Tag Archives: High Court

Social Democrats TD Catherine Murphy

This afternoon in the Dáil.

Social Democrats TD Catherine Murphy again asked Taoiseach Leo Varadkar about the delay some women are experiencing in accessing their CervicalCheck slides.

Ms Murphy has previously raised the issue numerous times.

Last November, she told the Dáil that it was her understanding that the National Screening Service ordered Quest Diagnostics – which was sued by the late Emma Mhic Mhathuna – to stop releasing slides back in August.

And she said she understands that some women are going to the High Court to force the release of their slides.

This afternoon, she told the Taoiseach:

“Taoiseach, I raised with you some months ago the issue of the CervicalCheck slides not being provided to women and you gave an assurance that day, that you’d go back and talk to your officials and I’ve pursued this matter with Minster [for Health Simon] Harris.

“I indicated that it was going to end up in the courts. It was in the High Court on the 20th of December. There were commitments made by the HSE in that court to provide the slides. They have not been provided.

“The women are back in the court this Friday.

“Taoiseach this is a disgrace. There’s absolutely no reason why these slides should not be provided. There’s an unnecessary frustration being experienced by these women.

“Can I ask you to give us an assurance that this nonsense will be stopped and the HSE will be instructed to do what they agreed to do in the court?”

The Taoiseach replied:

“I recall when you raised that last time, I did make inquiries with the HSE and Department of Health about that and put across our very strong instruction from Government that slides should be provided without undue delay.

“I understand that there can be delays at different points. That, before a slide can be sent to a laboratory, the solicitor has to indicate which laboratory they want to send to. There is a protocol in place.

The vast majority of solicitors, I understand, have signed up to that protocol but not all have. So delays can happen at different points. It isn’t always at the point of the HSE or the lab.

“They can happen at the level of law firm as well.”

Previously: “I Don’t Believe I’m Being Told The Truth”

Earlier: Bryan Wall: Putting Out The Fire

Direct Response

Previously: Meanwhile, In The High Court

Former Sergeant Maurice McCabe

Ann O’Loughlin, in the Irish Examiner, reports:

The State has admitted liability in two claims brought against it by Garda whistleblower Maurice McCabe, the High Court has heard.

Mr Justice Kevin Cross was informed today liability had been admitted in a personal injuries claim brought by Mr McCabe against the Garda Commissioner, Ireland and the Attorney General.

…The actions are two of a number of cases Mr McCabe has brought against parties including the State, the Garda Commissioner, the HSE and Tusla.

State admits liability in actions against it by Maurice McCabe (Irish Examiner)

Previously: Sgt Maurice McCabe on Broadsheet

Rollingnews

Garda Keith Harrison and Supreme Court Judge Peter Charleton

Yesterday morning.

In the High Court.

Garda Keith Harrison made a judicial review application asking for Supreme Court judge Peter Charleton’s Second Interim Report of the Disclosures Tribunal to be quashed.

He’s also seeking orders prohibiting the further publication of the second interim report and the parts of the third interim report which relate to him, and that Justice Charleton is precluded from dealing with any other matters relating to Garda Harrison and the tribunal.

He further seeks a declaration that the judge has acted in breach of the garda’s rights to natural and constitutional justice and under Article 6 of the European Convention on Human Rights.

Garda Harrison had claimed his working life was difficult since he allegedly raised concerns about a garda’s conduct in Athlone in 2008, and subsequently arrested the same garda for drink-driving in 2009.

It was his contention gardai manipulated domestic incidents involving him and his partner Marissa Simms and this resulted in a referral being made to Tusla in February 2014.

Last November, Justice Charleton, in his second interim report, rejected all allegations made by Garda Harrison and his partner Marissa Simms.

In his report, Justice Charleton wrote:

“Very serious allegations were made by Garda Keith Harrison and by Marisa Simms. While they presented themselves as being the victims of others, the reality that should not be forgotten is that to be wrongly accused is a deeply upsetting experience. Essentially, they accused the gardai in Donegal of interfering in their home and family life. This was due, they claimed, to malice against him.

“All of the allegations of Garda Keith Harrison and Marisa Simms examined by the tribunal are entirely without any validity. They have claimed to have been the victims of a malicious procession of events. That is not so.

“They claimed to have been the victims of others. There is another side to this.

“The allegations which they made must have taken a considerable emotional toll on several of the multiple persons accused by them of very serious misconduct. It is appropriate here to exonerate everyone in social services and in policing accused by them of discreditable conduct.

“That is the only possible conclusion to the tribunal’s enquiry. It is also amply corroborated by the supporting evidence analysed in this report.”

In his protected disclosure, prior to the setting up of the Disclosures Tribunal, Garda Harrison claimed Chief Supt for Donegal division Terry McGinn had directed certain gardai to target him.

