, 1994 as amended bysection 105 of the Act.

S.I. NO. 129 OF 2010District Court (Enforcement ofCourt Orders) Rules, 2010.These rules amend Order 53prescribing forms and procedure inrespect of section 6 of theEnforcement of Court Orders Act1940 as amended by theEnforcement of Court Orders Act(Amendment) 2009 (see page 5).

S.I. NO. 136OF2010Criminal Justice (Legal Aid)(Amendment) Regulations, 2010.These Regulations provide for adecrease in the fees payable underthe Criminal Legal Aid Scheme tosolicitors for attendance in theDistrict Court and for appeals to theCircuit Court, and for a decrease inthe fees paid to solicitors andcounsel in respect of essential visitsto prisons and other custodial centres(other than Garda Stations) and forcertain bail applications, as follows:8% with effect from 1st April, 2010.

S.I. NO. 137 OF 2010Enforcement of Court Orders (LegalAid) (Amendment) Regulations,2010.These Regulations provide for adecrease in the fees payable inproceedings on a summons underSection 6 (inserted by Section 2 ofthe Act of 2009) of the Enforcementof Court Orders Act, 1940 (includingthat section as applied by section 8(as amended by the said section 2) ofthe Act of 1940 as follows: 8% witheffect from 1 April, 2010.

S.I. NO. 162 OF 2010District Court (Land andConveyancing Law Reform Act,2009) Rules, 2010.These rules amend the District CourtRules by the insertion of a new Order93A to facilitate the operation of theLand and Conveyancing Law ReformAct, 2009.

Rules of court for all jurisdictions together with amendments and forms are available on theCourts Service website: www.courts.ie

In accordance with section 39 of the (Courts Supplemental Provisions) Act, 1961 (No. 39 of 1961),as amended by section 38 of the Court and Court Officers Act, 1995 the Minister signed an Order

on 21 May 2010 to increase the number of judges of the District Court to be assigned permanentlyto the Dublin Metropolitan District from twenty one to twenty two.

Increase in District Court Judges

NEW COURT RULES


practice and procedure 5

Enforcement of Court Orders

The District Court (Enforcement of Court Orders)Rules, 2010, which substituted Order 53 and

associated Forms, came into operation on the 8thApril last. The Rules facilitate the operation of theEnforcement of Court Orders (Amendment) Act,2009 which amended sections 6 and 8 of theEnforcement of Court Orders Act, 1940.Rule 8 of Order 53 sets out the procedure for a

creditor seeking relief where a debtor has failed tocomply with an instalment order. The creditor mustprepare a summons in duplicate and lodge it,together with a statutory declaration, with the districtcourt clerk. The clerk will give the matter a hearingdate and return the summons to be servedpersonally on the debtor. The summons must beserved not less than fourteen days before thehearing date.An ex parte application can bemade to the Court for

a direction for the service of the summons otherwisethan by personal service. Where a debtor fails to

appear and the court fixes a new hearing date, anotification to the debtor of the new date shall be bypersonal service unless the court directs otherwise.Where the judge requests that mediation be used

to resolve matters, the proceedings will beadjourned generally with liberty to re-enter. Ifmediation fails to resolve the matter, the creditor canre-enter the proceedings by application in writing tothe clerk.Proceedings can also be re-entered where the

judge has made an order for imprisonment of thedebtor but has postponed the sentence and thedebtor has failed to comply with a condition of thepostponement.The possible consequences for a debtor of failure

to comply with the terms of an instalment order areset out in the relevant forms prescribed in Order 53.

The District Court Rules are available onwww.courts.ie.

Up to 30th November 2009, a creditor whowished to register a judgment for a liquidated

sum as a mortgage on the registered or unregisteredproperty of a debtor was required to file a judgmentmortgage affidavit in the court office in which thejudgment had been obtained and lodge an attestedcopy in the Property Registration Authority. Courtoffices were under an obligation to check that all thedetails in the judgment mortgage affidavit werecomplete and correct.

A revised and simplified form of judgmentmortgage affidavit was introduced by the Land andConveyancing Law Reform Act, 2009, which cameinto force on 1st December 2009. The judgmentcreditor’s solicitor presents the affidavit in the courtoffice, but the affidavit is no longer filed in thecourt. Court offices are now only required to checkcertain key details before certifying, on the originaljudgment mortgage affidavit, that the judgment itrefers to was obtained in the action referred to inthe particular court office. The original affidavit isreturned to the judgment creditor’s solicitor forfiling in the Property Registration Authority.

Judgment Mortgage Affidavits made easier


6 practice and procedure

Before this Act the High Court andCircuit Court effectively had

concurrent jurisdiction in these cases.However, where a property is subject toa housing loan mortgage, section101(5) of the 2009 Act now gives theCircuit Court exclusive jurisdiction tohear applications for an order forpossession of the property or to allowthe lender to exercise a power of saleof the property. The section alsoprovides that such applications shallnot be made to the High Court.

Circuit Court

Under new Circuit Court Rules whichcame into force in July 2009 (CircuitCourt Rules (Actions for Possessionand Wellcharging Relief), 2009: SI264/2009) the civil bill is first listedbefore the county registrar. ThePresident of the Circuit Court has alsomade a practice direction (CC 11)dealing with these actions. The newrules and the practice direction areavailable on the Courts Servicewebsite (www.courts.ie).

The new rules provide that the civilbill for possession will have a returndate on which the matter will comebefore the County Registrar. Adefendant who wishes to contest theapplication must file an appearanceand a replying affidavit. Neither partyhas the right to give oral evidenceexcept in specific circumstances.However, a party has the right to crossexamine a deponent (person whoswore an affidavit) on giving notice thatthe deponent is required to attend thecounty registrar's hearing.

The county registrar canmake a number of ordersincluding givingadjournments, directingnotices to be served onthird parties and extendingthe time for filing affidavits. If adefendant has not entered anappearance, or has entered anappearance and filed a replyingaffidavit which does not disclose aprima facie defence, the countyregistrar may make an order forpossession. Where a defendantsucceeds in showing a prima faciedefence, the case will be sent forhearing by a judge.

High Court

Summonses for possession issued inthe High Court are first listed beforethe Master of the High Court. Theplaintiff must prove that the summonshas been served on the correctdefendant(s) and that various otherrequirements have been compliedwith. The Master will adjourn the caseif necessary to ensure that the papersare in order. Once the Master issatisfied that the application is inorder, he will direct that it betransferred to the judge’s list where,depending on the case being madeand the defence, if any, being offered,the judge can adjourn the matter tosee if the parties can reach asettlement, or grant an order forpossession with or without a stay onexecution.

Making a claim for possessionThe procedures for applying to court for orders for possession or to have a

mortgage well charged have been changed by section 101(5) of theLand and Conveyancing Law Reform Act, 2009.


news 7

Video conferencing and video display facilities are available in many courtrooms for useduring civil and criminal proceedings but it seems that the legal profession has yet totake full advantage of them. High Court Principal Registrar, Kevin O’Neill highlights thebenefits for the profession, their clients and witnesses

“Solicitors and barristers mayhave seen large screens in

courtrooms in various locationsaround the country but they are slowto use them”, Kevin says. Theprocedure to be followed to avail ofthe facilities is very straightforward.

Practitioners must organise avenue from which their witness canavail of video conferencing facilitiesand, having done so, obtainpermission from the appropriateCourt to give evidence via thatmedium. Before the trial date CourtsService staff will organise, throughthe practitioners, a test call to thelocation to ensure that there are notechnical issues with the connection.For that reason, and to ensure thatthe facilities are available whenrequired, application to Court shouldbe several days in advance of thehearing date. The procedure in theHigh Court is set out in a PracticeDirection (HC45) dated the 3rd ofMay 2007 available onwww.courts.ie.

A pilot project linking LimerickCourthouse and Limerick Prison hasproved to be particularly successful.Instead of being transported from theprison to the court, a person incustody now gives evidence from afacility within the prison. At all timesthe person can consult, inconfidence, with his legal

representative via a secure link. Civilcases can also greatly benefit fromthe technology. Many hospitals,universities and large corporationsworldwide (including some inIreland) have video conferencingfacilities, enabling expert witnessesgive evidence from their place ofwork live into a courtroom. In othercases, private facilities have beenhired out. While this may involvesome outlay, it can be small relativeto the cost of travel to Ireland.

Video display

Video and audio recordings can beplayed in the courtroom without theneed for practitioners to provide orhire equipment. The equipment inthe courtroom can display DVDs orvideos. There is an option for displayfrom a practitioner’s portable devicesuch as a laptop or ‘memory stick’. Itis always wise to test CCTV in advanceas it comes in different formats. It ishowever safe to assume that if itworks on a home VCR or DVD playeror on a laptop it can be displayed inthe courtroom.

