seamus dubhghaill

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


2 Comments

Michelle Smith de Bruin Stripped of Swimming Records

Michelle Smith de Bruin, Irish swimmer who achieves notable success in the 1996 Summer Olympics in Atlanta, becoming Ireland’s most successful Olympian to date, is stripped of her Irish swimming records on July 16, 1999 for tampering with a urine sample.

Smith is born in Rathcoole, County Dublin on December 16, 1969. Her father teaches her and her two sisters how to swim. She first appears on the world scene as an 18-year-old at the 1988 Summer Olympics in Seoul, South Korea. She also appears in the 1992 Summer Olympics in Barcelona, Spain, despite suffering an injury in the months leading up to the Games.

Smith wins three gold medals and a bronze medal at the 1996 Summer Olympics in Atlanta, making her Ireland’s most decorated Olympian. There is controversy at the games due to her qualifying for the 400m freestyle event at the expense of the then world-record holder Janet Evans, an American swimmer who finishes ninth in the preliminary swims with only the top eight advancing. Smith does not submit her qualifying time for the 400m freestyle event before the July 5 deadline but does so two days later with the Irish Olympic officials insisting they had been given permission to submit the qualifying time after the deadline.

Smith applies for the event after she arrives in Atlanta. After she qualifies at the expense of Evans, the US Swimming Federation, supported by the German and Netherlands swimming teams, challenge a decision to allow Smith to compete but are unsuccessful. At a later conference, Evans highlights that accusations of Smith doping had been heard by her around poolside. Smith later receives an apology from Evans as her comments lead to Smith being treated poorly by U.S. media.

Two years after the 1996 Summer Olympics, FINA bans Smith for four years for tampering with her urine sample using alcohol. She appeals against the decision to the Court of Arbitration for Sport (CAS). Her case is heard by a panel of three experienced sports lawyers, including Michael Beloff QC. Unusually for a CAS hearing, Smith’s case is heard in public, at her own lawyer’s request. FINA submits evidence from Jordi Segura, head of the International Olympic Committee (IOC) accredited laboratory in Barcelona, which says she took androstenedione, a metabolic precursor of testosterone, in the previous 10 to 12 hours before being tested. The CAS upholds the ban.

Smith is 28 at the time, and the ban effectively ends her competitive swimming career. She is not stripped of her Olympic medals, as she had never tested positive for any banned substances.

Smith’s experiences at the CAS have an effect beyond her swimming career. It is there that she develops an interest in the law. After officially announcing her retirement from swimming in 1999, she returns to university, graduating from University College Dublin with a degree in law. In July 2005 she is conferred with the degree of Barrister at Law of King’s Inns, Dublin. While a student at the King’s Inns she wins the highly prestigious internal Brian Walsh Moot Court competition. Her book, Transnational Litigation: Jurisdiction and Procedure, is published in 2008 by Thomson Round Hall.

Smith has always denied using illegal performance-enhancing drugs. In 1996, she releases her autobiography, Gold, co-written with Cathal Dervan. She lives in Kells, County Kilkenny with her husband, Erik de Bruin, and their two children.


Leave a comment

Birth of Basil Kelly, Northern Irish Barrister, Judge & Politician

Sir John William Basil Kelly, Northern Irish barrister, judge and politician, is born in County Monaghan on May 10, 1920. He rises from poverty to become the last Attorney General of Northern Ireland and then one of the province’s most respected High Court judges. For 22 years he successfully conducts many of the most serious terrorist trials.

A farmer’s son, Kelly is raised amid the horror of the Irish Civil War. The family is burned out when he is five and, penniless, goes north to take a worker’s house near the Harland and Wolff shipyard in Belfast. Even though they are Protestant the Kellys are met with a cold welcome. To counter that, his mother starts a bakery while the he and his father sell the hot rolls to the area pubs.

Kelly initially attends a shipyard workers’ school, sometimes without shoes, and then goes on to Methodist College Belfast, where only boys prepared to work hard are welcome. His mother, who had taught him to play the piano by marking out the keyboard on the kitchen table, is so cross when she hears that he has been playing football in the street that she tells the headmaster that he does not have enough homework.

On a visit to an elder sister at Trinity College, Dublin, Kelly is so impressed by her smoking and her painted nails that he decides to follow her to the university, where he reads legal science. After being called to the Bar of Northern Ireland in 1944, he has the usual slow start, traveling up to 100 miles to earn a five-guinea fee. However, aided by a photographic memory and the patronage of Catholic solicitors, he gradually builds up a large practice, concentrating on crime and workers’ compensation while earning a reputation as the finest cross-examiner in the province.

