A Co Dublin midwife yesterday brought a High Court challenge to the refusal to allow two expert midwives and a research sociologist attend a private hearing of an inquiry into a complaint against her alleging professional misconduct.
Ms Ann O Ceallaigh, of Temple Crescent, Blackrock, is seeking a court order directing An Bord Altranais (the Nursing Board) and its Fitness to Practise Committee to allow her three experts attend the in-camera inquiry. The committee has refused permission to midwives Dr Mary Cronk and Prof Leslie Page, and to research sociologist Ms Marie O'Connor to attend.
The self-employed domiciliary midwife is also seeking a declaration the committee acted unlawfully in deciding not to allow her three experts attend the inquiry.
The committee said its ruling to exclude the three was properly and lawfully made and does not amount to a denial of effective legal representation. O Ceallaigh. In court yesterday, Dr Michael Forde SC, for Ms O Ceallaigh, told Mr Justice McCracken the issue was whether Ms O Ceallaigh was entitled to have three experts present at the inquiry who would be of assistance to her legal team.
The inquiry chairperson had decided against her but this was a perverse decision, Dr Forde said. His client had been told a transcript of the evidence tendered at the inquiry would be available to the experts, but this was not adequate. Failure to allow the three experts attend the committee's hearings damaged Ms O Ceallaigh's ability to conduct her case.
The only argument put forward by the committee, apparently, was that admission of the three would interfere with the privacy of the investigation. But the same committee's chairperson had indicated the three people concerned could read daily transcripts.
Dr Forde said the committee had abused its position. If they were to be given transcripts of each day's hearing, then confidentiality would not be affected by excluding them physically.
Mr Richard Nesbitt SC, for the nursing board and the committee, said the court could intervene in the conduct of the committee's business only in exceptional circumstances.
Ms O Ceallaigh was an expert herself and it was surprising she was not in a position to brief her legal representatives. If she was unhappy about the outcome of the committee's deliberations, she was entitled to a full rehearing before the High Court.
Mr Justice McCracken said he would try to deliver his judgment next week.
Earlier yesterday, the same judge, in separate proceedings, indicated he will issue a reserved judgment on an application by Ms O Ceallaigh for a judicial review of the board's decision to refer three of the four complaints against her to its Fitness to Practise Committee for investigation.