“Video conferencing and videodisplay facilities really make adifference”, Kevin says. “They won’tsuit every case but it’s worth examiningyour case to see if they do”

Making use VIDEOCONFERENCINGof FACILITIES

BENEFITS OF VIDEO CONFERENCING• Saving of costs to parties

• Reduced costs of transferring prisoners to court venues

• Saving of time for witnesses by not having to attend at courthouses

• Availability of expert witnesses to give evidence sooner than might otherwise

have been the case, facilitating earlier trial dates

• Earlier settlement of cases

VIDEO CONFERENCING ANDDISPLAYVENUES

CCoouunnttyy SSiittee CCoouurr tt

DublinCriminal Courtsof Justice

All jurisdictions

Four Courts High Courts &Circuit Court

Cloverhill District/High Court

Cavan Cavan Court Circuit

Cork * Cork Circuit

Donegal Letterkenny Circuit

Galway Galway Circuit

Kilkenny # Kilkenny Circuit

Limerick Limerick Circuit

Louth Dundalk Circuit

Mayo Castlebar Circuit

Monaghan # Monaghan Circuit

Offaly Tullamore Circuit

Tipperary Nenagh Circuit

* Temporarily unavailable owing to flooding# To be completed summer 2010

VIDEO DISPLAY VENUES

CCoouunnttyy SSiittee CCoouurrtt

Dublin Richmond 50 District

Dolphin House 49 FamilyLaw

Carlow Carlow Circuit

Cork Cork District

Kerry Tralee Circuit

Kildare Naas Circuit

Limerick Limerick Circuit

Longford Longford Circuit

Meath Trim Circuit

Tipperary Clonmel Circuit

Wicklow Bray Circuit


8 news

During the month of July court users are being invited to complete very shortquestionnaires. The idea is to help the Courts Service evaluate the extent to whichstandards set out in the recent Customer Service Action Plan are being complied withand the standards court users should expect as Nuala McLoughlin explains:

The questionnaires will beavailable through a link on our

website (www.courts.ie) with printedcopies available in Courts Servicebuildings and in court offices. We arefocusing on different groups of courtusers – visitors to court offices,members of Courts Service usergroups, local Bar Associations andjurors. And not forgetting our ‘internalcustomers’, we also have aquestionnaire for staff.

We want as many people aspossible to complete the four toseven questions (the numberdepends on the nature of yourcontact with us). Each question asksyou to rate an aspect of our servicefrom 5 (the highest level ofsatisfaction) to 1 (the lowest). Themore responses we receive, themore useful the information is to us.If you received good service, wewould like to know so that we can

spread good practice throughoutthe Courts Service. If you wereunhappy with the service, we needyou to tell us so that we can makeevery effort to improve matters.

When we did this survey in 2008,the majority of the visitors to ouroffices scored our staff at 4 or 5,telling us that court offices are

easily accessibleopening hours meet users’needsstaff are knowledgeableand courteousinformation / service isprovided in a timely mannerthere is sufficientinformation for court userson the website and in leafletform and court facilities meet users’needs.

Most respondents indicated thatthere were enough forms on thewebsite but a sizeable groupindicated that they would like more,so now all court forms are availableon the site.

We hope that people who dobusiness with us, whether on a dailybasis or just once in a while, willhelp us to help all court users bytaking part in this survey. Thequestionnaires will include space foryour own comments, which areparticularly welcome. Indeed, wewelcome comment and feedback atall times, so if you would like to saysomething to us, please contact anyof our offices - contact details are onthe website. In the next issue ofCourts Service News we will bringyou the results of our survey. In themeantime we look forward tohearing from as many court users as possible.

When setting a case down for trial prior to 10thJune 2010 parties were required to lodge a book

of pleadings in the Central Office together with thenotice of trial (stamped with €22) with service indorsed,and the setting down docket (stamped with €120).

From 10th June 2010, as a result of an amendment toOrder 36 of the Rules of the Superior Courts (S.I. 209 of2010) which came into force on that date, instead oflodging a book of pleadings at the counter when settingthe case down for trial, the only documents to bepresented in the Central Office will be the notice of trial(stamped with €22) with service indorsed, and thesetting down docket (stamped with €120).

A practice direction of the President of the High Courtrequires practitioners to hand in a book of pleadings tothe court registrar on the assigned hearing date.

The book of pleadings must

a) include a copy of the notice of trial and setting down docket

b) include copies of all pleadings exchanged between the parties, any relevant orders, and notices for particulars and replies thereto

c) be paginated d) be indexede) not include a copy of a notice of lodgement or

notice of tender or any reference thereto

The practice direction of the President of the HighCourt (HC 53) is available on the Courts Service websitein the ‘Practice Direction’ section.

Surveying our customers tosee how we’re doing

Setting cases down for trial in the High Court


news 9

In the majority of cases, personalinjury awards reflect an attempt

by the courts to ensure that aperson is adequately compensatedfor the damage done and theinjuries suffered. The compensationis intended to place the person inthe position he/she would havebeen in if the injury had not beensuffered, insofar as that objectivecan be achieved by an award ofmoney.

The award, in a lump sum, willadequately compensate the personin most cases. However, in cases

involving catastrophic injuries thecourt usually has to calculate thecost of the plaintiff’s future carebased on evidence of estimated lifeexpectancy. This involves an

amount of speculation andinformed guesswork by medicalpractitioners and actuaries who takea ‘snapshot’ of the plaintiff's currentcare costs and project these into thefuture. The ‘lump sum’ approachmeans that there is no recourse forplaintiffs who exhaust their fund byexceeding projected lifeexpectancy.

From the defendant'sperspective, the reluctance of thecourts to impose any continuingobligation to make reparation bringsa welcome finality to litigation.

However, a defendantcannot look for a refund if alarge lump sum is paid to aplaintiff who dies earlierthan expected. The next ofkin of some deceasedplaintiffs have receivedunintended multi-millionEuro windfalls. Ironically,some have been the verypeople whose negligencecaused the injury.

The new Working Groupwill consider afreshwhether our compensation

system offers the most equitableway of ensuring that justice is doneand seen to be done in this area.The President of the High Courtbelieves that "efficiencies can be

Payments in High Court personal injury cases to be examinedThe type of payments made and the ongoing operation of compensation schemes in personal injuries caseswill be examined by a new Working Group recently established by The President of the High Court, Mr.Justice Nicholas Kearns. The Group will examine, among other matters, the issue of damages in personalinjury cases being awarded on a one-off or lump sum basis. Gerry Curran reports:

"There have been manycatastrophically injured personswho have spent their final years -sometimes decades - without themeans to pay for their carebecause the damages awardedhave proved inadequate. Some arepresently in that position. All havebeen injured by the unlawful actsor omissions of others" President ofthe High Court

Working Group on MedicalNegligence and Periodic Payments

Mr. Justice John Quirke, HighCourt, ChairmanMr. Justice Vivian Lavan, High CourtMs. Justice Mary Irvine, High CourtMr. Michael Boylan, AugustusCullen Law, solicitorsMr. Ciaran O’Rorke, Hayes &Company, solicitorsMr. Denis McCullough, S.C.Mr. Patrick Hanratty, S.C.Mr. Ciaran Breen, Director, StateClaims AgencyMr. John Casey, CEO, MotorInsurance Bureau IrelandMr. John Kenny, Department ofJustice and Law ReformMr. Mike Kemp, CEO, InsuranceFederation IrelandMr. Noel Rubotham, CourtsServiceMs. Grainne O’Loghlen, CourtsServiceMr James Reilly, Patient FocusMs. Maire Reidy, judicial fellowMr. Brendan Savage, barrister,Special Assistant to Group Ms. Marie Coady, secretary

Eileen Creedon has been appointedas the new Chief Prosecution Solicitor.Ms. Creedon graduated fromUniversity College Cork with a BCLdegree in 1984 and received herprofessional training at theIncorporated Law Society of Ireland.She was enrolled as a solicitor in 1987.

After qualification she spent eightyears in private practice before joiningthe Chief State Solicitor’s office as aprosecutor in 1995. She has held anumber of positions within that officeand has a wide range of experience inprosecution work. She was appointedthe first Deputy Chief ProsecutionSolicitor in 2007.

New Chief Prosecution Solicitor appointed

introduced which will simplify suchlitigation and effect significantsavings in legal costs”.


10 news

On a philosophical level there aremany arguments about exposing

the face of the perpetrator of a crimeafter their guilt has been established, ofsociety needing to see those who havecommitted serious crime, and aboutprotecting society by everyone knowingwhat they look like.

On the other side are those who saythat the only punishment the convictshould have to endure is the denial ofliberty or incarceration, and he/sheshould not to have to run the gauntlet ofphotographers camped outside acourthouse, whilst handcuffed andchained. The extreme of this behaviourit could be said were the old fashionedstocks where people were secured for

public displays of shame andopprobrium. If our criminal justice /penal regime is based on securing aperson for the safety of the public, as apunishment for wrong doing andrehabilitating and restoring them tosociety, it is argued that such exposuredilutes any chance of redemption, bymaking the person an object of publicridicule.

The reality is very much in the middle.The vast majority of those who appearbefore the courts are not held in custodyand therefore can be filmed andphotographed. This is so even after guilthas been established as, of the 500,000plus criminal matters which comebefore the courts each year, only 23,000

prison sentences are handed down.Even for the most serious of crimes –murder – bail is regularly granted to theaccused, with the presumption ofinnocence remaining.

There is nothing new about prisonersbeing shielded from public view in thiscountry (see countless shots of jacketsover heads or blankets being providedby the escort), or of rules which requirethat this be the case. As far back asOscar Wilde’s Ballad of Reading Gaol,complaints about the effects of unduepublic display and the public scorn andtormenting of a prisoner have beenmade by prisoners and human rightsactivists. The United Nations Rules forthe Treatment of Prisoners and the 1994

Photographing prisoners in custody has exercised the minds of some in the media and elsewhere following the openingof the Courts of Criminal Justice. This new facility removes the opportunity to view and photograph those beingtransported to and from court and/or places of detention. Gerry Curran looks at arguments for and against the newarrangements and considers Ireland’s international obligations in this area:

Images of prisoners in custody

transported to history


news 11

Minister launches national strategy

European Prison Rules both state thatpersons in custody should be protectedfrom undue public gaze, and from anypublicity whatsoever, when beingtransported to and from places ofcustody. Planning to meet ourobligations in this regard was containedin the Department of Justice and LawReform five year strategy for themanagement of prisoners published in1995. These rules had a domestic airingbefore that in the 1947 Prison Ruleswhich refer to shielding prisoners frompublic display.

