Archive for October, 2014

When the Boot is on the other Foot

October 1, 2014

The following article appeared in the Irish Independent Newspaper 19th September 2014 Author Dearbhail McDonald Now this particular journalist Nemesisone approached and met with a Lay Litigant January 2007, she took notes on what was said however took the matter no further at her own decision or that of the newspaper is not known

Now Barry White’s decision to go back to the bar could not be based on earning an income as he has a pension and he could not hope to go back to the heady days of 20 years prior to him been appointed a High Court judge 2002 As said in the Newspaper article about his position as a criminal lawyer

However, Barry White’s decision to go back to the bar is hardly based on earning an income as he has a pension and he could not hope to go back to the heady days of 20 years prior to him been appointed a High Court judge 2002 As said in the Newspaper article about his position as a criminal lawyer

Now in regard that appointment another newspaper article also in the Irish Independent appeared 27th January 2008 it referred to a March 2001 meeting which Frank Dunlop had with his own SC some developers, and a prominent SC who wanted to become a judge and was later appointed Frank Dunlop said he would never give out the name of that SC with bench aspirations And the meeting did not relate to the Mahon Tribunal, which was then in session

Mr Justice ‘ANO’ need not worry. The unnamed High Court judge’s identity is a secret that is safe with Frank Dunlop. As Mr Dunlop himself told the Mahon tribunal last Monday, “wild horses” wouldn’t get him to reveal who Mr ANO was, a man whom he met at the Davenport Hotel in Dublin on February 17, 2000 for an 8.30am meeting with his then barrister, Colm Allen SC.In revealing that the breakfast meeting had taken place at all, Dunlop was quick to apologise to tribunal chairman Judge Alan Mahon and “other members of the bench” for the “discomfort” this might cause them, given that Mr ANO was a “gentleman seeking appointment to the High Court, which he subsequently was [given]”. And having exploded that gentlest of hand grenades, the former lobbyist withdrew, assuring his horrified audience of learned friends that Mr ANO’s lobbying and appointment as a judge had nothing to do with the remit of the Mahon tribunal. But it does have something to do with how some who have taken silk progress from the Bar to the Bench, Membership of a particular political party, statutorily permitted political donations, attendance at political fundraising dinners and canvassing for individual candidates during election campaigns are just some of the more blatant methods employed by ambitious lawyers seeking future promotion to the Bench. Source Ronald Quinlan Email Published 27/01/2008

Former lobbyist Frank Dunlop has refused to name a High Court judge who met with him while seeking an appointment to the bench. Mr Dunlop was being questioned at the Mahon Tribunal about a diary entry that described a meeting with barrister Colm Allen and another person in a Dublin hotel in February 2000.Mr Dunlop said wild horses would not get him to name the person concerned but added that the individual was seeking a High Court appointment at the time and subsequently got it. Source RTE News January 2008

Now that meeting would be on CCTV footage for the Davenport Hotel and given that the accredited owner of that hotel, his name is attached to it Owen O Callaghan, given the fact the Mahon Tribunal was in session at the time and one of the persons at least Frank Dunlop was been called to give evidence at the time. In all likelihood Owen O Callaghan has a tape of that meeting and would know who the SC in attendance was with judicial ambitions, which were later fulfilled. However could the developers interested in the land have subsequently purchased the property and could that have been Sherborough Properties Ltd incorporated 2003 whose directors include Noel O Callaghan Bryan O Callaghan and Miriam O Callaghan T

Now in March 2000 the residue of Ryemore went on sale 0.8 acres the bulk of the land 15.2 acres sold for development in 1993 and went on to become Foxford Ballyowen Lane Lucan Now shortly after those articles appeared in January 2008, Barry White made mistakes in his summing up of the Siobhan Kearney Murder trial calling Siobhan Rachel and was off the bench for 12 months after that

The irony of Barry White’s application to return to the Bar, is he was an SC in the early 1990’s who was vehemently against two circuit court judges returning to the bar They both did How public Barry White went on the matter in his opposition such as officially to the Bar Council, or unofficially -such as a barrister, he might have known who would have been a member of the Bar Council. Nemesisone does not know. So it appears over twenty years down the road he believes in one law for himself and one for others In regard political appointments Barry White always said the late Seamus Brennan TD played a significant role in his appointment as a High Court Judge again, how publicly Barry White admitted that is not known But he did say it to his relations.

RETIRED Central Criminal Court judge Barry White has applied for a waiver that would allow him to return to the courtroom as a barrister. Judge White (70), one of the most high-profile criminal law judges of modern times, wants to return to private practice as a barrister attached to the Law Library within weeks. If successful, the unprecedented move could see Judge White prosecute or defend criminal suspects as well as take part in civil cases Judges of the High Court and Supreme Court are effectively debarred by the rules of the Bar Council, the ruling body for barristers, from returning to legal practice following resignation or retirement. The absolute ban, based on an 84-year-old Supreme Court ruling, prevents judges returning to private practice from serving in a court equal to or less than the court of which they were a judge. That would restrict Judge White to practising in the Supreme Court or the new Court of Appeal and bar him from acting – as a member of the Law Library – in trials. The vast majority of the country’s 2,500 barristers operate within the Law Library system and abide by the Bar Council’s code of conduct.

But a small number of barristers operate outside it and Judge White’s imminent return could provide a constitutional headache for his former judicial colleagues if he prosecutes or defends in court as a non-Law Library barrister. He told the Irish Independent that he would prefer to practise within the Law Library system, but would “probably” operate outside it if necessary.