The trial and conviction of Catherine Nevin for the murder of her husband, the publican Mr Tom Nevin, is an episode in criminal history that will remain lodged in the public consciousness for many years to come. During the course of that trial, the jury heard many claims, smears and outright lies about Mr Nevin, about alleged goings-on at the pub, Jack White's in Brittas Bay, Co Wicklow, and about others caught up in the whole saga - not least District Judge Donnchadh O'Buachalla. It was suggested, for instance, that Judge O'Buachalla had a relationship with Mrs Nevin. This was denied strongly by him under oath. Following the trial, questions were asked regarding the transfer, to Mrs Nevin, of a pub licence formerly held by her and her late husband. The implication was clear and it was right, therefore, that an inquiry was held, lest any cloud of suspicion taint the reputation of Judge O'Buachalla.
The report of the public inquiry, carried out by Mr Justice Francis Murphy of the Supreme Court, exonerates Judge O'Buachalla of the most serious accusations against him, which are enumerated in the report. For that he will be relieved and grateful. But the report also scolds him for the way he handled the licence transfer.
On the question of whether there was an abuse of the legal process in the manner in which the licence was transferred into Mrs Nevin's name, the report is unambiguous: the undisputed facts do not support such an inference or suspicion, says Mr Justice Murphy. In failing to conduct the transfer hearing in public, "no injustice whatever was done". Several people contributed to the error, though it was one for which Judge O'Buachalla had to accept ultimate responsibility, says the report. The failure of Judge O'Buachalla to disqualify himself from the transfer hearing (because of his acknowledged friendship with Mrs Nevin) was "an error of judgement and not an act of misconduct".
The other matter inquired into by Mr Justice Murphy - that Judge O'Buachalla was hostile towards two gardai against whom complaints had been made by Mrs Nevin - evaporated during the inquiry when the gardai withdrew any complaint against Judge O'Buachalla. "The exoneration of the Judge in relation to this aspect of the matter must be without qualification," says the report.
However, Judge O'Buachalla will doubtless be chastened to read his public statement of April 13th 2000 - to the effect that the licence transfer application was held in public - as "inaccurate and incomplete". The report says: "It was clearly wrong to say that the application was made in open Court. It was not." While there were no abuses of process, there were errors of judgment, an undesirable intervention and an oversight which the judge has every reason to regret, in the view of Mr Justice Murphy.
While taking comfort in his overall exoneration, Judge O'Buachalla will need to dwell also on these judgments of his conduct.