Babington is called to the Irish Bar in 1900. He briefly lectures in Equity at King’s Inns, and it is during this time, in 1910, that he re-arranges and re-writes R.E. Osborne’s Jurisdiction and Practice of County Courts in Ireland in Equity and Probate Matters. He takes silk in 1917.
In 1947, Babington chairs the Babington Agricultural Enquiry Committee, named in his honour, which is established in 1943 to examine agriculture in Northern Ireland. The committee’s first recommendation under Babington’s leadership is that Northern Ireland should direct all its energies to the production of livestock and livestock products and to their efficient processing and marketing.
Babington retires from the judiciary in 1949, taking up the chairmanship of the Northern Ireland Transport Tribunal, which exists until 1967, established under the Ulster Transport Act – promoting a car-centred transport policy – and which is largely responsible for the closure of the Belfast and County Down Railway. He endorses the closure on financial grounds and is at cross purposes with his co-chair, Dr. James Beddy, who advises against the closure, citing the disruption of life in the border region between the north and the south as his primary reason in addition to financial grounds.
Babington also chairs a government inquiry into the licensing of clubs, the proceeds of which results in new regulatory legislation at Stormont. While Attorney General, he is a proponent of renaming Northern Ireland as “Ulster.”
Babington is critical of the newly proposed Irish constitution, in which the name of the Irish state is changed to “Ireland,” laying claim to jurisdiction over Northern Ireland.
Michael McDunphy, Secretary to the President of Ireland, then Douglas Hyde, recalls Ernest Alton‘s correspondence with Babington on the question of Irish unity, in which Alton and Babington are revealed to be at cross purposes. The discussion is used as an example by Brian Murphy, in Forgotten Patriot: Douglas Hyde and the Foundation of the Irish Presidency, as an example of the office of the Irish President becoming embroiled in an initiative involving Trinity College Dublin and a senior Northern Ireland legal figure, namely Babington.
Babington writes to Alton, then Provost of Trinity College, Dublin, expressing his view that, as Murphy summarises, “… Severance between the two parts of Ireland could not continue, that it was the duty of all Irishmen to work for early unification and that in his opinion Trinity College was a very appropriate place in which the first move should be made.” When Alton arrives to meet with Hyde, it emerges, after conversing with Hyde’s secretary McDunphy, that he and Babington are at cross purposes. “It soon became clear that the united Ireland contemplated by Mr. [sic] Justice Babington of the Northern Ireland Judiciary was one within the framework of the British Commonwealth of Nations, involving recognition of the King of England as the Supreme Head, or as Dr. Alton put it, the symbol of unity of the whole system,” writes McDunphy.
Babington is a keen golfer. He is an international golfer from 1903 to 1913, during which he is runner-up in the Irish Amateur Golf Championships in 1909 and one of the Irish representatives at an international match in 1913. The Babington Room in the Royal Portrush Golf Club is named after him, as is the 18th hole on the course as a result of the key role he plays in shaping its history.
Babington dies at the age of 94 on April 10, 1972 at his home, Creevagh, Portrush, County Antrim.
The gunmen, who are wearing workmen’s overalls, escape in a car afterward, killing Ken Campbell, a caretaker, as they leave. The people with whom Bradford had been meeting, most of them elderly, dive under tables for cover, and dozens of teenagers dancing nearby break into hysterical tears, but there are no injuries.
The killing is part of an escalation of IRA violence, both in London and in Northern Ireland, after the collapse of the prison hunger strike the previous month. The previous night an IRA bomb damages the London home of Britain’s Attorney General for Northern Ireland, Michael Havers. The home is empty and no one is seriously injured.
Bradford, a 40-year-old Methodist minister who is married and has a 6-year-old daughter, is shot several times, according to witnesses, and he dies almost immediately. His brother, Roy, who lives near the scene of the killing, in South Belfast, is at his side within moments. “But he was unconscious when I reached him, and he only lived for about a minute,” Roy Bradford says. News of the killing arouses fears of a Protestant reaction that could lead to serious civil unrest in Northern Ireland.
John “Jack” Hermon, the Chief Constable of the Royal Ulster Constabulary, issues an appeal to both the Protestant majority and the Roman Catholics to show “good sense and restraint.” He says security is being tightened in the province as a precautionary measure. He orders a wide-ranging search for the gunmen, who number at least three and possibly four, a point upon which the witnesses differ.
Bradford, who has been in Parliament since 1974, is an outspoken critic of the Irish nationalist guerrillas. He repeatedly calls for the reimposition of capital punishment in the province and for other strong deterrent measures.
