A High Court judge has said it would appear the Minister for Defence was "deliberately attempting to interfere with the running of the court". Mr Justice Johnson made the comment during an application by the State yesterday for an adjournment of an Army deafness case. In the case, listed for July 17th, Mr John Furlong, a retired soldier, of Maryville, Kildare, had sought damages from the Minister for Defence and the State for hearing loss and tinnitus.
The case came before Mr Justice O'Donovan yesterday but the State applied for an adjournment on the grounds that its ENT surgeon was unavailable either yesterday or today. The adjournment was opposed by Mr Ray Fullham SC, for Mr Furlong. He said the case had been in the list since July 17th and it was unfair at this late stage to apply for an adjournment. The case then came before Mr Justice Johnson who has dealt with many Army deafness cases.
He was told the State was seeking an adjournment because of the unavailability of the ENT surgeon. The application was again opposed by Mr Fullham.
Mr Justice Johnson said: "It would appear that the Minister for Defence is deliberately attempting to interfere with the running of the court." He assigned the case back to Mr Justice O'Donovan. However, after talks between the parties, the judge was informed it had been settled. He struck out the case with no order and awarded costs against the State.