Licence renewal request dealt with `honestly and responsibly'

Judge O Buachalla said he has "an absolutely clear conscience" about the manner in which he conducted private "discussions" which…

Judge O Buachalla said he has "an absolutely clear conscience" about the manner in which he conducted private "discussions" which led to a court order directing the Revenue Commissioners to renew the licence for Jack White's Inn in the sole name of Catherine Nevin.

The District Court judge said he had, on September 29th, 1997, dealt "wholly honestly and responsibly" with the application by Mrs Nevin's lawyers to have the licence, which had been in the names of Mrs Nevin and her husband Tom, renewed in the name of Mrs Nevin.

"I stand over every action I have taken in this regard and I have explained the circumstances in which I felt I did err," he told the O'Buachalla inquiry. "I have an absolutely clear conscience on the matter."

Asked by Mr Sean Ryan SC whether he believed justice had been seen to be done, the judge said he thought it had.

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Pressed he said it was up to others to say whether justice was seen to be done. He had conducted himself in the best way he could and, if he erred, it was in not holding in public, on the afternoon of September 29th, the making of the order directing the Revenue to renew the licence in Mrs Nevin's name.

"I do feel no injustice was done to anybody," he said.

Judge O Buachalla also denied that he had accused the court clerk, Mr Liam Sexton, of interfering in the Nevin licence application. He said Mr Sexton might have misinterpreted whatever the judge might have said. No such threat or accusation took place.

Asked about a press statement about the licensing issue released by the judge himself on April 13th last, Judge O Buachalla denied there were inaccuracies in the document.

Mr Ryan said the statement said gardai had not objected to the renewal of the licence in the name of Mrs Nevin solely and asked was this not inaccurate.

The judge said the statement was "disjointed" but he wished to outline the circumstances in which it was made. There had been considerable radio coverage about the licence issue arising out of an article in Magill magazine and his house was surrounded by journalists that day.

He felt appalled to be hearing every few seconds that he, the judge, had "transferred" the licence to the name of Mrs Nevin when he knew that was "totally untrue".

"I asked my unfortunate wife to type up for me . . . a brief statement to allay anyone's fears that I'd transferred the licence."

Mr Ryan said it was not true, as the statement said, that Insp Peter Finn had attended all discussions regarding the licensing matter. The judge said the only time the inspector was not present was at a discussion in July 1997.

He said he had stated in court on November 17th when ancillary applications regarding the licensing of Jack White's came up that there was no transfer of the pub's licence and that it was only renewed. This was reported by The Irish Times and Wicklow People.

Asked in what circumstances should he decline to hear cases involving friends, he said he would disqualify himself if a person he knew very well was involved and if he believed the other side would object. If no objection was taken there was no difficulty.

Examined by his own counsel, Mr John Rogers SC, the judge agreed he had decided not to hear a matter related to the licensing of Jack White's in November 1997 because an objection was taken to an early morning licence. Arrangements were made for another judge to hear the matter.

He accepted sometime after 2 p.m. on September 29th, 1997 - when he made the order directing renewal of the licence - that it should have been made in open court but added this had happened in particular circumstances outlined. He agreed that was the last day the licence could be renewed and that, if this was not done, the licence would be lost to all concerned, including the Nevin estate.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times