With the Rev. Ian Paisley, another hard-line Member of Parliament, Bradford had planned to visit the United States In early 1982 to counteract the publicity of the IRA, which depends heavily on the money it receives from its American sympathizers. “There is a need for Americans to recognize that Ulster is not an occupied country,” Bradford says the previous month, “and that our political history is one of which we can be proud.”
The IRA, in a statement claiming responsibility for the killing, calls Bradford “one of the key people responsible for winding up the loyalistparamilitarysectarian machine in the North.” All twelve of Northern Ireland’s Members of Parliament – ten Protestants and two Catholics – are considered likely targets in the sectarian struggle that has claimed 2,100 lives in the province since 1969.
MacDermott is born in Belfast on April 12, 1896, the third surviving son and sixth of seven children of the Reverend John MacDermott DD, a Presbyterian clergyman who is minister of Belmont and moderator of the Presbyterian Church in Ireland, and of his wife Lydia Allen MacDermott (née Wilson), the daughter of a Strabane solicitor. He is educated at Campbell College, Belfast, from where he wins a scholarship to read Law at the Queen’s University Belfast (QUB) in 1914.
Eight years later MacDermott is appointed to determine industrial assurance disputes in Northern Ireland, and in 1931 becomes a lecturer in Jurisprudence at Queen’s University Belfast, teaching for four years.
In 1940, MacDermott is appointed Minister of Public Security in the Government of Northern Ireland, and the following year becomes the Attorney General for Northern Ireland. He is succeeded in this post by William Lowry, whose son, Lord Lowry, would eventually succeed MacDermott as Lord Chief Justice. In 1944, he resigns his parliamentary seat on appointment as a High Court Judge for Northern Ireland, and three years later, on April 23, 1947, is made a Lord of Appeal in Ordinary, becoming a life peer as Baron MacDermott, of Belmont in the city of Belfast.
MacDermott returns from the House of Lords to take up his appointment as Lord Chief Justice of Northern Ireland. His successors to the latter office become Law Lords subsequently. Whilst Lord Chief Justice, he is affectionately known as “the Baron.”
In 1977, aged over eighty, MacDermott offers to redeliver a lecture at the Ulster College, which had been interrupted by a bomb meant for him and which had severely wounded him.
Having been made a Northern Ireland Privy Counsellor seven years earlier, MacDermott is sworn of the British Privy Council in 1947.
Four years later, in 1951, MacDermott is appointed Lord Chief Justice of Northern Ireland, a post he holds for twenty years. He is also Pro-Chancellor of his alma mater from 1951 to 1969. In 1958, he chairs the commission on the Isle of ManConstitution. He dies at his home in Belfast on July 13, 1979.
In 1926, MacDermott weds Louise Palmer Johnston, later Lady MacDermott. Their son, Sir John MacDermott, is also sworn into the British Privy Council in 1987, as a Lord Justice of Appeal in Northern Ireland. He later became a Surveillance Commissioner for Northern Ireland.
The Tandragee killings take place in the early hours of Saturday, February 19, 2000, on an isolated country road outside Tandragee, County Armagh, Northern Ireland. Two young Protestant men, Andrew Robb and David McIlwaine, are beaten and repeatedly stabbed to death in what is part of a Loyalist feud between the Ulster Volunteer Force (UVF) and their rivals, the breakaway Loyalist Volunteer Force (LVF). The men are not members of any loyalist paramilitary organisation. It later emerges in court hearings that Robb had made disparaging remarks about the killing of UVF Mid-Ulster Brigade leader Richard Jameson by an LVF gunman the previous month. This had angered the killers, themselves members of the Mid-Ulster UVF, and in retaliation they lure the two men to the remote lane on the outskirts of town, where they kill and mutilate them. The UVF’s Brigade Staff (Belfast leadership) does not sanction the killings.
The origins of the lethal 2000–01 loyalist feud which erupts between the UVF and the LVF begins when a brawl breaks out in the Portadown F.C. Society Club on December 27, 1999. The leader of the UVF Mid-Ulster Brigade, Richard Jameson, is jostled and insulted by members of the LVF who are holding a celebration at the club to commemorate the second anniversary of the shooting death of their former leader and founder, Billy Wright, inside the Maze Prison by the Irish National Liberation Army (INLA).