Justice Charleton, in his second interim report, categorically rejected this allegation.

Garda Harrison is seeking the report into him to be quashed based on previous interactions Justice Charleton had with Chief Supt McGinn during the Morris Tribunal which Garda Harrison believes gives rise to a presumption of bias and doubts as to Justice Charleton’s independence or impartiality.

At the Morris Tribunal, Chief Supt McGinn was the garda liaison officer to the tribunal while Justice Charleton was one of the tribunal’s counsel.

In his judicial review, Garda Harrison has highlighted two newspaper reports from The Irish Times in 2006 about the proceedings at the Morris Tribunal, and the transcript of the same.

One report, dated march 30, 2006, stated:

RTÉ was criticised today after it aired a misleading reconstruction from the Morris tribunal that gave the impression a trusted garda aide to the inquiry had no interest in uncovering the truth.

Mr Justice Frederick Morris, tribunal chairman, agreed the broadcast was badly edited and created a deeply unpleasant impression of highly regarded liaison officer Chief Supt Terry McGinn.

In a brief address, counsel for the tribunal Peter Charleton SC said the reconstruction, aired on RTÉ’s Morning Ireland, had left listeners with the feeling that she was unsupportive.

Chief Supt McGinn, who has liaised with dozens of officers since the tribunal began in 2002, has been praised in the past by Judge Morris for her work.

But Mr Charleton said the broadcast left the impression that the senior officer had no interest in assisting the tribunal or uncovering the truth.

He revealed if the reconstruction had carried on through the next few minutes of evidence it would have shown the high regard in which Chief Supt McGinn was held by gardaí and tribunal staff.

Judge Morris said: “There is no doubt that if the broadcast terminated at the point you (Mr Charleton) indicated it may well convey the entirely wrong impression of what the evidence was.

“Hopefully the record would be corrected and set right, because it would be quite wrong if anybody should be left with the idea that Chief Superintendent McGinn was not extremely helpful to the tribunal in the carrying out of its work.”

Mr Justice Morris added that it would be unfair to leave the public with the impression that she was not interested when Garda John Dooley came to her preparing to come clean about abuse meted out to mother-of-three Katrina Brolly.”

A second report, dated March 31, 2006, stated:

A deeply unfortunate and unpleasant impression was created on RTÉ radio’s Morning Ireland that the Garda liaison officer to the tribunal was not interested when a garda came to her wanting to tell the truth, the hearing was told.

The programme featured a re-enactment from the transcript of Tuesday’s evidence concerning Chief Supt Terry McGinn, who was Garda liaison officer to the tribunal, tribunal counsel Peter Charleton SC said.

She fulfilled that post with distinction for three years before being promoted to chief superintendent running the Donegal division, he said.

During the course of the reconstruction of evidence given by Det Garda John Dooley, a “deeply unfortunate and unpleasant impression has been created” concerning Chief Supt McGinn in the way it was edited.

The extract dealt with how Det Garda Dooley came to a position where he was determined to tell the truth.

It said the garda had said he had gone to then Supt McGinn but “I didn’t think she wanted to hear it, I was so upset at the time”. That was where the broadcast ended.

The transcript went on and said Det Garda Dooley said he very much received appropriate support from Chief Supt McGinn. She visited him regularly in hospital and told him to be honest and tell the truth. She contacted him regularly by phone and was extremely supportive.

Mr Charleton said all who had worked with Chief Supt McGinn had great respect for the assistance she had given to the tribunal and it would be unfair to her that listeners might think she just was not interested in the truth.

The chairman, Mr Justice Frederick Morris, said it might well convey an entirely wrong impression, so hopefully, the record might well be corrected and set right. It would be quite wrong if anybody was left with the idea that Chief Supt McGinn was not extremely helpful to the tribunal in its work.”

The Disclosures Tribunal did hear that Chief Supt McGinn acted as the Garda Liaison Officer at the Morris Tribunal.

But Garda Harrison claims there was no significant discussion or questioning about the nature of Chief Superintendent McGinn’s involvement with the Morris Tribunal and its legal team at the Disclosures Tribunal.

It’s also understood Garda Harrison, in his judicial review application, states he wasn’t interviewed by the tribunal’s investigators before he gave evidence at the Disclosures Tribunal – unlike other gardai who made protected disclosures.

Justice Seamus Noonan granted permission to bring the action yesterday, on an ex parte basis, and the matter will return before the courts in two weeks’ time.

Previously: ‘Entirely Without Any Validity’

The Four Courts in Dublin

This morning.

At the High Court before Judge Richard Humphries.

A single mother, who was the foster carer for a baby born prematurely with severe health difficulties for more than a year, will challenge the actions of Tusla in the hope that what she claims happened to her won’t happen to anyone else.

