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NEWSNUACHT NA SEIRBHÍSE CÚIRTEANNAISSUE 5 DECEMBER 2016 | WWW.COURTS.IE

Courts ServiceAn tSeirbhís Chúirteanna An tSeirbhís Chúirteanna

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Courts ServiceAn tSeirbhís Chúirteanna


Commemorating 1916

New Courthouses

Public Guardian Conference

Festive Features

CONTENTS

COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016

REGULARS Welcome Note 1 Appointments 15 Retirements 16 Through the Lens 22

FEATURES Christmas Messages 2 A look back at 2016 3

NEWS Praise for Ireland’s judges 9 Public Guardianship Conference 10 Buildings News 11

SOCIAL Book reviews 18Film reviews 19Festive Fun 21

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10

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1COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016


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WELCOME

Welcome to the December issue of Courts Service News

As Christmas approaches, we look back on another year of activity in, and around, the courts. We recall, in particular, the events organised during this very special commemorative year. The Easter Rising and the Battle of the Somme were remembered with dignity and solemnity, and with due regard to the memory of all who gave their lives during that historic time in our history (see pages 3 and 4).

With an increase in funding in 2016 came news of the revival of the Courts Service Building Programme. We watched, with anticipation, the construction work underway to provide seven new courthouses around the country and look forward to celebrating their completion in 2017 (see pages 5 and 6). We also welcomed news of a proposed major civic building in Dublin on a site off Church Street (see page 6).

Major projects require considerable planning and organisation. We mention the new Change Management Office and the renewed focus on staff learning and development (see page 7).

Alternative methods of dispute resolution continue to be promoted with members of the judiciary recommending mediation particularly in family law cases (see page 13). Meanwhile, the Drug Treatment Court welcomed some high profile visitors to observe its alternative approach to certain criminal charges (see page 8).

At the recent National Judicial Conference, the Chief Justice spoke about the work of the judiciary and their efforts to reform the judicial appointments process (see page 9). Judges and staff from Ireland and abroad with an interest in the affairs of wards of court joined together to discuss current and future issues at the recent Public Guardian Conference in Dublin Castle (see page 10).

As befits this time of year, we feature reviews of books (see page 18) and films for your festive viewing (see pages 19 and 20) ; and we have a delicious recipe (see page21) and a seasonal quiz (see page 21).

We also bring news of appointments and retirements, and remember some colleagues recently deceased.

As always, we are indebted to all who have assisted us during the year with contributions, comments and suggestions. Your support is invaluable as we endeavour to bring news about what’s happening around the courts. To subscribe, visit the ‘Publications’ section of our website (www.courts.ie) or email: [email protected].

We wish all our readers a happy and healthy Christmas and a peaceful New Year and look forward to hearing from you all again during 2017.

The Courts Service News Team

Courts Service News is the magazine of the Courts Service. Contributions are drawn from a wide area and do not necessarily reflect the views or policies of the Courts Service. The editors reserve the right to edit all contributions, including letters.

Courts Service News, Information Office,15-24 Phoenix Street North, Smithfield,Dublin 7.

Telephone (01) 888 6459 Email [email protected] www.courts.ie

Editorial TeamHelen Priestley, John Whelan, Gerry Curran.

Design and PrintPaul Martin Communications,1 Dodder Park Grove,Rathfarnham,Dublin 14.D14 TF72www.paulmartin.ie

If you would like to contribute an article, a book or film review, please contact the editorial team at [email protected]


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2 COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016


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CHRISTMAS MESSAGE FROM THE CHIEF JUSTICE

2016 has been a busy and eventful year in the world of business, commerce, law, politics, change, and challenge. It will not be forgotten quickly not least because of the number of well known, iconic and legendary figures it has taken from us.

As we leave this centenary year, where we marked the 1916 Rising, we may reflect on what that Rising means to us today, to our democratic traditions and beliefs, and to our service to the public.

As civil servants of the State, the staff and management of the Courts Service are committed and resourceful, as they ensure the smooth operation of our courts. That commitment is one of the many factors which makes the Courts Service a leader in the Public Service. I thank you for your dedication.

I am grateful also to the members of the legal profession, the Gardaí, the prosecutor and defence teams, and those who provide support to victims. All these groups help create a functioning legal system that meets the expanding and often complex demands placed upon the courts.

I wish you and yours a very happy Christmas and peaceful New Year.

Susan Denham

CHRISTMAS MESSAGE FROM THE CHIEF EXECUTIVE

Winter is a call to slow down and pause for a while, and Christmas is a time to step away from work and rejuvenate and plan for the New Year.

This has been another busy year for the Courts Service. Workloads continue to place considerable demands on our staff across all court jurisdictions and in our support areas. As ever, I am grateful for their ongoing commitment and effort and am glad that this year saw us return to investing in people through expanded learning and training opportunities, and the recruitment of new colleagues. We are investing in improved and expanded ICT infrastructure to help us deliver improved services to all who use our courts, while our renewed investment in court buildings is also coming to fruition in seven towns and cities around the country.