These matters were well aired in theCourt of Criminal Appeal in DPP v Davis,(unrep 23/10/2000) where all the

issues were expanded on and theirapplication to prisoners after arrest,during a trial and after convictiondiscussed.

Since 1999 the Courts Service hasbeen renovating and extendingcourthouses across the country. Innearly all the major courthouses incounty towns there is now a secure,discreet and private entrance forprisoners in custody with no opportunityfor pictures. In the UK and NorthernIreland, it has long been the custom andpractice that the media get no picturesof people being led in handcuffs andchains into or out of courts.

“No”to domestic violence, “no” to sexualviolence, “no” to gender-based violence.

That was the simple message delivered by the Minister forJustice and Law Reform, Mr. Dermot Ahern T.D., when herecently presented the first ever strategy in this area. Thefive year strategy was produced by Cosc – the NationalOffice for the Prevention of Domestic, Sexual and Gender-based Violence.

The strategy aims to deliver a well coordinated ‘whole ofGovernment’ response to this specific type of violence as itaffects the lives of adults, both women and men, in Irishsociety. It was developed following an extensiveconsultation process across the governmental and thenon-governmental sectors.

Minister Ahern said: "This government is tackling theviolence and abuse suffered by women and men of asexual and non sexual nature both within and outside thedomestic scene. These types of crimes often happenbehind closed doors where there are no witnesses or,worse still, where the only witness is a child”. Heemphasised the need for ongoing collaborative actionacross government departments involved in eradicatingthese crimes along with co-operation between State andnon-State bodies involved in the area.

He said it was much more than a document, it was avision of a society that says it will not tolerate, nor remainsilent on, domestic, sexual or gender-based abuse andviolence against another person in our neighbourhood andcommunity.

Cosc, an Irish word, means to stop or to prevent. Full detailson the national strategy are available on www.cosc.ie


12 news

Tánaiste SupportsDiversity in theWorkplace

The new guide - supported by the employer’srepresentative body IBEC, multinational IBM, the Irish

Congress of Trade Unions, Business in the Community,and the Equality Authority - is published by GLEN (Gayand Lesbian Equality Network). It is a practical toolkit foremployers and trades unions in implementing culturaland diversity policies in the workplace for their Lesbian,Gay, Bisexual and Transgender (LGBT) employees.The Tánaiste highlighted the role of diversity in Ireland’s

economy and said that “employers and trades unions ineffect need to “come out” as being positive and inclusiveplaces for LGBT employees to work. “Diversity bringswith it an openness to new ideas, more creativeworkforces and innovation, which is at the heart ofwhere Ireland wants to be as a participant in the widerglobal economy”, she said.Davin Roche, GLEN Director of Workplace Diversity,

said that “there are over 130,000 Lesbian, Gay,Bisexual and Transgender (LGBT) people in theworkforce. Irish research has found that almost 60%of LGBT workers surveyed were not ‘out’ generally inthe workplace. Many feel being open about theirsexual orientation with their colleagues coulddamage their career, promotion prospects orprofessional relationships. This is something we

need to address and change as a society if we are to betruly competitive on a global scale.”

For further information visit:www.glen.ie/pdfs/WorkplaceLGBTDiversityGuide.pdf

“Diversity bringswith it anopenness to newideas, morecreativeworkforces andinnovation, [...]”

“Openness to diversity including lesbian, gay, bisexual andtransgender people will be a critical part of our success as anadvanced, competitive and ‘smart’ global economy,” according to theTánaisteMary Coughlan T.D. in the foreword to the 'Lesbian, Gay andBisexual Workplace Diversity Guide', which she launched recently.

The Chief Justice Mr. Justice John L.Murray before headdressed the opening session of the 2010Colloquium of the Network of the Presidents of theSupreme Judicial Courts of the European Union inMarch.The Network is a means of exchanging dataand information on all matters relating to the role andfunctions of Supreme Courts and also promotesjudicial exchanges between different Supreme Courts.The Chief Justice is a vice-president of the Network.

European Supreme Court Presidents come to Dublin


news 13

The Irish judiciary recently considered proposals to establish ajudicial council. They issued a statement broadly welcoming thedraft legislation with the proviso that digital recording be installedin all courtrooms before a complaints mechanism is put in place.

Following themeetingGerry Curranspoke toMarilyn King, Registrar of the

Judicial Council of Ontario, who outlinedthe investigative process used in Ontariowhen dealing with complaints againstjudges.The main function of the Ontario

Judicial Council is to deal withcomplaints against members of thejudiciary. The proposals for the Irishsystemmight include this function andthe ongoing education and training ofjudges. The Ontario framework isdesigned to manage the expectations ofthe public and respect theindependence of the judiciary. TheCouncil consists of a panel of 12: four layor “community” members appointed bythe Government on therecommendation of the AttorneyGeneral; two nominated by the LawSociety and six judges (including theChief Justice of Ontario).“We do not have a definition of

misconduct”. Marilyn says that it broadlycovers issues such as allegations of bias,discourtesy and abusive words oractions. The process is confidential, and

no confirmation or denialof the existence of a complaint isindicated, until the rarely reachedpublic hearing stage. Complaints mustbe in writing and the complainant mustidentify themselves.Complaints are often made by people

who are unhappy with the outcome oftheir case and target the judge by way ofcomplaint. The process is not a form ofappeal so the Council avoids suchmatters. Ongoing cases cannot be thesubject of review and “many matters arefiltered out at this stage”. Complainantsalways receive a written outcome totheir complaint.Initially a sub-committee consisting

of a judge and a lay member reviews acomplaint and a transcript ofthe case and the interactionwhich may have caused it.This sub-committee eitherdismisses the complaint, orforwards it to a review panelconsisting of two judges, alay person and a lawyer. Thepanel is not told the identityof the complainant or the

judge. Thejudge has theright to reply to

any accusation before the panel decidesto dismiss the complaint or make afinding of misconduct.In the event of a finding ofmisconduct

thematter can be: (i) referred to the ChiefJustice with or without a recommendationas to sanction, (ii) referred to amediator,or (iii) be the subject of a public hearing inthe case of very seriousmatters.Sanctions can range from a warning to arecommendation to the Attorney Generalthat the judge be removed from office.The option of suspension fromwork - withor without pay – is also available.

“Complaints are often madeby people who are unhappywith the outcome of theircase and target the judge byway of complaint. ”

The work of aThe work of ajudicial counciljudicial council

ECDL - Presentation tomembers of the Judiciary

Members of the judiciary receiving their ECDL

certificates from Chief Executive, Brendan Ryan.

Pictured (from left) are Judge Raymond Fullam,

JudgeWilliam Hamill, JudgeVictor Blake, Judge

Heather Perrin, Sarah Arkinson (Tutor) and Mr.

Justice Daniel O’Keeffe.


14 news

There were cheers and shouts of joywhen Circuit Court Judge Terence

O’Sullivan announced that St.Macartan’s College, Monaghan had wonthe eleventh National Mock TrialCompetition recently.It was only the second time that a boys

school had won the competition and afirst for St. Macartans. Their prize includesthe opportunity to compete in aninternationalmock trial competition inNew York – last year’s Irish winners wonthat competition so the lads have a lot tolive up to.

Organised by Public Access to Law andsupported by the Courts Service andIndependent Colleges, the competitionsees second level students participate inamock criminal trial. The new CriminalCourts of Justice provided a wonderfulforum for the event held over twoSaturdays with the finals supported byJudgeO’Sullivan and Judges VictorBlake, James Paul McDonnell andCatherineMurphy of the District Court.Manager Geraldine Hurley was

delighted to open the doors of the newcomplex to almost 400 students andtheir teachers.Awards to competitors from a number

of schools weremade for televisionreporting, newspaper reporting, sketchartist and court photographer. The HarryHill Perpetual Trophy for ‘BestPerformance in the Final’ went toMichéalÓMórdha for his Oscar-worthy portrayalof the accused, Ruby Cheval.

Youngstudents - shine at mock trial competition

Avisit to the courts has become a regular feature on the daytrip programme for second level students across the

country. Students discuss the courts systemwith a practisingbarrister and sit in on a court hearing. Up until April of this year,visits to Dublin were to the FourCourts. They are now to the newCriminal Courts of Justice inParkgate Street. The first schoolto visit the new facility was St.Mary’s College, Arklow, Co.Wicklow.In addition, court staff around

the country facilitate visits withnew and refurbishedcourthouses providing excellentvenues for students to observejustice in action. Third yearstudents fromBoyne Community School were recent visitors toTrim Courthouse where Court Clerk, Noeleen Halpin and herstaff were on hand to show them around. The students found theexperience very rewarding.“This visit was organized as part of our CSPE course. We had

been studying law in class and thought it would be veryinteresting to see an actual courtroom.We first got to see whatthe Circuit Court looks like and some solicitors and barristers atwork in the courtroom.We then visited the old Heritage Courtand saw what courtrooms used to look like in the past. It was

much smaller in comparison and quite cramped but it did looklike courtrooms in films. We then saw the District Court andfound out that this is a very busy place during scheduled sittings.Finally we got to see what the cells look like. The whole visit was

very interesting and very worthwhile and has helped us hugely inour Junior Cert project. We would like to thank everyone whoarranged the visit for us and gave us the guided tour of thecourthouse.”Formore information about guided visits to the Criminal

Courts of Justice visit the schools section of the Courts Servicewebsitewww.courts.ie. But don’t delay. There are only a fewdates left for visits during theMichaelmas Term (4th October to21st December).