In March of last year, the mum-of-two, who has fostered more than a dozen children in the past, responded to a call-out from Tusla for a volunteer to sit with the baby in a hospital, and cuddle it, as, Tusla said, the then three-month-old baby hadn’t had any significant human contact since it was born.

As time went on, the mother began fostering the baby and underwent specialised training to learn how to feed and care for it.

She sought to adopt the baby but she was told it was the birth mother’s wish that the child be adopted by a married couple. However, Tusla organised for her to have a legal consultation on the matter.

In April of this year, while the child with severe special needs was recovering in hospital following surgery, the mother claims it was abruptly removed from the hospital and given to a couple in the process of adopting the child.

The adoption process in regards to the child is not yet complete but it’s expected to be finalised in several months.

However, by seeking a judicial review of how Tusla handled the case, the mother wants to stop the adoption process which Tusla has started with the couple and she’s also seeking an order compelling Tusla to consider her application to adopt the child.

She claims Tusla didn’t follow procedure, didn’t provide for a proper transitioning period and didn’t give her adequate notice of what was going to happen.

She also claims the best interests of the child were not served in how Tusla handled the case.

An internal Tulsa investigation into the matter is also already under way.

Related: Single mum takes Tusla to court after agency takes away foster baby (Mark Tighe, The Sunday Times)

Foster mother loses custody of child because birth mother wants kid to go to “a couple” (Irish Mirror, April 28, 2018)

UPDATE: 

The mother has been granted a judicial review and will come back before the High Court on October 16.

From top: Conor O Mahony of the Office of the Director of Corporate Enforcement (ODCE): INM CEO Michael Doorly (left) leaving the High Court this afternoon

The High Court has granted the appointment of inspectors from The Office of the Director of Corporate Enforcement to Independent News and Media

They may be some time.

This afternoon.

The High Court, Dublin

In a 76-page judgement, President of the High Court, Mr Justice Peter Kelly has approved the application by the Office of the Director of Corporate Enforcement [ODCE] to appoint inspectors to Independent News and Media [INM], publishers of the Irish Independent, Sunday Independent and Evening Herald.

In its application, the ODCE alleged there was a culture of deference towards INM’s major shareholder, Denis O’Brien, and it had a suspicion the affairs of the company were interfered with for his benefit.

More as they get it.

High Court Appoints Inspectors To INM (RTÉ)

Earlier: Inmcoming

Rollingnews

Update:

To the shredders!

Meanwhile…

PushPull Collective writes:

We caught up with the groups occupying Housing Minister Eoghan Murphy’s office and vacant properties around Dublin.

PushPull Collective

Yesterday: Meanwhile At The Department Of Housing

The reception of Independent News and Media offices on Talbot Street, Dublin 1

Mark Paul, in The Irish Times, reports:

“Independent News and Media (INM) has recruited Deloitte for yet another investigation into an alleged major data breach at the newspaper publisher.

“It has also threatened outside IT experts, recruited under the supervision of former chairman Leslie Buckley, that it will sue them unless they co-operate, according to court papers.

“…Mr Buckley is refusing to meet the Deloitte investigators. In letters to INM’s legal advisers McCann Fitzgerald, Mr Buckley’s lawyers cite his anger at a letter sent by INM to the so-called INM 19, who were among those whose data was searched.

“That letter, his lawyers say, appears to blame Mr Buckley for “unauthorised” access to INM’s data.”

INM threatens to sue experts who ran data ‘interrogation’ (Mark Paul, The Irish Times)

Yesterday: There Were Discussions With Dee Forbes About ‘Getting Stephen A Job At RTE’

Previously: Why Did You Pay To Have These People Hacked?

INM The Thick Of It

Top: Ruth Morrissey outside the High Court last week

RTE reports:

“The legal action being taken by a 37-year-old woman with cervical cancer who is suing the Health Service Executive and two laboratories over the incorrect reporting of two smear tests, has been adjourned until September.

The High Court has been told that Ruth Morrissey, a mother-of-one from Limerick, has responded well to treatment so far.

Mrs Morrissey has been told that she could have less than a year to live.

… Mrs Morrissey’s lawyers wanted the case to continue in August.

But the two laboratories – Quest Diagnostics and Medlab Pathology – asked the court to adjourn the matter until later in the year.

They said it made more sense to continue the case after the result of that further scan were known.

Lawyers for the laboratories said there was now no imminent risk to Mrs Morrissey and less requirement for the matter to be heard urgently.”

Morrissey case over incorrect smear tests adjourned until September (RTE)

Previously: ‘If He Doesn’t, I Don’t Think He Should Be In The Position He’s In’

Rollingnews