Kelly first makes a mark by his successful defence of an aircraftman accused of killing a judge’s daughter. The man is found guilty but insane, though the complications involved bring it back to court 20 years later. After appointment as Queen’s Counsel in 1958 he skillfully conducts two cases which go to the House of Lords. One involves the liability of a drunken psychopath, the other the question of automatism where a person, acting like a sleepwalker, does not know what he is doing.

In the hope of speeding his way to the Bench, Kelly is elected to the House of Commons of Northern Ireland as Ulster Unionist Party (UUP) member for Mid Down in 1964. His capacity for hard work leads to his being appointed Attorney General four years later.

In March 1972, the entire Government of Northern Ireland resigns and the Parliament of Northern Ireland is prorogued. As a result, Kelly ceases to be Attorney General. The office of Attorney General for Northern Ireland is transferred to the Attorney General for England and Wales and he is the last person to serve as Stormont’s Attorney General.

In 1973, Kelly is appointed as a judge of the High Court of Northern Ireland, and then as a Lord Justice of Appeal of Northern Ireland in 1984, when he is also knighted and appointed to the Privy Council of the United Kingdom. On the bench he proves a model of fairness and courtesy with a mastery of facts, but his role often puts him in danger.

A Provisional Irish Republican Army (IRA) gang once targets him with a bomb-laden milk van, intending to drive it through his gates. But the police are alerted and immediately take him to Stormont, where he lives for the next two months.

For a year Kelly presides alone over a non-jury Diplock court, protected by armed police and wearing a bulletproof vest before writing his judgment under Special Air Service (SAS) guard in England. He convicts dozens of people on “supergrass” evidence, though there are subsequently doubts about the informant and some of his judgments are overturned.

One of the accused, Kevin Mulgrew, is sentenced to 963 years in prison, with Kelly telling him, “I do not expect that any words of mine will ever raise in you a twinge of remorse.” While the IRA grumbles about the jail terms he dispenses, and he is often portrayed as an unthinking legal hardliner by Sinn Féin, he is a more subtle figure and is often merciful towards those caught up in events or those whom he considers too young for prison.

Kelly retires in 1995 and moves to England, where he dies at the age of 88 at his home in Berkshire on December 5, 2008 following a short illness. He is survived by his wife, Pamela Colmer.

(From: “Basil Kelly,” Independent.ie (www.independent.ie), January 4, 2009)


Leave a comment

Birth of Edward Kenealy, Barrister & Writer

edward-kenealyEdward Vaughan Hyde Kenealy, Irish barrister and writer, is born in Cork, County Cork on July 2, 1819. He is best remembered as counsel for the Tichborne case and the eccentric and disturbed conduct of the trial that leads to his ruin.

Kenealy is the son of a local merchant. He is educated at Trinity College Dublin and is called to the Irish Bar in 1840 and to the English Bar in 1847. He obtains a fair practice in criminal cases. In 1868 he becomes a QC and a bencher of Gray’s Inn. He practises on the Oxford circuit and in the Central Criminal Court.

Kenealy suffers from diabetes and an erratic temperament is sometimes attributed to poor control of the symptoms. In 1850 he is sentenced to one month imprisonment for punishing his six-year-old illegitimate son with undue severity. He marries Elizabeth Nicklin of Tipton, Staffordshire in 1851 and they have eleven children, including novelist Arabella Kenealy (1864–1938). They live in Portslade, East Sussex, from 1852 until 1874. He commutes to London and Oxford for his law practice but returns at weekends and other times to be with his family.

In 1850, Kenealy publishes an eccentric poem inspired by Johann Wolfgang von Goethe, Goethe, a New Pantomime. He also publishes a large amount of poetry in journals such as Fraser’s Magazine. He publishes translations from Latin, Greek, German, Italian, Portuguese, Russian, Irish, Persian, Arabic, Hindustani and Bengali. It is unlikely he is fluent in all these languages.

In 1866, Kenealy writes The Book of God: the Apocalypse of Adam-Oannes, an unorthodox theological work in which he claims that he is the “twelfth messenger of God,” descended from Jesus Christ and Genghis Khan. He also publishes a more conventional biography of Edward Wortley Montagu in 1869.