School visits to the courts – as popular as ever

St. Marys College, Arklow were the first

school group to visit the CCJBoyne Community School visit Trim District Court

Judge Catherine Murphy presenting the

Harry Hill trophy to Micheal O MordhaThe winning school St. Macartans outside the

Criminal Courts of JusticeThe final in action

(Image: C. Finn)

(Image: C. Finn)

(Image: C. Finn)


news 15

The Director of Public Prosecutions,Mr. James Hamilton, recentlylaunched two consultation papers byThe LawReformCommission.TheConsultation Paper onHearsay

in Civil and Criminal Cases examinesthe extent to which hearsay shouldbe admitted in evidence in civil andcriminal cases. Themain provisionalrecommendations are:

in civil cases, hearsay should ingeneral be admissible in evidence,subject to certain conditions,notably the need to give advancenotice, and a discretion by a courtto exclude hearsay if it would beprejudicial ormisleadingin criminal cases, hearsay shouldcontinue in general to beinadmissible in evidence, subjectto existing exceptions allowinghearsay to be admissible;the rules on hearsay in civil andcriminal cases should be set out inlegislation.

The Consultation Paper on JuryService involves an examination ofjury service, in particular qualification,eligibility and selection processes,and relatedmatters. This is the firstwide-ranging analysis of jury servicesince the passing of the Juries Act1976, which was largely based onrecommendations for reformmadein 1965. The Consultation Papertakes account of submissionsreceived by the Commission andother concerns expressed publicly(including by the Director of PublicProsecutions), that the existingprocesses for jury selection do notresult in the selection of juries thatare representative of thecommunity.TheMinister for Justice and Law

Reform, Mr. Dermot Ahern T.D.launched the InterimReport onPersonal Debt. TheWorking Groupcomprised representatives of theLawReformCommission;Department of Finance;

Department of Justice and LawReform; Financial Regulator; MoneyAdvice and Budgeting Service(MABS); Courts Service, and IrishBanking Federation (IBF). TheReport contains a 14 point action planof initiatives to deal with currentpersonal debt issues.

All three publications areavailable onwww.lawreform.ie.

on hearsay, jury service and personal debtLaw Reform Commission publications

Cloughjordan Cub Scouts recentlyvisited Nenagh Courthouse where

caretaker Tony Canning gave a tour ofthe courthouse, with an introduction tothe justice system. Using the 'ScoutMethod' (learning by doing), a 'MockCourt' was held. The scouts, assisted byGarda TomCasey of Nenagh GardaStation, escorted the accused (DonalMaher, scout leader) to court for trial by

scout jury. He was tried for stealing 1lbof sausages at a scouts camp in Apriland fleeing the scene in a stolenkayak. ‘Judge’ Tony Canning(caretaker) gave the closing statementbefore sending the jury to deliberate.Great fun was had by all. The accusedwas found guilty and escorted to thecells by Garda TomCasey, assisted byscout gardaí. Appeal pending!!!

Garda Tom Casey, Nenagh Garda Station &

“Prisoner” (Cub Scout Leader Donal Maher )

with Cub Scout Gardaí (Kieran O'Connor &

Christopher Moyles)

CUB SCOUT LEADER “TAKEN TO COURT”


16 news

It was celebrations all round at the recent O2AbilityAwards where the Courts Service was awarded thestatus of ‘Ability Company’ andwas short listed for anaward in the ‘environmental accessibility’ category. Theawards are for best practice in the inclusion of peoplewith disabilities both as customers and as employees.The building submitted for examination was the newCriminal Courts of Justice (CCJ) in Dublin.The award of the status of ‘Ability Company’ was a

significant achievement for the Service and a positiverecognition of the work undertaken over the last tenyears to improve the accessibility of buildings,facilities and services.Photographed are Chief Executive Officer, Brendan

Ryan, and CCJ Project Manager, JohnMahon,accepting the "Ability Company" award withMinisterfor Enterprise, Trade and Innovation, Batt O’KeefeT.D., Danuta Gray, O2 and Caroline Casey, Kanchi.

Ability award for Courts Service

Criminal Courts of Justice

The Criminal Courts of Justice wasvoted the ‘Best Accessible

building’ and won the ‘People’sChoice Award’ for Ireland’s favouritenew building at the recent RoyalInstitute of the Architects of Ireland(RIAI) Irish Architects Awards 2010.Over 9,000 votes were cast for the

‘People’s Choice Award’, designed toraise awareness of architecture inIreland, with 20% going to theCriminal Courts of Justice.At the awards ceremony in

Farmleigh, RIAI DirectorJohn Graby said, “At a timeof immense challenge forthe architectural profession,it is heartening to see suchexcellence in architecturaldesign. It is also gratifyingthat as the quality of thebuildings produced everyyear continues to increase,so does public interest ingood design, as we can seefrom the strong responseto the ‘Public Choice Award’.

Pictured below are OPWChairperson Clare McGrath, CourtsService CCJ Project Manager JohnMahon, Project Architect PeterMcGovern of Henry J. Lyons,Architects, Minister for State withspecial responsibility for Planningand Heritage, Ciarán Cuffe T.D., andPresident of the Royal Institute ofArchitects of Ireland (RIAI) PaulKeogh.

Kilmallock voted ‘BestPublic Building’

The ‘Best Public Building’ award atthe RIAI event went to the CivicPrecinct in Kilmallock which houses acourtroom, branch library and thelocal area office for Limerick CountyCouncil. The courtroom, located in arecently refurbished building, will beofficially opened by the Minister forJustice and Law Reform, DermotAherne T.D. in the coming weeks.

Kilmallock Civic Precint which won the award

for Best Public Building


The Courts Service Annual Report for 2009contains much evidence of an organisation that

is willing to reinvent itself to deal with an everchanging working landscape. The report highlightsthe efforts that continue to be made in offices allaround the country to provide consistent levels ofservice. It also highlights the modernisationinitiatives commenced or continued during theyear. And all of this undertaken within the contextof less resources and increased workloads. Herewe put a spotlight on 2009:

Reporting on 2009 – a year of many challenges


The major challenge for the Courts Servicecontinued to be the provision of resources so

that courts around the country could function on adaily basis. There must be staff in court offices todeal with the work of the courts – work carried outnot only in courtrooms but in a myriad of functionscarried out behind the scenes.The Annual Report provides details of the work

of the courts – statistics on the huge amount ofcases dealt with in 2009 across all jurisdictions.

This information is provided side by side withdetails of the ongoing developments which theCourts Service continued to make in areas such assupport for the judiciary, provision of informationfor the public, reform and development of courtprocedures, finance, information andcommunications technology, and buildings.

The Courts Service: A look at change, progression and corporate initiatives

The highlights of the modernisation measures in 2009 were:

Amajor initiative ‘Transforming Administration and Structures in theCourts’ (TASC) aims to find potential solutions to the challengesfacing the Service and enable it become a more effective andefficient organisation. A Report of the TASC group was presented tothe Board of the Courts Service at the end of the year.

The handing over the new iconic Criminal Courts of Justice complexin Dublin. The first sitting of the Central Criminal Court was held inthe new building in November and was followed by sittings of theDistrict Court at the end of the year. The building has been fullyoperational since January 2010 and is already transforming theconduct of criminal business in the capital.

Work on a standardisation project for all civil and family lawprocesses, within and across court jurisdictions, continued in 2009and will be completed before the end of 2010. This initiative is animportant precursor to the development of a civil case managementsystem for all courts.

Family law case progression became fully operational in all CircuitCourts with county registrars monitoring the progress of cases pre-trial and making final arrangements for the trials.

Video conferencing between Limerick District Court and LimerickPrison was used for the first time in May 2009.

Over twomillion visits weremade to our website (www.courts.ie) thehighest annual total to date. The site was named as one of the ‘Top10Court-RelatedWebsites’ in the world by US company ‘Justice Served’.

Court funds managed by the Service for the benefit of wards of courtand minors continued to exhibit strong performances. This has beenthe pattern since investment strategies were established for thefunds in December 2003. This has cushioned them from the worstimpacts of the global financial crisis.


The Courts:

In the civil courts, the work continued to reflect thechange in the economic climate. There was anincrease in cases of a commercial nature particularlythose involving claims for the recovery of debt andthose affecting companies. There were 152,872 civilcases issued. In the criminal courts, cases involvingmurder, drugs, theft and robbery, and road trafficoffences continued to increase. The courts dealtwith over 500,000 criminal matters.

