seamus dubhghaill

Promoting Irish Culture and History from Little Rock, Arkansas, USA

Tag Archives: Circuit Court


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Birth of Paul Durcan, Contemporary Irish Poet

Paul Durcan, contemporary Irish poet, is born in Dublin on October 16, 1944.

Durcan grows up in Dublin and in Turlough, County Mayo. His father, John, is a barrister and circuit court judge. He has a difficult and formal relationship with his father. He enjoys a warmer and more natural relationship with his mother, Sheila MacBride Durcan, through whom he is a great-nephew of both Maud Gonne, the Irish social and political activist, and John MacBride, one of the leaders of the Easter Rising, which begins the Irish War of Independence leading to the foundation of the Irish Free State.

In the 1970s Durcan studies Archaeology and Medieval History at University College Cork (UCC). Earlier, in the 1960s, he studies at University College Dublin (UCD). While at college there, he is kidnapped by his family and committed against his will to Saint John of God psychiatric Hospital in Dublin, and later to a Harley Street clinic where he is subjected to electric shock treatment and heavy dosages of barbiturates and Mandrax.

In 1966, Durcan moves to London, where he works at the North Thames Gas Board. He meets Nessa O’Neill in 1967 and they marry and have two daughters, Sarah and Siabhra. They live in South Kensington, then move to Cork, where his wife teaches in a prison. The marriage ends in early 1984.

Durcan’s main published collections include A Snail in my Prime, Crazy About Women, Greetings to Our Friends in Brazil and Cries of an Irish Caveman. He appears on the 1990 Van Morrison album Enlightenment, giving an idiosyncratic vocal performance on the song “In The Days Before Rock’n’Roll,” which he also co-writes.

In 2003, Durcan publishes a collection of his weekly addresses to the nation, Paul Durcan’s Diary, on RTÉ Radio 1 programme Today with Pat Kenny. He gets his inspiration from Paidraig Whitty, a local Wexford poet. He is shortlisted in 2005 for the Poetry Now Award for his collection The Art of Life (The Harvill Press, 2004). In 2009, he is conferred with an honorary degree by Trinity College, Dublin. He is the Ireland Fund Artist-in-Residence in the Celtic Studies Department of St. Michael’s College at the University of Toronto in October 2009. In 2011 he is conferred with an honorary doctorate from University College Dublin.

Between 2004 and 2007 Durcan is the third Ireland Professor of Poetry. He is a member of Aosdána. Awards he has received include the Patrick Kavanaugh Poetry Award (1974), the Irish American Culture Institute Poetry Award (1989), the Whitbread Prize for Daddy, Daddy (1990) and the London Poetry Book Society choice for The Berlin Wall Café.

A number of poems from Durcan’s poetry career are studied by Irish students who take the Leaving Certificate.


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Death of Supreme Court Judge Adrian Hardiman

Adrian Hardiman, Irish judge who serves as a Judge of the Supreme Court of Ireland from 2000 to 2016, dies in Portobello, Dublin, on March 7, 2016. He writes a number of important judgments while serving on the Court. He also presides, as does each Supreme Court judge on a rotating basis, over the Court of Criminal Appeal.

Hardiman is born on May 21, 1951, in Coolock, Dublin. His father is a teacher and President of the Association of Secondary Teachers, Ireland (ASTI). He is educated at Belvedere College, Dublin, and University College Dublin, where he studies history, and the King’s Inns. He is president of the Student Representative Council at UCD and Auditor of the Literary and Historical Society (UCD) and wins The Irish Times National Debating Championship in 1973.

Hardiman is married to Judge Yvonne Murphy, from County Donegal, a judge of the Circuit Court between 1998 and 2012, who conducts important inquiries relating to sex abuse including the Murphy Report and the Cloyne Report. She serves as chair of the Mother and Baby Homes Commission of Investigation. They have three sons, Eoin, who is a barrister and has been a member of the Mountjoy Prison Visiting Committee, Hugh, who is a personal assistant to Minister for Justice, Equality and Law Reform Michael McDowell, and Daniel, a doctor.

Hardiman joins Fianna Fáil while a student in University College Dublin, and stands unsuccessfully for the party in the local elections in Dún Laoghaire in 1985. In 1985, he becomes a founder member of the Progressive Democrats, but leaves the party when he is appointed to the Supreme Court. He remains very friendly with the former party leader and ex-Tánaiste, Michael McDowell, who is a close friend at college, a fellow founding member of the party, and best man at his wedding.

Hardiman is called to the Irish Bar in 1974 and receives the rare honour of being appointed directly from the Bar to Ireland’s highest court. Prior to his elevation to the Supreme Court in 2000, he has a successful practice as a barrister, focusing on criminal law and defamation.