Shortly after Jameson leaves the club, he returns with a number of UVF men armed with baseball bats and pickaxe handles. A violent altercation breaks out in which 12 people are seriously injured including three LVF prisoners out on Christmas parole. The LVF decides to retaliate and sends a gunman to assassinate Jameson in the driveway outside his home on January 10, 2000. The UVF’s Brigade Staff in Belfast immediately convenes a “war council” at “the Eagle,” their headquarters over a chip shop on the Shankill Road, where they discuss plans to avenge Jameson’s killing. The LVF’s leader, Mark “Swinger” Fulton, who is imprisoned at the time, claims to no avail that his organisation is not involved in the shooting.
At 1:30 a.m. on Saturday, February 19, 2000, Protestant acquaintances, Andrew Robb, a 19-year-old unmarried father, and David McIlwaine, an 18-year-old graphic design student at Lurgan Tech, both of Portadown, leave “The Spot” nightclub in Tandragee together with three others after spending Friday night out. The club is managed by Willie Frazer, well known as a loyalist victims’ advocate and political activist, who has since suggested that the killings were linked to a threat posed to him by the UVF. Billy Wright had reportedly frequented the nightclub before his imprisonment and death.
The group of three men and two women attempt to enter a taxi, but regulations stipulate that no more than four passengers can travel together. Robb and McIlwaine get out of the vehicle and head in search of a house party. The pair knocks on the door of a house in Sinton Park belonging to Mid-Ulster UVF member Stephen Leslie Brown, 19, also known as “Stephen Leslie Revels.” They are invited inside where other UVF members Noel Dillon and Mark Burcombe are also present. Alcoholic beverages are consumed at the party.
The atmosphere inside the house suddenly turns ugly when Dillon asks the teenagers how they feel about the LVF killing of UVF Mid-Ulster brigadier Richard Jameson. McIlwaine remains silent, however Robb replies, “So fucking what, it’s got fuck all to do with me,” to which Dillon takes exception. When he informs Robb that Jameson had been his good friend, Robb makes further disparaging comments which also anger Brown. Brown, out of earshot of the teenagers, decides to assault Robb in retaliation, saying he will “punch the head off Andrew.” Neither Robb nor McIlwaine has been a member of any loyalist paramilitary organisation, although Robb has tenuous links to the LVF having been an associate of Billy Wright and even photographed in 1996 at a march led by Wright. Writers Henry McDonald and Ian S. Wood allege that, unknown to the teenagers, a UVF unit had gone to “The Spot” to seek out two known LVF individuals rumoured to have been involved in Jameson’s killing; however, they had already left the nightclub by the time the UVF arrived. The UVF men encounter Robb and McIlwaine instead and target them as LVF members implicated in Jameson’s death.
Under the pretense of another party elsewhere, Brown lures Robb and McIlwaine into his car along with Dillon and Burcombe. Brown drives off toward Druminure Road where he stops the car at a gate leading to a field and orders the passengers to get out. Burcombe leads McIlwaine away from the vehicle. As they are walking downhill, Burcombe informs McIlwaine that the other two men are going to “give Andrew Robb a beating for slabbering about Richard Jameson. Don’t worry about it, it’s nothing to do with you.” Brown and Dillon proceed to attack Robb with a series of savage kicks. He is then stabbed deeply in the abdomen and throat and dies instantly. He also sustains wounds and gashes to his face and head.
The two perpetrators return, both “walking with a swagger” to where McIlwaine waits downhill from the parked car with Burcombe. McIlwaine makes an attempt to run away but Brown, Dillon, and Burcombe catch up with him as he falls to the ground. Brown gives him a severe kicking, mostly in the head. Dillon produces a butcher’s knife and cuts McIlwaine’s throat while Brown shouts encouragement and Burcombe overlooks the scene from about five feet away. Brown and Dillon leave McIlwaine still breathing on the ground. Once they are back inside the car, Brown proposes to drive the car over his head, but Dillon dissuades him. Brown halts the vehicle, takes the knife and walks back over to where McIlwaine is lying on the road making a “wheezing” sound. Brown stabs McIlwaine repeatedly in the face and chest. When he notices that McIlwaine appears to be looking up at him, Brown stabs him deeply in his left eye, the wound penetrating his brain, killing him. According to Burcombe’s later testimony, Brown appears “crazed” as he hands the knife back to Dillon and says he is “buzzing.” He subsequently goes on to recount stabbing McIlwaine in the eye. He threatens to cut Burcombe’s throat or kill a member of his family if he tells anyone what happened.