The Courts: a look at another year of huge activity

The highlights across all court jurisdictions in 200953 newmurder cases in the Central Criminal Court - the highest number since 2002

49 new rape cases in the Central Criminal Court - the lowest number since 2005

320 High Court European Arrest Warrant applications - a 40% increase on 2008

324 appeals lodged in the Court of Criminal Appeal

31 accused persons before the Special Criminal Court - the highest number since 2004

1,586 theft and robbery offences dealt with in the Circuit Criminal Court - an increase of 28% on 2008

954 drugs offences dealt with in the Circuit Criminal Court – an increase of 23% on 2008

17,620 drug offences dealt with in the District Court – an increase of 12% on 2008

333,161(64%) of summary cases disposed of in the District Court related to road traffic offences

Orders made in the High Court to wind up 128 companies - a 66% increase on 2008

17 new bankruptcies in the High Court – a 110% increase on 2008

373 new cases admitted to the Commercial List in the High Court - an increase of 53% on 2008

293 orders for possession made in the High Court - a 23% increase on 2008

304 orders for possession made in the Circuit Court – a 35% increase on 2008

5,653 claims for recovery of liquidated debt in the High Court – a 48% increase on 2008

1,884 undefended judgments for liquidated debt in the High Court – an increase of 59% on 2008

347 judgments in defended cases for the recovery of liquidated debt (Master’s orders) – a 43%

increase on 2008

13,613 judgments for liquidated debt in the Circuit Court - a 33% increase on 2008

29,285 judgments for liquidated debt in the District Court – an 18% increase on 2008

57% of all judicial review applications in the High Court relate to asylum

1,627 applications for judicial separation – a 19% decrease on 2008 – majority of applications by

wives (83% in the High Court; 73% in the Circuit Court)

3,716 applications for divorce – a 13% decrease on 2008 – majority of applications by husbands in

the High Court (64%) and by wives in the Circuit Court (54%)

55 applications for nullity – a 10% decrease on 2008 – majority (60%) made by husbands

152 appeals to the High Court from the Circuit Court in family law cases – a 27% increase on 2008

957 applications for custody in the District Court – a 27% increase on 2008

9,856 applications under domestic violence legislation - a 5% decrease on 2008

4,348 applications for access in the District Court – a 25% increase on 2008

192 pub licences granted in the Circuit Court – a 26% decrease on 2008

34 restaurant licences granted – a 51% decrease on 2008

21 hotel licences granted – a 43% decrease on 2008


The Courts Service Annual Report 2009is available on our website www.courts.ie

WWW.COURTS.IE


The Courts Service continues to work with the judiciary to reduce waiting times forlitigants. Of themany initiatives underway we asked High Court Principal RegistrarKevin O’Neill and Garda Compensation List Registrar Emer Griffin to explain howmatters have improved in one area:

Reducing time for award ofcompensation to An Garda Síochána

AGarda injured in the course ofduty is, with the approval of the

Minister for Justice, entitled toapply to the High Court forcompensation under the GardaCompensation Act 1941.Proceedings are commenced byway of special summons namingthe Minister for Finance as thedefendant.Cases are initially returned before

the Master of the High Court whotransfers them to the judge’s list forhearing. The judge’s list in this caseis the Garda Compensation Listdealt with every Monday before ajudge of the High Court. Theplaintiff can apply to the judge for adate for hearing once the case hasbeen transferred to the list by theMaster and the State is ready toproceed.The Garda Compensation List is

one of the High Court lists that haswitnessed a major reduction in thetime is takes to get a date forhearing in recent years. This can beattributed to a number of measuresincluding the speedier transfer ofcases from the Master’s Court,consent by the State to proceed andmore streamlined management ofthe cases by the judge and registrar.Many cases were not actually readyfor hearing on the assigned hearingdate. Hearing dates are nowreserved for those cases wherethere are no outstanding pre-trialissues. Of particular importance hasbeen the organisation by thepresiding judge of additionalsittings on a number of occasions inthe past two years.At the beginning of the Easter

sittings in 2008 the waiting time fora hearing date was 28 weeks. By

April 2009 this had been reduced tosix weeks, and at the end of 2009 itwas four weeks. In 2009, there were235 orders for compensation made- of these 40 were initiated in 2007,136 in 2008 and 52 in 2009.In 2009 there were 325

summonses seeking compensationissued with 52 of these disposed ofby end of that year. Of the 43 ordersmade from January to May 2010, 30relate to cases commenced in thelatter part of 2009.

The Annual Report 2009 (see pages 17 - 20)refers to other initiatives which reducedwaiting times for litigants. They includedpositive call overs in the High Court,additional judges assigned to hearcriminal cases in the Circuit Court, andspecial sittings around the country in theDistrict Court.

Other initiatives to reducewaiting times

feature 21


22 news

The Northern Ireland Court Service hasbecome the Northern Ireland Courts

and Tribunals Service and is now anagency of the new Department of Justice.This follows the devolution of policing andjustice powers to the Northern IrelandAssembly on 12th April. The new nametakes account of the organisation’sexpanded responsibilities in respect oftribunals.

The Courts and Tribunal Service is one offive agencies within the new department.The others are: the Northern Ireland PrisonService, the Compensation Agency, theForensic Science Agency, and the YouthJustice Agency.

You can read more about the newdepartment at www.dojni.gov.uk

Changes for Northern IrelandCourt Service

When I realized that it waspossible to work a month abroadduring my education, I immediatelystarted looking for opportunities. Iasked people I hardly knew forsuggestions. Where should I go? Acolleague from Copenhagen toldme she once visited the courts inDublin and it had been a wonderfulexperience.The Courts Service offered me a

work placement in the Directorateof Reform and Development. Theyasked me to do two differentprojects – by myself. I was nervousthat I wouldn’t live up to theirexpectations. I knew nothing aboutthe Irish court system and I didn’tknow any English legal terminology.Lucky for me they were prepared formy lack of skills. The first day I wasintroduced to the court system andthe projects. I had to update aregister of all new legislation

affecting the courts and make amanual about mediation indifferent parts of the world to usefor implementing mediation in theIrish courts. With Google Translateas my new best friend I finishedboth projects. The people aroundme were very helpful and made abig effort to make my experience asgood as possible.Apart from working on the

projects I got to see the courtsystem in action. I visited almost alltypes of courts. It was veryinteresting and quite different fromthe system in Denmark. Neverbefore have I seen a judge givinglectures to the accused. I don’t gethow you keep track of what is goingon in the court rooms with all thosepeople in there at the same time. InDenmark it is always one case at atime no matter what stage the caseis at or what kind of case it is. You

have a lot of old traditions in the Irishcourts. I have to admit that I had to bitemy lip not to laugh at the wigs in thebeginning. Luckily I got used to it. Now Ithink the way they are a symbol ofstatus is kind of cool.Naturally I didn’t spend all my time at

work. I chose to live in a hostel duringmystay tomake sure that I didn’t get lonely,and I sure didn’t. I made a lot of newfriends and in their company I became agreat fan of Guinness and the Irish pubculture. I fell in love with Dublin city andits amazingly easygoing, helpful andfriendly people. I want to go back assoon as possible and I am so grateful theIrishmade it possible forme to have thetime ofmy life.

Thank you!!

Mette Lausen is 22 and works in a District Court in Aalborg, Denmark.She recently spent amonth in the Courts Service. She sent us thisarticle about her experience:

The experienceof Dublin

Mette with Noel Rubotham & Noel Dohertyof Reform & Development Directorate


appointments 23

Staff appointments

GERALDINEMANNERShas been appointed asRegistrar of the SupremeCourt. Prior to thisappointment Geraldine wasRegistrar of the Court ofCriminal Appeal.

JOHN GLENNON has beenappointed Examiner of theHigh Court. John wasDeputy Probate Officer priorto this appointment.

BERNARDNEARY hasbeen appointed Registrar ofthe Court of CriminalAppeal. For some years priorto this appointment Bernardwas the Bail List Registrar inthe High Court.

MICHAELO’BEIRNE returns tothe Courts Service followingseveral years with the ResidentialInstitutions Redress Board totake up a principal officerposition in the Organisation andDevelopment Unit.

JIM FINN has beenappointed Registrar ofWards of Court. Jim takesup this position followingseveral years as Examinerof the High Court.

MARGARETMOLONY hasbeen appointed GeneralSolicitor for Minors andWards of Court. Margaretwas Deputy GeneralSolicitor prior to her recentappointment.

SIMONHALL has beenappointed Deputy ProbateOfficer. He moves fromthe Information andCommunicationsTechnology Unit to takeup his new position.

FEARGAL O’BROLCHAINmoves from the Organisationand Development Unit totake up a principal officerposition in the Informationand CommunicationsTechnology Unit.


24 appointments

MS. PATRICIA MCNAMARA has been appointed a judge of theDistrict Court. Judge McNamara attended University College Cork andThe Incorporated Law Society, Blackhall Place where she qualified asa solicitor in 1983. She is also a founding member of the Irish WomenLawyers’ Association (IWLA). Judge McNamara has been assigned tothe Dublin Metropolitan District with effect from 31st May 2010.

MR. OLANN KELLEHER has been appointed a judge of the DistrictCourt. Judge Kelleher attended University College Cork and qualifiedas a solicitor in 1977. In 1982 he became a founding partner in the firmnow known as Comyn Kelleher Tobin where he practised until hisrecent appointment.

MS. CATHERINE STAINES BL has been appointed a judge of theDistrict Court. Prior to her appointment Judge Staines was a partner inMichael J. Staines & Company, Smithfield, Dublin 7. She studied inUniversity College Dublin and The Incorporated Law Society, BlackhallPlace, where she qualified as a solicitor in 1991. She also graduated asa barrister-at-law from the Honourable Society of Kings Inns in 2003.Judge Staines has been assigned to the Dublin Metropolitan Districtwith effect from 31st May 2010.