During the Tichborne trial, Kenealy abuses witnesses, makes scurrilous allegations against various Roman Catholic institutions, treats the judges with disrespect, and protracts the trial until it becomes the longest in English legal history. His violent conduct of the case becomes a public scandal and, after rejecting his client’s claim, the jury censures his behaviour.

Kenealy starts a newspaper, The Englishman, to plead his cause and to attack the judges. His behaviour is so extreme that in 1874 he is disbenched and disbarred by his Inn. He forms the Magna Charta Association and goes on a nationwide tour to protest his cause.

At a by-election in 1875, Kenealy is elected to Parliament for Stoke-upon-Trent with a majority of 2,000 votes. However, no other Member of Parliament will introduce him when he takes his seat. Benjamin Disraeli forces a motion to dispense with this convention.

In Parliament, Kenealy calls for a Royal commission into his conduct in the Tichborne case, but loses a vote on this by 433–3. One vote is Kenealy’s, another that of his teller, George Hammond Whalley. The third “aye” is by Purcell O’Gorman of Waterford City. During this period, he also writes a nine-volume account of the case.

Kenealy gradually ceases to attract attention, loses his seat at the 1880 general election and dies in London on April 16, 1880. He is buried in the churchyard of St. Helen’s Church, Hangleton, East Sussex.


Leave a comment

Birth of Sir Frederick Matthew Darley, Chief Justice of New South Wales

Sir Frederick Matthew Darley, the sixth Chief Justice of New South Wales, an eminent barrister, a member of the Parliament of New South Wales, Lieutenant-Governor of New South Wales, and a member of the Privy Council of the United Kingdom, is born in Bray, County Wicklow, on September 18, 1830.

Darley is educated at Dungannon College in County Tyrone. His uncle, the Reverend John Darley, is headmaster of the college. In July 1847 he commences studying at Trinity College, Dublin, and he graduates in July 1851 with a Bachelor of Arts (BA). He is called to the English bar at the King’s Inn in January 1853 but returns to Ireland and practises there for about nine years on the Munster circuit. He meets Sir Alfred Stephen when Stephen is on a visit to Europe, and is told that there are good prospects for him in Australia.

Darley marries Lucy Forest Browne at Hunsdon, Hertfordshire, on December 13, 1860. Lucy is the sister of novelist Rolf Boldrewood (Thomas Alexander Browne) who is best known for the book Robbery Under Arms. They have two sons and four daughters.

Darley decides to emigrate to Australia and arrives in Sydney in 1862. He is admitted to the NSW Bar on June 2, 1862 and is later appointed a Queens Counsel (QC) in 1878. In September 1868 he is nominated to the New South Wales Legislative Council. In November 1881 he becomes vice-president of the executive council in the third Henry Parkes ministry. In November 1886 Darley is offered the position of Chief Justice of New South Wales in succession to Sir James Martin. He does not desire the office and to accept it would mean a considerable monetary sacrifice. As a barrister, he is likely earning more than twice the amount of the salary offered. He declines the position and it is accepted by Julian Salomons who subsequently resigns a few days later.

Darley is again approached and this time he accepts the position. He is sworn in on December 7, 1886. He carries out his duties with great distinction, although he is not an exceptional jurist. On the retirement of Sir Alfred Stephen in November 1891, Darley is appointed Lieutenant-Governor of New South Wales, and he administers the government seven times in that capacity. When the position of Governor of New South Wales becomes vacant in 1901, there are many suggestions that Darley should be given the post, but it is given to Sir Harry Rawson.

Darley’s longest period administering the government is from November 1, 1900 to May 27, 1902, a significant period in Australia’s political history with the lead up to and the aftermath of federation of the then Australian colonies. But his anxiety for New South Wales’s supremacy possibly contributes to the “Hopetoun Blunder.” Darley’s private assessment in 1902 is that “Australian Federation is so far a pronounced failure.”

Darley is knighted in 1887, created a Knight Commander of the Order of St. Michael and St. George (KCMG) in 1897, and receives the Knight Grand Cross of the Order of St. Michael and St. George (GCMG) on May 15, 1901, in preparation of the forthcoming royal visit of the Duke and Duchess of Cornwall and York (later King George V and Queen Mary).

Darley visits England in 1902 and is appointed a member of the royal commission on the South African war. He is also appointed a member of the privy council in 1905. He dies in London on January 4, 1910.