seamus dubhghaill

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


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Birth of Brian Hutton, Lord Chief Justice of Northern Ireland

James Brian Edward Hutton, Baron Hutton, PC, a British Lord Chief Justice of Northern Ireland and Lord of Appeal in Ordinary, is born in Belfast, Northern Ireland, on June 29, 1932.

Hutton is the son of a railways executive. He wins a scholarship to Shrewsbury School and Balliol College, Oxford (BA jurisprudence, 1953) before returning to Belfast to study at Queen’s University Belfast and becoming a barrister, being called to the Bar of Northern Ireland in 1954. He begins working as junior counsel to the Attorney General for Northern Ireland in 1969.

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.

Hutton dies at the age of 88 on July 14, 2020.


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Birth of Hugh Holmes, MP & Judge of the Court of Appeal in Ireland

Hugh Holmes QC, an Irish Conservative Party, then after 1886 a Unionist Member of Parliament (MP) in the Parliament of the United Kingdom and subsequently a Judge of the High Court and Court of Appeal in Ireland, is born in Dungannon, County Tyrone, on February 17, 1840.

Holmes is the son of William Holmes of Dungannon and Anne Maxwell. He attends the Royal School Dungannon and Trinity College, Dublin. He is called to the English bar in 1864 and to the Bar of Ireland in 1865.

Holmes becomes a Queen’s Counsel (QC) in 1877. He is appointed Solicitor-General for Ireland on December 14, 1878 and serves until the Conservative government is defeated in 1880. He becomes Attorney-General for Ireland in 1885–1886 and 1886–1887. He is made a member of the Privy Council of Ireland on July 2, 1885. He is a MP for Dublin University from 1885 to 1887.

Holmes resigns from the House of Commons when he is appointed a Judge in 1887. He is a Justice of the Common Pleas division of the High Court of Justice in Ireland until 1888 when he becomes a Justice of the Queen’s Bench division. He is promoted to be a Lord Justice of Appeal in 1897. Ill health causes his retirement in 1914.

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.

In 1869 Holmes marries Olivia Moule, daughter of J.W. Moule of Sneads Green House, Elmley Lovett, Worcestershire. She dies in 1901. Their children include Hugh junior, Sir Valentine Holmes KC (1888-1956), who like his father is a very successful barrister and a noted expert on the law of libel, Violet (dies in 1966), who married Sir Denis Henry, 1st Baronet, the first Lord Chief Justice of Northern Ireland, Elizabeth, who marries the politician and academic Harold Lawson Murphy, author of a well known History of Trinity College Dublin, and Alice (dies in 1942), who marries the politician and judge Edward Sullivan Murphy, Attorney General for Northern Ireland and Lord Justice of Appeal of Northern Ireland.

Holmes dies on April 19, 1916, five days before the beginning of the Easter Rising.


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Death of Sir Denis Stanislaus Henry, 1st Baronet

Sir Denis Stanislaus Henry, 1st Baronet, KBE, PC (Ire), QC, Irish lawyer and politician who becomes the first Lord Chief Justice of Northern Ireland, dies in Belfast on October 1, 1925.

Henry is born on March 7, 1864 in Cahore, Draperstown, County Londonderry, the son of a prosperous Roman Catholic businessman. He is educated at Marist College, Dundalk, Mount St. Mary’s College, Chesterfield, Derbyshire (a Jesuit foundation) and Queen’s College, Belfast, where he wins every law scholarship available to a student in addition to many other prizes and exhibitions. In 1885, he is called to the Bar of Ireland.

During the 1895 United Kingdom general election campaign, Henry speaks in support of unionist candidates in two constituencies: Thomas Lea in South Londonderry, Henry’s native constituency, and E. T. Herdman in East Donegal.

Henry’s legal career flourishes. He becomes Queen’s Counsel in 1896, a Bencher of the King’s Inns in 1898 and ultimately Father of the North-West Circuit – but his interest in politics does not diminish. In March 1905, he is a delegate at the inaugural meeting of the Ulster Unionist Council and in the 1907 North Tyrone by-election he is the Unionist candidate, losing by a mere seven votes.

On May 23, 1916, Henry is elected as an MP in the South Londonderry by-election, the first by-election to be held in Ireland after the Easter Rising, which occurred a month earlier. The rebellion has had no discernible impact on the contest.

In November 1918, Henry becomes Solicitor-General for Ireland and in July 1919, Attorney-General for Ireland. He later serves as the first Lord Chief Justice of Northern Ireland from 1921 to 1925. In 1923, he becomes a Baronet, of Cahore in the County of Londonderry.

Henry marries Violet Holmes, daughter of Hugh Holmes, a judge of the Court of Appeal in Ireland, and Olivia Moule. They have five children, including James Holmes Henry, who succeeds as second baronet. It is a mixed marriage as Violet is and remains a staunch member of the Church of Ireland. Despite their religious differences, the marriage is said to be happy.

Henry dies in Belfast on October 1, 1925, aged 61, and is buried near his native Draperstown.

(Pictured: Sir Denis Stanislaus Henry, 1st Baronet, bromide print by Walter Stoneman, 1920, National Portrait Gallery, London)


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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.


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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)


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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.


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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.