Judicial appointments


obituaries 25

MR. JUSTICE HENRY BARRON, who died recently atthe age of 81, was a long-serving member of the judiciary and aprominent member of the Jewish community.He graduated from Trinity College in 1950 with a first-class

honours degree in legal science having also won the prestigiousTrinity scholarship. He was called to the Bar shortly after hisgraduation, and had a mixed practice, taking silk in 1970. HenryBarron was appointed a High Court judge in 1982, and a SupremeCourt judge in 1997, the first member of the Jewish faith to beappointed to that court. He also granted Ireland's first divorce, followingthe passing of the constitutional amendment permitting it, but prior tothe enactment of divorce legislation, ruling that the Constitution itselfgave jurisdiction to do so.His life-long friend, Mervyn Taylor, said at his funeral that his

contribution to law would be found, not only in his judgments, but in thelaw reports recording the cases he had been in as a barrister. Among them

was a case striking down an adoption order for a six-year-old child, whichled to a change in the law. Henry Barron was known for "sensible"judgments, and for championing the rights of the individual againstbureaucracies and big organisations.He will be remembered widely for his role in conducting the inquiry into

the Dublin and Monaghan bombings after his retirement in 2000. Hiscommitment to the rights of ordinary people, combined with his sensitivityand courtesy, won him the trust and respect of the relatives of the victimsof the Dublin and Monaghan bombings, when he was appointed to inquireinto those atrocities.A keen sportsman, he played hockey, cricket, tennis and golf, and,

especially in latter years, was an enthusiastic bridge player. He was acommitted member of the Jewish community, and was president of theIrish Jewish museum.Henry Barron is survived by his children Jane, Harrie, Robert and Anne,

two daughters-in-law, a son-in-law, and 10 grandchildren. He waspredeceased by his wife Rosalind 13 years ago.

REMEMBERING...

Henry Barron was knownfor "sensible" judgments,and for championing therights of the individualagainst bureaucraciesand big organisations.


26 obituaries

TOMMYOWENS was born in Dublin in 1933. Educated atBlackrock College and UCD he qualified as a solicitor in 1955.He practised first in the firm of Flynnsolicitors where he met his wife,Margot (neeMaguire). In 1958 hemoved to Coothehill havingpurchased the practice of LarryO’Reilly. While practising in Cootehill,Tommywas actively involved in localcommunity affairs. His greatestcontribution at local level was hisinvolvement, in the early 1960s, insetting up St. Michael’s secondaryschool, the forerunner of St. Aidan’scomprehensive school. His legalknowledge and his understanding ofeducation were invaluable to thecommittee.Tommy was an able and diligent

solicitor and was appointed CavanCounty Registrar in 1973. Over theyears he made a huge contributionto the development of the office ofcounty registrar nationally. He waslargely responsible for the draftingof the 1998 and 2002 powers which gave county registrarsquasi-judicial functions similar to those carried out by CircuitCourt judges.In his role as county registrar Tommywas also sheriff for the

county and performed that role in a judicious yet fairmanner.While carrying out his sheriff duty hewas shot in an incident in1997. Hewas seriously woundedbut following a longconvalescence he returned to his duties undeterred by thosetraumatic events, serving as county registrar for a further six years.

Even after his retirement, he continued as a consultant withthe Courts Service and was involved in the drafting of rules in the

Circuit Court for the progression ofcases in family law. His generositywith his time and knowledge has beenacknowledged by solicitors and hiscounty registrar colleagues. He knewthe law and he knew the rules.Judge JohnO’Hagan described

TommyOwens as aman of hugeability whose advice and assistancewas sought by his fellow countyregistrars and also by legalpractitioners. Warm tributes were alsopaid bymembers of the legalprofession and by his successor asCavan County Registrar, Joe Smith.Tommy is survived by his wife,

Margot; sons Alex, SC and Thomas,law agent; by his sisters, Sr. Teresaand Sr. Alice; brother, Johnny;daughters-in-law, Sheila andMaireadand grandchildren.

STEPHANIECLEARwho died recently aged 91 left anoutstanding legacy when she retired in April 1980 following 40years in the public service.Born in Dublin, she was educated at the Dominican College,

Eccles Street. During her career in the courts she was one of apioneering group of womenwho paved the way for followinggenerations. Many will remember her years in theHigh Courtwhere she became the first womanRegistrar of the CentralOffice of theHigh Court (where she also served as AdmiraltyMarshall) and the first womanProbateOfficer. She had aparticular interest in the affairs of her trade union and served formany years as chairperson of the courts’ branch of the

Association of Higher Civil Servants.An intrepid traveller shemademany trips to continental

Europe in the days when such an activity was rare and unusual forthe average person. Shewas a foundingmember of the Irishbranch of Amnesty International andworked tirelessly with themover the years. Indeed she often used her talents as a watercolourist to benefit Amnesty by donating the proceeds ofexhibitions in Dublin galleries.Stephanie is survived by her nieces and nephews, grand and

great grand nieces and nephews, and cousins.

REMEMBERING...

REMEMBERING...

His generosity with his time andknowledge has beenacknowledged by solicitors andhis county registrar colleagues.He knew the law and he knewthe rules.


retirements 27

Retirements

The recent retirement ceremony for Supreme Court judge,Mr. Justice Hugh Geoghegan, heard him make a ‘now

traditional serious point’, whenhe said that lengthy delays insecuring judgments from theSupreme Court could beeliminated by a new civil courtof appeal. He noted that thereare 37 judges in the HighCourt dealing with a majorincrease in work yet only eightjudges in the Supreme Courtto deal with the consequentincrease in appeals. Heexpressed his support for thework of Mrs. Justice SusanDenham, who recentlychaired the Working Groupon a Court of Appeal. Hecomplimented her effortsand – to much laughter -said it reflected the goodtraining he gave her as hisdevil.Judge Geoghegan was

called to the Bar in 1962,became a High Court judge in 1992 and was appointed to theSupreme Court in 2000. The Chief Justice, Mr. Justice Murray,noted that Judge Geoghegan was always motivated by a deepsense of justice rather than a strict adherence to precedent.He said that although he would be greatly missed he left animportant legacy through his judgments.Attorney General Paul Gallagher said Judge Geoghegan was

a man of innate modesty whose working life had beeninformed by a deep sense of dedication to public service – onedominated by a belief in justice and achieving justice within thelaw. Michael Collins SC, Chairman of the Bar Council, said thatthe single word “kindness”, was all that was needed todescribe the personal attributes of Judge Geoghegan, tellingthe packed courtroom that his judgments were infused with adeep sense of humanity and compassion. And he pointed out“that not only has he always been able to answer any questionasked of him by me, but I know of no-one who has ever askedhim a question he did not know the answer to!”.

The Supreme Court bench was joined by the judge’s wife,Ms. Justice Mary Finlay Geoghegan of the High Court. Also in

attendance was his father-in-law, former ChiefJustice Mr. Justice ThomasFinlay. Judge Geoghegan’sfather served as AttorneyGeneral and later as aSupreme Court judge.The judge said that he was

“overwhelmed to the point oftears” and “flattered beyondbelief” by the “exaggerated”tributes paid. They includedcontributions by barristers,solicitors, and Supreme CourtRegistrar Geraldine Mannerson behalf of the CourtsService. He noted the supportand friendship of CourtsService Chief ExecutiveBrendan Ryan over many yearsand singled Elisha D’Arcy of theJudicial Support Unit out forthanks. “I imagine if I phonedher on Christmas day she wouldabandon the turkey to be ofassistance”, he said.

Mr. Justice Geoghegan retires after 40 years of a ‘charmed career’

“Judge Geoghegan was a man ofinnate modesty whose workinglife had been informed by a deepsense of dedication to publicservice – one dominated by abelief in justice and achievingjustice within the law. ”


28 retirements

Margaret joined the GeneralSolicitor’s Office in 1982 and was

appointed General Solicitor in June 1988.During her time, and enabled by theCourts Service, the Office grew to amuchlarger scale operation. Margaret oversawthis transformation which includedincreased staffing, the computerization ofaccounts and enhanced technology toinclude a case tracking system.Margaret was an inspirational head of

office, manager andmentor. Herextraordinary intellect and her couragewill bemissed by all who worked with her.She has a sharp legal brain with the abilityto get to the core issues in a case toachieve practical and compassionatesolutions. Margaret has inbuilt ‘sat nav’for problems coming down the line and aningrained business sense.Her door was always open and she was

cheerful, positive and helpful to allirrespective of pressure. Past and presentmembers of the office are grateful toMargaret for her dedication to them and tothe office and for her absolutecommitment to theWards of Court who

always came first. It was a privilege to bepart of her team.To quote from the final chapter of ‘The

Diving Bell and the Butterfly’ by Jean-Dominique Bauby: “Meanwhile I amsavouring this last week of August with aheart which is almost light, because for thefirst time in a long while I don’t have thatawful sense of a countdown – the feeling

triggered at the beginning of a holiday thatinevitably spoils a good part of it”.We are glad for Margaret that she will

now savour all her holidays.

Margaret Maloney and Deirdre Smith

Colleagues fromwithin and outsidethe Courts Service gathered in

Phoenix House recently to bid farewell toShay Kirk, a stalwart of the Buildings Unit.Having prepared plans formany courtbuildings it was time for Shay to do someplanning for himself as he took advantageof the early retirement scheme.Director of Infrastructure Services Paul

Burns addressed a large gathering thatincluded High Court judges, IarfhlaithO’Neill and JohnQuirke of the CourtsService Board Building Committee, andSecretary General of the Department ofJustice & LawReformSeán Aylward.Others present were former CourtsService Director of Estates & BuildingsJimMcCormack, regionalmanagers, andmembers of Shay’s family.Paul mentioned the esteem in which

Shay was held by so many colleagues inDublin and around the country. “I’veseen his handiwork, the buildings andthe work he has done. I’ve witnessed thegreat welcome and respect he gets from

everyone he meets.He has such greatenergy andenthusiasm for hiswork - he can drawany courthouse onthe back of anenvelope! He is agentleman and it hasbeen a pleasure andan honour to workwith him.”Paul’s words were

echoed by ChiefExecutive OfficerBrendan Ryan, Headof the Courts ServicePPP Unit John Mahon and Office ofPublic Works Director Michael Haugh. Allagreed that Shay will be a hard act tofollow.For his part, Shay thanked everyone for

their kind words. He was especiallycomplimentary of his colleagues in theoffice and expressed his gratitude for the

support of his family. “I don’t see this asretirement”, he said. “It’s an opportunityfor change”.Knowing how fond he is of the outdoors

and especially of excursions on his HarleyDavidson we don’t expect Shay to let thegrass grow under his feet. We wish himwell wherever life takes him.