As the year ends, we look back on 2016 as the year when we commemorated the historic events of 1916. I thank our staff who were involved in various events around the country. I am proud that our efforts will form part of an archive of records so future generations will know how we remembered those who were involved, not only in the Easter Rising, but in the Battle of the Somme, all those years ago.

The legal community and a variety of other professions continue to play an important role in supporting our aims and objectives. I thank them, the Board of the Courts Service, the judiciary, our colleagues in the Department of Justice & Equality and colleagues across the public sector for their commitment to joining with us to provide a modern, functioning court system. We must never take for granted the thousands of people and individual efforts which make it function every day.

At this festive time I extend my thanks for all those efforts and wish everyone a great Christmas and a healthy and happy New Year.

Brendan Ryan

CHRISTMAS MESSAGES



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Commemorating 1916

Exhibition in Four CourtsThe role played by the Four Courts in the Easter Rising 1916 is often overlooked by its more dramatic destruction in 1922. Events in 2016 emphasised the importance of the Four Courts, and the surrounding area, to the historic events that occured.

In March, the Chief Justice opened an exhibition ‘Bullets Books and Barricades, the story of the Four Courts Garrison’, which included an insight into the occupation of the Four Courts on Easter Monday 1916 and the events of the following days. The exhibition, a collaboration between the Courts Centenary Commemoration Committee and the Bar of Ireland, was hosted in the Round Hall of the Four Courts for a number of months before moving to the Bar of Ireland’s Distillery Building on Church Street.

Wreath laying ceremony remembers Four Courts Garrison VolunteersThe Volunteers of the Four Courts Garrison were remembered at a wreath laying ceremony in the Quadrangle of the Four Courts on Easter Monday by the Chief Justice. She, together with Minister for Justice & Equality Frances Fitzgerald and Andy Farnham a representative of the relatives, laid wreaths in memory of those who died in the Four Courts 100 years ago.“What struck me in reminding myself of this historic event was the care shown by the volunteers to those captured from the enemy force. Not only did they treat them humanely here in the Four Courts, but the lives of many were saved by the Volunteers when a water mains burst and those in the cells of the Bridewell were about to drown. Bravery must extend to doing the right thing - to being humane. Our Four Courts Volunteers certainly showed that bravery, not just in fighting, but in respect for those they overcame.”

Justice Minister Frances Fitzgerald said, “we are gathered here today not just to acknowledge the memory of those who participated in those momentous events but more importantly in memory of the ideals they stood for. For many of you present here today, this is a personal journey - a journey into family memory and history. But it is part of our national and international history too. Your ancestors were part of a movement that changed the fault lines of history. Their actions along with those of the other Volunteers in Dublin, Wexford, Galway, Meath, Cork and Kerry – in that momentous Easter Week in 1916 - led ultimately to the establishment of this State – one of the oldest continuous democracies in the world. It is a legacy that we must cherish and protect above all else”.

It was a year dominated by events commemorating 1916 – from the Easter Rising to the Battle of the Somme; a year when the Courts Service welcomed cranes back onto the skyline as buildings rose up in seven locations; a year when planning for a major new civic court building commenced; a year when the Service adopted a new approach to managing change; a year when staff learning and development came back onto the agenda; and all the while the business of the courts continued to be supported in civil and criminal courtrooms, and court offices the length and breadth of the country:


LOOK BACK AT 2016...


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New lease of life for Kilmainham Courthouse

President Michael D. Higgins opened the refurbished and resplendent Kilmainham Courthouse in March. The old courthouse, handed over by the Courts Service to the OPW as a contribution to the centenary commemorations, was totally renovated into a visitor centre for the adjacent Kilmainham Gaol.

Praising the magnificent work, Chief Justice Susan Denham said “This former courthouse, a place of justice, is now part of a centre which tells a story of detention and executions. It is a vital window into our past. It proclaims its story, and challenges minds, both young and old. It is an important resource in appreciating and understanding our past. The project offers the opportunity to curate in new ways the history around it; to accommodate the increased numbers of visitors, and the heightened interest in the period the Gaol is most associated with; and to make the experience of those who visit more enjoyable”.

President Higgins said that the building “stands for many as a symbol and a reminder of those who, a hundred years ago, bravely risked, and in so many cases sacrificed, their lives so that future generations of Irish men and women might live as citizens of a free and independent State. The history of the Gaol and Courthouse is of course a long and rich

one, and it is for the greater part a history steeped in great sadness and human tragedy. Originally built in 1796 as the County Gaol for Dublin, these premises have witnessed the detention of many leading figures in Ireland’s lengthy battle for independence from British rule, including Robert Emmet, Thomas Francis Meagher and Charles Stewart Parnell, as well as so many of the main participants in the Easter Rising of 1916, the War of Independence and the Civil War. This prison has also, of course, served as the place of detention for a much greater number of ordinary men, women, and even children, who suffered greatly within these walls”.

Remembering the Somme

Several events with a legal connection were held to commemorate the centenary of the Battle of the Somme.

A large crowd gathered in the Supreme Court in July to hear David Nolan SC, Gerry McAlinden QC, and Ciaran O’Mara solicitor, recall barristers and solicitors who died in the horrendous conditions of the Belgian battlefields in 1916.