Several hours later, at 9:30 a.m., the mutilated bodies of Robb and McIlwaine are discovered lying in pools of blood on the roadside 100 metres apart from one another by a woman taking her children to dancing lessons. Because of the devastating stab wounds inflicted upon the teenagers, the Royal Ulster Constabulary (RUC) assumes that McIlwaine had received a shotgun blast to his face. Both of their throats are slashed so deeply that the teenagers are nearly decapitated. The RUC immediately sets up an inquiry into the killings. Postmortems reveal that Robb had sustained a severe cut to the neck and three penetrating wounds to the abdomen. There are no defence injuries. McIlwaine received a severe throat injury, seven penetrating wounds to the chest and penetrating wounds to the face and to the left eye. Both teenagers were intoxicated at the time of their deaths.
The killings deeply shock the community and are strongly condemned by local politicians. The young men’s funerals attract hundreds of mourners. They are buried in adjacent graves at Kernan Cemetery in Portadown.
After the attacks Adair brands the UVF “Protestant killers” and even produces a newssheet in which he lists McIlwaine and Robb as Protestant victims of the UVF along with the likes of the murdered Frankie Curry and regular targets Jackie Mahood, Kenny McClinton and Clifford Peeples. The UVF Brigade Staff in Belfast does not sanction the killings of Robb and McIlwaine. The LVF leadership, however, maintains that the blame for the killings lies with the UVF and threatens to strike back against carefully selected targets in the Belfast UVF.
The day after the homicides, a number of people are arrested in connection with the crime, including Noel Dillon. The arrests are not made under anti-terrorist legislation, and the suspects are all released unconditionally the same evening. On February 27, 2000, Stephen Brown is brought before the Armagh magistrate’s court after he is charged with both murders. The police tell the court they have plenty of forensic evidence connecting him to the homicides. Ten months later, Brown is released on bail after the court is told the prosecution has expressed doubts about their principal witness and the forensic evidence is not sufficient to secure a conviction. On February 6, 2001, the charges against Brown are unexpectedly dropped by the Director of Public Prosecutions. In April 2001, Mark Burcombe is arrested under the Prevention of Terrorism Acts in relation to his UVF activities but is released without charge.
David McIlwaine’s father, Paul, campaigns for nine years to obtain justice for his son. He enlists the aid of a nationalist human rights group and sets up his own online support group, “Justice for David McIlwaine.”
On November 2, 2005, the Tandragee double killing is reconstructed and featured on the BBC One programme Crimewatch in which a £10,000 award is offered. After viewing the programme, Mark Burcombe consults a clergyman and solicitor and subsequently presents himself to police outside Hillsborough Castle to give them information regarding the events which took place on February 19, 2000. He is interviewed about the killings over a period of four days and admits to having known both Robb and McIlwaine. He is arrested and charged with the murders along with Stephen Brown, who had also been arrested on November 7, 2005, in connection with the double killing. Noel Dillon had committed suicide in January of that same year. When Detective Chief Inspector Tim Hanley charges Brown with the murders, the latter pleads not guilty to each charge. In January 2008, shortly before his trial is due to start, Burcombe decides to turn “Queen’s evidence.” He formally agrees to admit to and give a full account of his own role in the murders and to give evidence against Stephen Brown. He signs an Agreement under the Serious Organised Crime and Police Act 2005 to receive a reduced sentence in return for giving evidence against his co-defendant.
Burcombe pleads guilty to the offence of conspiracy to cause grievous bodily harm to Andrew Robb and is sentenced to 28 months’ imprisonment with two months consecutive for an unrelated suspended sentence. The Robb and McIlwaine families are outraged and disappointed at the leniency shown to Burcombe. Sinn Féin president Gerry Adams asks Patricia Scotland, Baroness Scotland of Asthal, the Attorney General for Northern Ireland, to review the case and consider an appeal to impose a heavier sentence, writing that “all records before the courts on this crime verify it was a barbaric act.” Adams also goes on to affirm that he shares the McIlwaine family’s belief that a state agent was involved in the homicides and was being protected. Lady Scotland, however, backs the plea bargain deal.
Stephen Brown is found guilty of the murders on March 3, 2009. The trial, which commences on November 25, 2008, is held at the Belfast Crown Court without a jury. The prosecution relies upon three pieces of evidence to prove Brown’s culpability. These are the testimony of Mark Burcombe, the forensic material found by the RUC at the crime scene, and the hearsay evidence of Brown’s former girlfriend who claims he had admitted to her that he had killed McIlwaine. Burcombe declares that McIlwaine was murdered because he had witnessed Robb’s killing.
One month later, April 3, Brown is sentenced to 35 years in prison for each count of murder. The trial judge, who had passed sentence on Brown, declares that the murders are “among the most gruesome of the past 40 years.” He goes on to add, “they represent unbridled mindless violence and a total disregard for the value and dignity of human life.” Brown makes an unsuccessful appeal to have his murder conviction overturned on May 24, 2011.