Shay Kirk plans for his future

Margaret McGreevy takes early retirement

MargaretMcGreevy with her colleagues from the General Solicitors officeat her retirement function inMarch

Shay pictured with his wife Antoinette (who works in the

Dublin Circuit Court Office), son David and daughter

Aoife at his recent retirement party


In addition to the retirements mentioned on pages 27 and 28 we saidfarewell to some other colleagues:

Other retirements { }Maeve Kane retired as Registrar of the Supreme Courtfollowing a career in the courts that spanned over 30years. Prior to her appointment to the Supreme CourtMaeve worked in the High Court Central Office where shewas a registrar in the chancery courts for many years.

Noel Doherty retired as Registrar of Wards of Court.Noel’s career in the courts started in the High CourtCentral Office in 1977 and over the years includedpositions as Accountant of the Courts of Justice andAssistant Examiner of the High Court.

retirements 29

After 22 years as County Registrar for Sligo KieranMcDermott retired to pastures new recently. At his

retirement function in the Glasshouse Hotel in Sligo there wasalso a warm welcome for new Sligo District Court Area judgeKevin Kilrane. Others in attendance included Kieran’s family,

his colleagues from the Circuit and District Court offices,several members of the local Solicitors' Association, barristersfrom the Midland Circuit and serving and retired members ofthe judiciary. These included High Court judges, Henry Abbott,Mary Irvine and Mary Laffoy and retired District Court judges,Oliver McGuinness and Bernard Brennan.TomMacSharry paid a warm tribute to Kieran on behalf of

the Sligo Solicitors' Association. A solicitor himself, Kieranstarted in legal practice in the late 1960's in Sligo town wherehe had a busy practice until he was appointed County Registrarfor Leitrim in 1982. Tom praised Kieran’s calmness andprofessionalism particularly in his role as returning officer forgeneral and European elections.His colleagues recalled a man who always adopted the

common sense approach and never lost the common touch.Kieran thanked his colleagues and all the people he workedwith during his time in Sligo.We wish Kieran a long and happy retirement and send best

wishes to his family.

Kieran McDermott retires as Sligo County Registrar

After 19 years in the Four Courts, Maureen McKenna,superintendent of cleaners, retired recently. Her family

came in numbers to the Judges’ Dining Room to hear ChiefExecutive, Brendan Ryan and Head of the Dublin BuildingsUnit, Frank Lyons praise Maureen for her work over the years.“The month of May was a significant one during Maureen’s

career with us”, Frank said. “She joined in May 1991, waspromoted in May 2002 and retired in May 2010”. He went on topoint out that Maureen is also a champion darts player, partygoer of renown, and doting grandmother to her ninegrandchildren.Brendan Ryan recalled his time as Administration Manager

in the Four Courts and reminisced about how times havechanged over the years since Maureen joined the courtscleaning staff.Maureen spoke of happy times in the courts and thanked

everyone who had helped her over the years. “I’ve enjoyed mytime here”, she said.

We hope Maureen hits many bulls eyes in the years ahead!

Maureen McKenna does a final sweep

Kieran pictured at his retirement function with colleagues Ann Finn,Paraic O'Grady and Loretta Kearins of Sligo Circuit Court Office

Maureen (second from right) with her family at her retirement function


30 retirements

Mairead O'Neill, the firstwoman to be appointed as

a District Court Clerk retired fromthe Courts Service recently.Mairead graduated with a BCL

degree fromUCD in 1974. As avolunteer with the Free LegalAdvice Centre, she developed aspecific interest in family lawwhich she studied atundergraduate level. She joinedthe Dept. of Justice as the firstlady District Court Clerk on 3rdMay 1976,making her debut atUrlingford District Court whereshe was introduced by the lateJustice SeosamhMac Craith,father of Judge ElizabethMcGrath. Having worked in literally all fourcorners of the country, she came toYoughal District Court in February 1979 ontemporary transfer where she remained

until her retirement. During the 1990's shewas conferred with a Diploma in SocialStudies and a Diploma inWomen'sStudies. She became Chief Clerk of

Youghal District Court Officein 2002 and was promotedto assistant principal officerin 2008.Glowing tributes were paid

toMairead bymembers ofthe judiciary,superintendents of An GardaSíochána, members of thelegal profession andcolleagues. Severalpresentations weremade toMairead in recognition of thehigh esteem in which she washeld by all with whom sheinteracted. Her knowledgeand expertise will be a bigloss to Courts Service.

We wish herself and her husband Johnlong life and happiness together inretirement.

Mairead O Neill says goodbye

Pictured left to right:TomBrowne,District CourtOffice, Clonmel;GrainneBarry,District Court Office, Youghal; Margaret Swayne, District Court Office, Youghal;MaireadO'Neill,MichaelGoulding,DistrictCourtOffice,Cork;UnaPower,DistrictCourt Office, Youghal; Willie O'Connor, Regional Office, Cork; Ger Lynch, DistrictCourt Office, Clonmel; Anne Casey, District Court Office, Mallow.

Bob Flynn, began his career as anexecutive officer in the Department of

Education. On promotion to higherexecutive officer in 1976 hemoved to theRevenue Commissioners. He came to theFour Courts in 1993 working at first in theProbate Office and later as a registrar inthe High Court on promotion to assistantprincipal officer in 1997. He served as aregistrar in the Supreme Court for twoyears from 2003 and enjoyed a one-yearstint in the Central Criminal Court.One of hismostmemorablemoments

was in 2000 when the High Court sat forthe first time in Donegal. Bob was registrar

to the court together with Aisling O'NeillwithMr. Justice Lavan andMr. JusticeO'Neill presiding. A big fanfare of theoccasion wasmade locally.On his last day present and former

colleagues joined with his family andfriends as presentations weremade toBob by Principal Registrar, Kevin O'Neillon behalf of colleagues in the High Courtand by RichardMcNally on behalf of theHigh Court tipstaffs. Bob’s colleague inthe High Court, Bernard Neary, tells usthat Bob ismissed by his colleagues. “Thecraic is somewhat diminished with hisleaving”.

Bob Flynn takes his leave

Kevin O'Neill with Bob at

his retirement party

Alarge groupmade their way to ÁrasUí Dhálaigh tomark Theresa’s

retirement recently. Her colleagues werejoined by some old friends of the DublinCircuit Court to give her a big send off.TomWard, Chief Clerk of the Dublin

Circuit and District Courts, paid tribute toTheresa for the very high standard of herwork. He said that her departure was agreat loss to the Court Service in terms ofknowledge and expertise.

Theresa began her career in theDepartment of Justice, moving to DublinCircuit Court via Galway Circuit Court.During her time in Dublin, she was theauthor of the Circuit Court Civil Manualwhich became a “must have” for CircuitCourt offices around the country. Nodoubt the follow upmanual will be aboutTheresa’s new found interest – gardening!WewishTheresaall theverybest inher

retirementandextendeverygoodwish toherhusbandBrendananddaughterMairead.

Theresa Lowen bids farewell


book review 31

Noel A. Doherty reviews this first translation intoEnglish of a novel published in Germany in 1947. Theauthor whose real name was Rudolph Ditzen died thesame year and just prior to its publication.

The novel, based on a true story, isset in the German capital under

Nazi rule during the war years. Ottoand Anna Quangel hear that theironly child Ottochen has been killedat the front. Otto, a foreman in afactory determines to do somethingto revenge the waste of his son’slife and to draw attention to thefolly of Hitler’s war. He decides ona secret postcard writing campaign,one postcard each week which hewill leave in a place where it will befound and passed around. In hergrief Anna supports her husbandin his campaign. However, such istheir fear of the Gestapo, thepeople who find the cardsimmediately hand them over tothe authorities. The task of finding the postcard writer fallsto Inspector Escherich and the story becomes a tensethriller as the inspector, under pressure from his superiors,hunts his prey.

The novel is, however, much more than a thriller, albeit avery exciting one. The people of Berlin go about their dailylives, some just wanting to survive, some taking advantageto feather their own nests while others attempt to maintaintheir humanity despite the odds stacked against them. We

encounter the Persicke family, and inparticular the young Bulder Persicke, amore than willing member of the Hitleryouth and Emil Borkhausen, a pettycriminal. There is also Enno, the pathetichusband of Eva Kluge, a postwoman with agood heart, and Trudel Baumann, fiancé ofthe deceased Ottochen.The citizens of Berlin are fearful, both of

the regime and of one another. Who can betrusted? Anyone might be an informer,anxious to curry favour with the police andGestapo. People are drawn in to support theregime. But some remain uncorrupted. OttoQuangel, when asked if he regretted what hehad done when it accomplished so little, says“At least I stayed decent. I didn’t participate”.The novel has, justifiably, become a

bestseller since its publication in English and itis certainly a rewarding read on a number oflevels.