Politically, Hardiman supports the liberal side in Ireland’s debates over abortion, being active in the “anti-amendment” campaign during the 1982 Abortion Referendum and later represents the Well Woman Centre in the early 1990s. After his death, he is described by Joan Burton as a liberal on social issues. But he could be an outspoken opponent of Political Correctness, such as when he rejects the Equality Authority‘s attempt to force Portmarnock Golf Club to accept women as full members. He also believes that certain decisions, such as those involving public spending, are better left to elected politicians rather than unelected judges, regardless of how unpopular that might sometimes be in the media (which he tends to hold in low esteem) and among what he describes as the “chattering classes.”

Hardiman’s concern for individual rights is not confined to Ireland. In February 2016, he criticizes what he describes as the radical undermining of the presumption of innocence, especially in sex cases, by the methods used in the UK‘s Operation Yewtree inquiry into historical sex allegations against celebrities, and he also criticizes “experienced lawyer” and then United States presidential candidate Hillary Clinton for allegedly declaring in January that “every accuser was to be believed, only to amend her view when asked if it applied to women who had made allegations against her husband”, former U.S. President Bill Clinton.

In a tribute following his death in 2016, President Michael D. Higgins says Justice Hardiman “was one of the great legal minds of his generation”, who was “always committed to the ideals of public service.” He is described as a “colossus of the legal world” by Chief Justice Susan Denham.

One commentator writes that “Hardiman’s greatest contribution …was the steadfast defence of civil liberties and individual rights” and that “He was a champion of defendants’ rights and a bulwark against any attempt by the Garda Síochána to abuse its powers.”


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Birth of Justice Catherine McGuinness

Catherine McGuinness (née Ellis), retired Irish judge, is born in Belfast, Northern Ireland on November 14, 1934. She serves as a Judge of the Supreme Court of Ireland from 2000 to 2006, a Judge of the High Court from 1996 to 2000, a Judge of the Circuit Court from 1994 to 1996 and a Senator for the University of Dublin from 1979 to 1981 and between 1983 and 1987. She is appointed by President Michael D. Higgins to the Council of State from 1988 to 1990 and 2012 to 2019.

McGuinness is President of the Law Reform Commission from 2007 to 2009. In May 2013, she is appointed Chair of the National University of Ireland Galway Governing Authority.

McGuinness is educated in Alexandra College, Trinity College Dublin and the King’s Inns. In the 1960s she works for the Labour Party. She is called to the Irish Bar in 1977 at age 42. In 1989, she is called to the Inner Bar.

In 1979, McGuinness is elected as an independent candidate to Seanad Éireann at a by-election on December 11, 1979 as a Senator for the University of Dublin constituency, following the resignation of Senator Conor Cruise O’Brien, taking her seat in the 14th Seanad. She is re-elected at the 1981 elections to the 15th Seanad, and in 1983 to the 17th Seanad, where she serves until 1987, losing her seat to David Norris. She is appointed to the Council of State on May 2, 1988 by President Patrick Hillery and serves until 1990.

McGuinness is appointed a judge of the Circuit Court in 1994, the first woman to hold that office in Ireland. In 1996, she is appointed to the High Court and remains there until her appointment to the Supreme Court in January 2000.

In November 2005, McGuinness is appointed Adjunct Professor at the Faculty of Law, National University of Ireland, Galway. She is also appointed President of the Law Reform Commission in 2005, and holds that position until 2011.

In April 2009, McGuinness is awarded a “Lord Mayor’s Award” by Lord Mayor of Dublin Eibhlin Byrne “for her contribution to the lives of children and families in the city through her pioneering work.” In September 2010, she is named as one of the “People of the Year” for “her pioneering, courageous and long-standing service to Irish society.” In November 2012, she wins the Irish Tatler Hall of Fame Award.

In addition to her judicial career, McGuinness serves on the Employment Equality Agency, Kilkenny Incest Investigation, the Forum for Peace and Reconciliation, the National Council of the Forum on End of Life in Ireland and the Irish Universities Quality Board. In June 2011, she becomes patron of the Irish Refugee Council. In November 2011, she is appointed Chairperson of the “Campaign for Children.”

McGuinness has received honorary doctorates from the University of Ulster, the National University of Ireland, the University of Dublin, the Higher Education and Training Awards Council (HETAC) and the Royal College of Surgeons in Ireland. In February 2013, she accepts the Honorary Presidency of Trinity College, Dublin’s Free Legal Advice Centre.

In January 2014, McGuinness is appointed by Minister for Communications, Energy and Natural Resources, Pat Rabbitte, to chair the expert panel to oversee the preparation of reports on the best underground route options to compare with the Grid Link and Grid West high voltage power lines in Ireland. In March 2015, McGuinness receives an Alumni Award from Trinity College Dublin.

