Court presidents issue statement on claims of ‘improper’ approach

The president of the High Court, Mr Justice Nicholas Kearns, and his counterpart on the Circuit Court, Mr Justice Raymond Groarke, issued a statement tonight after carrying out an "urgent" investigation into allegations of an improper approach to High Court judge Henry Abbott by a member of the Circuit Court bench.

The presidents concluded the Circuit Court judge, identified as Desmond Hogan, should not have raised the matter with Judge Abbott, but said they were satisfied that a conversation between the two men in the yard of the Four Courts in 2010 had no influence on rulings in the case.

According to an account from Judge Abbott, related in the statement, he encountered Judge Hogan in the yard of the Four Courts a few days after July 21st 2010 - the day on which he had delivered a ruling in a family law case. In the course of a “casual conversation”, Judge Hogan asked was it true that he had made a particular order in the case. The High Court judge “took exception” and dealt with it by saying the reasons for his decision would be detailed in a written judgment in due course. This was eventually delivered on July 26th 2011.

“The making of this inquiry to Judge Abbott was the subject of certain questions put by Judge Abbott of one of the parties during a later hearing on 15 February, 2013 and was subsequently referred to by Judge Abbott in his ruling on 12 July, 2013,” according to the statement.

Judge Hogan told the investigating judges that at this remove he was unable to recall the conversation or how he came by the information that a particular ruling had been made in July 2010. He would not dispute that he may have asked Judge Abbott “in a casual way” about the case, but he was satisfied that he had “no solicitation or request to that end from any politician or from any party involved in or connected with the case in any way.”

Judge Hogan said there had been “absolutely no intention” of interfering with the case or influencing its outcome in any way, and he “deeply regrets” that his query may have given rise to “any such apprehension”.

The two presidents said Judge Hogan should not have raised the matter. But they said they were “satisfied” the query could not have influenced the decision of July 2010, as it came after the ruling had been made. They were also satisfied that the conversation had no effect on the further ruling that came three years later.

Today’s investigation followed a report in the Sunday Times that a Circuit Court judge had made an allegedly improper approach to a member of the High Court bench in a case about a dispute between parents about access to their child.

Judge Abbott’s judgment has not yet been published on the Courts Service website. All family law cases are closed to journalists and members of the public, but it is understood reference was made to this case at a recent motions list hearing, which are not subject to the in camera rule.

Former Fianna Fáil TD Mary O'Rourke said today she was contacted by a constituent, who was the mother in the family law case, but denied that she had approached any judge.

“I categorically deny it,” she said. “I have been 40 years in public life between local and national life, and never in my life have I made [representations] to any judge of any order about any matter relating to myself, family or constituents.”

Ms O’Rourke said she had a general conversation with the woman about the matter and never heard from her again. “I asked her had she a good solicitor. We discussed that. Then I asked her had she been in touch with the HSE - the usual things one says to one in a clinic. We talked about various things she could do. I didn’t say contact anyone.”

Ms O’Rourke, who was a TD until 2011, added that she was “bemused” by the story.