ALONE IN BERLINby Hans FaladaPenguin Books, 2009

book review

ALONE IN BERLIN


32 holiday review

Easily accessible by ferry fromDublin, Dún Laoghaire andRosslare ports, Birmingham is the UK’s second largest city. Itsvast size is reflected in the depth and range of activities andsights on offer. The city is steeped in Irish culture having longbeen the destination of choice formany young Irish forced toleave in hard times.Compact and almost entirely surrounded by the city’smany

canals, the city centre is easily navigated by foot or by bus. Bigname hotels including The Radisson, Hyatt, Holiday Inn andMalmaison offer competitive nightly rates within walking distanceof the shopping district and the night-life hotspots. Forsomething different try the SACO complex offering self-cateringapartments in the leafy Edgbaston area.Food connoisseurs will not be

disappointed – with over 200restaurants dotted around the citycentre alone, you’ll be spoiled forchoice. Of course it is Birmingham,so you have to sample some Asiancuisine. The city’s large Indianpopulationmeans you're never faraway from a head-melting vindaloo.For something a little pricier, try Asha’s,while the Balti Triangle with its 50 eateries is simply unmissable.No trip to Birmingham is complete without a visit to Cadbury

World to learn about the history of chocolate, its production andadvertising (and of course to sample a few delights along theway). The BirminghamMuseum and Art Gallery has the world’slargest display of pre-Raphaelite art on permanent display, whilethe Ikon Gallery is heaven formultimedia and photographyenthusiasts. In fact, the city hasmore than 500,000 works of artin one squaremile.

Theatre buffs can sample the world-famous BirminghamHippodrome, the busiest theatre in the UKwith 47,000 seatsavailable every day, while the LG Arena and theNIA regularlyhost the biggestmusic artists in the world. The Electric Cinemaon Station Street, at 100, is the UK’s oldest working cinema.Themore outdoor type can visit the stunning Botanical

Gardens at the University of Birmingham and Dudley Zoo. Headto theWest Midland Safari park with its fourmiles of safari trail toget really close to some of the world’s largest creatures.Birmingham offers plenty for shoppers. Bullring is a shopper’s

paradise with 160 shops, including two department stores, whilethe area aroundNewStreet, High Streetand CorporationStreet offers all thebig brand names. Withthe current euro-sterling exchange rate,you can find the samegoods as in Ireland - butfor a third less. After allthat retail therapy,model your new outfit insome of the city’s

trendiest bars. Hit the area around Broad Street for the best DJsets in town or try some champagne in the hip Jewellery Quarter.Birmingham is a city in transition. It’s shaking off the ghosts of

its industrial past, whilemaintaining an unmistakably uniquecharm. The city has been short listed to be the UK Capital ofCulture in 2013 and the regeneration of older areas and thecreation of new ones is plain to see everywhere.

B irminghamLLeett’’ss ggoo ttoo::


holiday review 33

New York is, it goes without saying, a tourist mecca and,especially so, on an Easter weekend. Thismeant that thequeues for a number of attractions such asMOMA (MuseumofModern Art) and the ferry to Ellis Island were a couple ofhours long and will have to await another visit which will be nogreat hardship. I did get to visit St. Patrick’s Cathedral and theaircraft carrier The Intrepid, which proved extremelyinteresting. I also wandered in Central Park and through abustling Chinatown on Easter Sunday.Tuesdaymorning at 6.15 sawme, rather bleary eyed, catching

an Amtrak train to Savannah, Georgia only 900miles andapproximately 14 hours away. As we sped (maybe not quite theright word) along, I caught glimpses of Philadelphia, Baltimore,andWashington D.C.(in Cherry Blossom time). At Philadelphia Igained a travelling companion, a retired lady on her way hometo South Carolina from a visit to her family in the north. Fromtime to time over the next few hours, we conversed on Americanand Irish history, and American politics.Savannah, founded in 1733, is a small city laid out in extremely

attractive squares and easily explored on foot although a trolleytour is a fun way to see themain attractions. There are a couple ofexcellentmuseums including the Telfair and the Owens-ThomasHouse, where you can visit the former slave quarters. The eventson which the novel Midnight in the garden of Good and Evil isbased, occurred here and the novel is available prettymucheverywhere in the city.

On Friday I took theGreyhound bus or “the dog” toJacksonville, Florida tomeetfriends from the Federal Courts ofMid Florida and to attend aceremony for Judge Adams who

was taking senior status. It was a lovely ceremony at which aportrait of His Honour was unveiled. My couple of days inOrlando included riding the rollercoasters at Universal Studios.At the Federal Courthouse in Orlando, I attended the annual

“Spring Fling” where court staff and judiciary get together for anopen air lunch with staff and judiciary providing the food,mostlyhomemade. Could this catch on here?All in all, a great two weeks and a great way to seethe States.

Not the movie but a trip taken byNoel A. Doherty to New York, Savannah,and Orlando over twelve days earlier this year.

Planes, Trains and Automobiles

... and A “Greyhound Bus”


A Summer Evening in Smithfield

34 out of the office

OOuutt ooff tthhee OOffff iiccee wwiitthh……

KKeevviinn CCaahhiillll

What is your hobby?Motor-rallying. I am a member of theMunster Motor Car Club.

How long have you been involved?I have been a member of the club foraround 15 years and am currently thesecretary. I got involved through myfather who has been a member for thelast 40 years.

Important EventsWe run two big events each year. TheMoonraker Forest Rally, which is a roundof the National Forest Championship.It’s a one day Forest Rally held in May.We need about 50 competitors to breakeven on the event but this is provingmore difficult each year because of therecession. This year the stages were runin the Vee, Scart and Coolatoor Forestmountainous terrain. The Cork "20" International Rally, the

last round of the Citroen Irish TarmacRally Championship is traditionally heldon the first weekend of October. It is atwo day event over closed roads throughclassic stages such as Mullaghanish,

Fuhiry and LoughAllua. We can havebetween 131 to 151competitors in the rallydepending on how the stagesare organised. Amongst thegreats who have taken part areSebastian Loeb (current WRCChampion), Jimmy McCraeand rally legends AustinMcHale and Billy Coleman.

Things to look forward to in the futureIn 2007 and 2009 the club providedmarshals, time-keepers and scrutineersto facilitate the running of the WorldRally Championship. We are hoping torepeat the experience in 2011 or 2012.

What do you enjoy most?There is such a buzz getting up at thecrack of dawn, setting up the stages,taping the gates, checking all theboreens, gateways and farms yards inpreparation for the races. Then it’s 5, 4,3, 2, 1 and go. If you are in a valley, youhear the screaming engines of a Scooby

(Subaru Impreza), or Mark II, and you getsuch an adrenaline rush. Then when theracing is over there’s congratulations forall who finished the rally safely, prizesfor the winners in each class and theoverall winner, and plenty of craic at thebar afterwards.Rallying in Ireland is a minority sport

but those involved are very dedicated.You meet the same faces, eitherorganising the rally or acting as officialsand marshals. I would describe it as mysecond family.

Cork Circuit Court

Retired High Court Registrars Terry Hennigan andRay Daly with Helen Daly enjoying their evening

Beiti Byrne, who recently retired

from Cork City District Court

with her mother Rose Morgan

There was a large turnoutfor the annual SummerEvening held in PhoenixHouse in May. The guestswere treated to music byEoin C. Lynch and DavidMaguire, and had a chanceto catch up with old friendsand colleagues.

A Summer Evening in Smithfield


quiz 35

QQuuiizz TTiimmee

To give us all a break from sports in general and soccer in particular here’s a short quiz to stretch some other parts of the brain.

1. Paris is to France as Vilnius is to ___________________

2. Kitten is to Cat as ________________ is to Leveret

3. Bizet is to Carmen as _______________ is to La Traviata

4. Snake is to Slytherin as ______________ is to Hufflepuff

5. Veal is to Calf as ____________ is to Deer

6. Poseidon is to Neptune as _________is to Mercury

7. Wine is to Grapes as Sake is to _______________

8. Roy Rogers is to Trigger as _______________ is toBlack Bess

Answers to the March Quiz:

The film ‘Invictus’ starring Morgan Freeman and Matt Damon

inspired the quiz for our March issue. Some of the questions

were sports related while others were a combination of sports

and the arts.

1. ‘Provided you don’t kiss me: 20 years with Brian Clough’2.Martina Navratilova and Chris Evert3. American football4. Fast Eddie : Vince : Carmen 5. This Sporting Life – Rugby League6. 19937. Donal Óg Cusack8.Michael ‘Mouse’ Morris Sharon Kineen, Criminal Courts of Justice

being presented with her prize on our behalf byher colleague, Damien Downey.

CCoonnggrraattuullaattiioonnss ttoo......

Answers should be submitted no later than Friday 27thAugust 2010. Hard copies can be sent to Fiona Farrell,Information Office, 6th Floor Phoenix House,Smithfield, Dublin 7 or by email to:[email protected]


36 through the lens

Judges & Attorneys at law from Republic of Slovenia m

eet

Mr. Justice O'Neill at the Four Courts

Dublin City Council ‘Walk & Talk’ Group visit the CCJ

Naas District & Circuit Courts staff

have a get together

Judicial Research Assistants from the Federal Supreme Court in Germany withElisha D'Arcy, Judicial Support Unit, Noel Rubotham, Reform & DevelopmentDirectorate and Carol Coulter, Irish Times on a recent visit to Dublin

Through the lens

US Law Students from Chicago and Ohio being hosted by UCD meet Judge Ann Ryan, of the District Court


nuacht na seirbhÍse cÚirteanna webfiles... · the book of pleadings must a)include a copy of the...

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