McGuinness is married to broadcaster and writer Proinsias Mac Aonghusa from 1954 until his death in 2003 and has three children. She resides in Blackrock, Dublin.


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Death of William Paterson, U.S. Senator & New Jersey Governor

william-patersonWilliam Paterson, Irish-born American jurist, one of the framers of the Constitution of the United States, United States senator (1789–90), and governor of New Jersey (1790–93), dies in Albany, New York on September 9, 1806. He also serves as an Associate Justice of the Supreme Court of the United States from 1793 to 1806.

Paterson is born on December 24, 1745 in County Antrim, to Richard Paterson, an Ulster Protestant. He immigrates with his parents to New Castle, Pennsylvania in 1747, eventually settling in Princeton, New Jersey. At the age of 14, he begins college at the College of New Jersey (now Princeton University), graduating in 1763. After graduating, he studies law with the prominent lawyer Richard Stockton and is admitted to the bar in 1768. He also stays connected to his alma mater and helps found the Cliosophic Society with Aaron Burr.

Paterson serves twice in the Provincial Congress of New Jersey (1775–76), is a delegate to the state constitutional convention (1776), and from 1776 to 1783 is attorney general of New Jersey.

In 1787 Paterson heads the New Jersey delegation to the federal Constitutional Convention, where he plays a leading role in the opposition of the small states to representation according to population in the federal legislature. As an alternative to James Madison‘s large-state Virginia Plan, he submits the small-state New Jersey Plan, also called the Paterson Plan, which advocates an equal vote for all states. The issue is finally resolved with the compromise embodied in the bicameral Congress —representation by population in the House of Representatives, and equality of states in the Senate.

Paterson is instrumental in securing ratification of the final document in New Jersey and is elected one of the state’s first two U.S. senators. He resigns his seat in 1790 and serves as governor of New Jersey until 1793, when he is named an associate justice of the United States Supreme Court.

On September 9, 1806, Paterson, aged 60, dies from the lingering effects of a coach accident suffered in 1803 while on circuit court duty in New Jersey. He is on his way to the spa at Ballston Spa, New York, to “take the waters”, when he dies at the Manor of Rensselaerswyck home of his daughter, Cornelia, and son-in-law, Stephen Van RensselaerStephen Van Rensselaer, in Albany, New York. He is laid to rest in the Van Renssalaer family vault. When the city acquires the property, his remains are relocated to Albany Rural Cemetery in Albany County, New York. Also buried there are Associate Justice Rufus W. Peckham and President Chester A. Arthur.

The city of Paterson, New Jersey and William Paterson University are named for William Paterson.

(Pictured: Portrait of William Paterson (1745–1806) when he was a Supreme Court Justice (1793–1806). This image is from a copy by C. Gregory Stapoko(1913-2006) of the original by James Sharples(1751-1811))


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The Sallins Train Robbery

The Sallins Train robbery occurs on March 31, 1976 when the Cork to Dublin mail train is robbed near Sallins in County Kildare. Approximately £200,000 is stolen. Five members of the Irish Republican Socialist Party, Osgur Breatnach, Nicky Kelly, Brian McNally, Mick Plunkett, and John Fitzpatrick, are arrested in connection with the robbery.

After the failure of the authorities to produce a “book of evidence” against them, the four are released but are immediately re-arrested. During interrogation in Garda Síochána custody, all except Plunkett sign alleged confessions, presenting with extensive bruising and injuries they claim are inflicted by members of the Gardaí.

While awaiting trial, Fitzpatrick jumps bail and leaves the country. The trial of McNally, Kelly, and Breatnach in the Special Criminal Court becomes the longest-running trial in Irish criminal history, at 65 days, before it collapses due to the death of one of the three judges, Judge John O’Connor of the Circuit Court.

Medical evidence of beatings is presented to the court, both during the initial trial and the second trial. The court rejects this evidence, finding that the beatings have been self-inflicted or inflicted by the co-accused. Anticipating a conviction, Kelly flees before the conclusion of the second trial. The three are found guilty, solely on the basis of their confessions, and sentenced to between nine and twelve years in prison. Kelly is sentenced in absentia.

In May 1980, Breatnach and McNally are acquitted on appeal on the grounds that their statements had been taken under duress. The same month, the Provisional Irish Republican Army claims responsibility for the robbery. Kelly returns to Ireland from the United States in June 1980, expecting to be acquitted. Instead he is incarcerated in the maximum-security Portlaoise Prison and spends the next four years proclaiming his innocence, including a 38-day period on hunger strike.

After a campaign by the Irish Council for Civil Liberties, Amnesty International, and others and a song, Wicklow Boy, by the popular folk singer Christy Moore, Kelly is eventually released on “humanitarian grounds” in 1984. He is given a presidential pardon in 1992 and receives £1,000,000 in compensation. Breatnach and McNally are also given compensation.