A report into District Judge Donnchadh O'Buachalla's handling of the Catherine Nevin pub license issue has found that no abuse of legal process occurred. The report, which was prepared by Supreme Court Judge, Mr Justice Frank Murphy, says that he is satisfied that the judge carried out his judicial functions without bias. The report followed a public inquiry that heard evidence from a number of witnesses, including the judge. The report described certain actions taken by the judge as errors of judgement. The Minister for Justice published the report was today by.
Just days after Catherine Nevin's conviction last April for her husband's murder, Judge O'Buachalla, a friend of Mrs Nevin's, found himself embroiled in controversy over the pub licence for Jack White's Inn, the pub the couple had owned in County Wicklow. Questions were raised in the Dáil, reports ordered and finally there was a publicly sworn inquiry, chaired by the Supreme Court judge. He was to inquire into the propriety of the Judge's handling of the licensing issue.
Today that report, running to over 40 pages, found that, while Judge O'Buachalla had made errors of judgement, his actions did not amount to an abuse of the legal process. He should not have issued an order to renew the licence at an in-camera sitting of the District Court in September 1997, the report found. Mr Justice Murphy was satisfied that no injustice was done and the failure to hold the hearing in public was an error and an oversight that Judge O'Buachalla has every reason to regret. The chairman did not believe Judge O'Buachalla was actuated by bias. His failure to disqualify himself from hearing this application was an error of judgement and not an act of misconduct.
The inquiry was also to look at allegations of unfair treatment by two Arklow-based Gardaí, but they withdrew the complaints at the inquiry. The report exonerates the judge in this matter.
