Former District Court president Judge Peter Smithwick dies

Judge Peter Smithwick, a former president of the District Court and chairman of the Smithwick Tribunal, has died.

The Co Kilkenny native, who was born in 1937, came from a family who are a prominent part of the landed gentry of the county. The family firm brewed Smithwick’s ale for several generations until the operation was acquired by Guinness, now Diageo.

Judge Smithwick’s brother Paul, who was awarded an Order of the British Empire (OBE), died just last month.

Peter Smithwick grew up in the family’s country home at Kilcreene Lodge in Kilkenny and was educated at Loreto Convent in Kilkenny, Castleknock College and University College Dublin.

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He joined his father Walter’s solicitors’ practice in 1958 aged 21. He also took over as director of the brewing firm after his father retired and was guest of honour at an event marking the third centenary of the brewery in 2010.

He was made president of the District Court just three months after being appointed a judge of that court. The move prompted some controversy, with Fine Gael raising the point that he had been a director of elections for Fianna Fáil in Kilkenny.

Drinking loophole

As president of the District Court, Judge Smithwick was linked with moves to curb late-night drinking in Dublin at a time when it was suggested pubs were exploiting a loophole in the law allowing them to stay open late as long as they served a substantial meal. He also expressed his disapproval for lap dancing, which he said was “not public dancing” and “should be stopped”.

On his retirement as president of the District Court in 2005, Judge Smithwick was praised for his even-handedness, integrity and skill.

In responding to tributes, he thanked a range of people and organisations, including the probation and welfare services for enabling the courts to choose non-custodial options.

He retired as president of the District Court to take up the role as sole member of the tribunal of inquiry into alleged Garda collusion in the 1989 murders of two RUC officers in south Armagh as they returned from a meeting in Dundalk.

His findings included that he was satisfied that, on the balance of probabilities, there was collusion in the murders of Chief Supt Harry Breen and Supt Bob Buchanan.

Judge Paul Kelly, president of the District Court, said that as a solicitor he had represented clients in several cases before Judge Smithwick, who was “a real old-school gentleman” and “a pleasure to appear before”.

When out and about, Judge Smithwick sported a bowler hat and pin-striped trousers and was “the epitome of the city gentleman”, he said.

Judge Smithwick “will be sadly missed”, Judge Kelly said, and the news of his death was particularly sad given it came so soon after that of his brother Paul.

‘A top-class judge’

Constance Cassidy SC, a licensing litigation specialist who was regularly involved in cases before Judge Smithwick, said she was very sorry to hear of his death. She said he was “a very hard worker, very fair, astute, courteous, a top-class judge” and “very much a troubleshooting president of the District Court”.

“He was both an old-style gentleman and ahead of his time as he very much encouraged female practitioners, he did not recognise any glass ceiling,” Ms Cassidy added.

Judge Smithwick is survived by his wife Deirdre, daughters Thalia and Aoife, sister Judy and grandchildren Diarmuid, Oisín, Isabel, Nicky and Marina.

He will repose at his home at Inistioge, Co Kilkenny, on Thursday between 2pm and 6pm and his funeral Mass will be celebrated on Friday in St Mary’s Cathedral in Kilkenny.