The president of the High Court has said he is struggling to find judges for new cases because the Government has not yet moved to fill seven vacancies on the court.
Seven senior High Court judges are due to be promoted to the new Court of Appeal at the end of the month, but though they remain judges of the High Court they cannot be assigned to cases that could run into next month.
It is understood the Judicial Appointments Advisory Board sent a list of names to the Department of Justice in mid-September but the Cabinet has yet to sign off on the nominations. This means the High Court is in effect seven judges short.
Twice in the High Court yesterday, Mr Justice Nicholas Kearns said he was "hard- pressed" trying to manage his list and get cases heard because he was still awaiting the appointment of seven new judges.
He said he was unable to allocate judges to hear several cases, including an action for his immediate release from prison by Co Louth man Michael McKevitt, who is serving a 20-year sentence for directing terrorism and Real IRA membership.
In another case, the judge told lawyers seeking hearing dates he was experiencing considerable difficulty in finding a judge to take the High Court bail list in Cloverhill this week. “I cannot underline sufficiently just how unsatisfactory things are,” he added.
Identities unknown
The Government was expected to sign off on the new judges at this week’s Cabinet meeting, but sources said it was not dealt with. The delay means court authorities do not know the identity of incoming judges or their areas of expertise and leaves less time for training and induction for the new arrivals on the bench. Mr Justice Kearns told the court that forward planning in the High Court stopped at the end of October.
McKevitt (59), of Beech Park, Blackrock, Co Louth, was convicted in 2003 but had his sentence backdated to 2001 as he was in prison on remand since then. In his challenge to his continuing detention, he argues he is entitled to one-third remission of his sentence arising from good behaviour and his participation in structured activities in Portlaoise prison.
In court yesterday, Michael O'Higgins SC, for McKevitt, said the Supreme Court had decided in August such a case should proceed via judicial review rather than a constitutional challenge to the legality of detention. His side wanted an urgent hearing of their judicial review as it was their case McKevitt should be out of jail, he said.Referring to the delay in appointing the new judges, a spokeswoman for Minister for Justice Frances Fitzgerald said: "The Minister will be bringing names to Cabinet shortly."