Mayhew is knighted in 1983. On June 1997, he is given a life peerage as Baron Mayhew of Twysden, of Kilndown in the County of Kent. He retires from the House of Lords on June 1, 2015.
Mayhew suffers from cancer and Parkinson’s disease in his later years. He dies at the age of 86 on June 25, 2016, in his home in Kent.
Hutton becomes a Queen’s Counsel in 1970. From 1979 to 1989, as Sir Brian Hutton, he is a High Court judge. In 1989, he becomes Lord Chief Justice of Northern Ireland, becoming a member of the Privy Council of Northern Ireland, before moving to England to become a Lord of Appeal in Ordinary on January 6, 1997. He is consequently granted a life peerage as Baron Hutton, of Bresagh in the County of Down.
On March 30, 1994, as Lord Chief Justice of Northern Ireland, Hutton dismisses Private Lee Clegg‘s appeal against his controversial murder conviction. On March 21, 2002 he is one of four Law Lords to reject David Shayler‘s application to use a “public interest” defence as defined in section 1 of the Official Secrets Act 1989 at his trial.
Hutton represents the Ministry of Defence at the inquest into the killing of civil rights marchers on “Bloody Sunday.” Later, he publicly reprimands Major Hubert O’Neil, the coroner presiding over the inquest, when the coroner accuses the British Army of murder, as this contradicts the findings of the Widgery Tribunal.
Hutton also comes to public attention in 1999 during the extradition proceedings of former Chilean dictator General Augusto Pinochet. Pinochet had been arrested in London on torture allegations by request of a Spanish judge. Five Law Lords, the UK’s highest court, decide by a 3-2 majority that Pinochet is to be extradited to Spain. The verdict is then overturned by a panel of seven Law Lords, including Hutton, on the grounds that Lord Lennie Hoffmann, one of the five Law Lords, has links to human rights group Amnesty International which had campaigned for Pinochet’s extradition.
In 1978, Hutton defends the UK at the European Court of Human Rights in the case of Ireland v United Kingdom, when the court decides that the interrogation techniques used were “inhuman and degrading” and breached the European Convention on Human Rights, but do not amount to “torture.” The court also finds that the practice of internment in Northern Ireland had not breached the Convention. He sentences ten men to 1,001 years in prison on the word of “supergrass” informer Robert Quigley, who is granted immunity in 1984.
Hutton is appointed by Tony Blair‘s government to chair the inquiry on the circumstances surrounding the death of scientist David Kelly. The inquiry commences on August 11, 2003. Many observers are surprised when he delivers his report on January 28, 2004 and clears the British Government in large part. His criticism of the BBC is regarded by some as unduly harsh with one critic commenting that Hutton had given the “benefit of judgement to virtually everyone in the government and no-one in the BBC.” In response to the verdict, the front page of The Independent newspaper consists of one word, “Whitewash?”
Peter Oborne writes in The Spectator in January 2004: “Legal opinion in Northern Ireland, where Lord Hutton practised for most of his career, emphasises the caution of his judgments. He is said to have been habitually chary of making precedents. But few people seriously doubt Hutton’s fairness or independence. Though [he is] a dour Presbyterian, there were spectacular acquittals of some very grisly IRA terrorist suspects when he was a judge in the Diplock era.”
Hutton retires as a Law Lord on January 11, 2004. He remains a member of the House of Lords until retiring under the House of Lords Reform Act 2014 on April 23, 2018.
Holmes appears to be a stern judge, who does not suffer fools gladly and often imposes exceptionally severe sentences in criminal cases. Although the story is often thought to be apocryphal, Maurice Healy maintains that Holmes did once sentence a man of great age to 15 years in prison, and when the prisoner pleaded that he could not do 15 years, replied “Do as much of it as you can.” His judgments do however display some good humour and humanity, and the sentences he imposes often turned out to be less severe in practice than those he announces in Court.
The quality of his judgments is very high and Holmes, together with Christopher Palles and Gerald FitzGibbon, is credited with earning for the Irish Court of Appeal its reputation as perhaps the strongest tribunal in Irish legal history. His retirement, followed by that of Palles (FitzGibbon had died in 1909), causes a loss of expertise in the Court of Appeal from which its reputation never recovers. Among his more celebrated remarks is that the Irish “have too much of a sense of humour to dance around a maypole.” His judgment in The SS Gairloch remains the authoritative statement in Irish law on the circumstances in which an appellate court can overturn findings of fact made by the trial judge.
seamus dubhghaill 