One of the barristers killed in the Somme was Thomas Kettle, who died aged 36 on 9th September 1916. Remembered in the memorial to barristers who died during the First World War in the Four Courts his legal and considerable other life experiences were recalled in an event organised by the Department of Arts, Heritage and the Gaeltacht, with input from and participation by the Department of Foreign Affairs & Trade and the Defence Forces, in St. Stephens’ Green in September. Members of Mr. Kettle’s family joined the Minister for Foreign Affairs Charles Flanagan T.D., Chief Justice Susan Denham, and a host of others in an afternoon of poetry and music. The forecourt of Kilkenny Courthouse was transformed in August to display a scene to depict the Battle of the Somme. Kilkenny County Council and the Kilkenny Great War Memorial Committee collaborated to create an impressive exhibition area that included information and educational panels, and a recreation of a Somme trench to convey the squalor of the conditions and desolation of those sent out to fight.




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BUILDING PROGRAMME STARTS AGAINOnce in a generation investment in new courthousesThere was much to be encouraged about on the buildings front as work commenced on the construction of four new courthouses and three full courthouse refurbishments across the country. These projects, which see the creation of 700 construction industry jobs, are in Cork, Letterkenny, Wexford, Limerick, Mullingar, Drogheda and Waterford. They are being delivered by way of a Public Private Partnership with BAM PPP PGGM Infrastructure Cooperatie U.A. This consortium is constructing and delivering the projects, at a cost of €135 million, and will provide ongoing facilities management of the venues.

Welcoming the commencement of the construction, the Chief Justice, as Chairperson of the Board of the Courts Service, thanked the Minister for Justice & Equality for her assistance. “The projects will create a future which promises a great change in the axis of activity in the legal world of several towns and cities. The investment in these seven projects is the largest single investment in regional court structures in the history of the State. They will bring world class court facilities to each city or town”.

Work on the construction of the projects will take up to 24 months with the Courts Service planning to begin to move court business into the venues in 2017. The projects include the design, build, finance and maintenance of facilities ranging in size from 1,354 m² to 8,490 m² in gross floor area as follows:

DROGHEDA, CO. LOUTH

A new courthouse consisting of two courtrooms and associated facilities to be constructed on a landmark town centre site adjacent to the River Boyne. Due to be completed in April 2017.

LETTERKENNY, CO. DONEGAL

A new courthouse to accommodate four courtrooms and associated facilities to be constructed on a town centre site close to the existing courthouse. Due to be completed in September 2017.

LIMERICK CITY

A new criminal courthouse to be built on a site adjacent to Limerick Prison, to include six courtrooms, custody facilities, court offices and associated facilities. Due to be completed in October 2017.

WEXFORD TOWN

The refurbishment and extension of an existing landmark building to provide a new courthouse for Wexford Town consisting of four courtrooms, custody facilities, court offices and associated facilities. Due to be completed in September 2017.



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LOOK BACK AT 2016...CORK CITY

The refurbishment and extension of the existing landmark courthouse building at Anglesea Street to accommodate six courtrooms, improved custody facilities, court offices, the regional office and associated facilities. Due to be completed in December 2017.

MULLINGAR, CO. WESTMEATH

The refurbishment and extension of the existing historic courthouse in Mullingar to accommodate three courtrooms, improved custody facilities, court offices and associated facilities. Due to be completed in November 2017.

WATERFORD CITY

The refurbishment and extension of the existing historic courthouse in Waterford to accommodate six courtrooms, improved custody facilities, court offices and associated facilities. Due to be completed in November 2017.

Hammond Lane – unveiling the futurePlanning commenced for a landmark civic building complex in Dublin during the year. The new complex, to be delivered via a Public Private Partnership by the end of 2020, will provide a purpose built state of the art Family Law and Children’s Court complex comprising19 family law courtrooms over four floors for three court jurisdictions; two Children Courts with Jury Courtroom; support services; new Supreme Court; and accommodation for Courts Service staff currently based in Phoenix House.



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NEW LEASE OF LIFE FOR LEARNING AND DEVELOPMENT OF STAFFStaff learning and development did not receive high priority following the economic downturn in recent years. However the relaxation of embargos on staff recruitment following the availability of increased funding coupled with the need to provide for the likely retirement of a large part of the workforce in the next few years saw a re-focus on this vital area during the year.

The Learning and Development Strategy 2016-2018, officially launched by the Chief Justice in March, was followed by a series of workshops to outline how the new strategy will help address a range of issues and challenges. The workshops, held with staff in Dublin and throughout the country, were attended by the Chief Executive and members of the Senior Management Team (SMT). Key actions under the new strategy are the establishment of a Learning and Development Committee, and the capturing and sharing of the wealth of knowledge of experienced staff. ‘Communities of Practice’, groups of staff who share a passion for something that they do, will be used to share knowledge and experience, so that each individual can operate more effectively.

The strategy also envisages the introduction of coaching for managers. The Coaching for Performance programme aims to develop managers skills, particularly in the areas of people management, communication, listening and providing feedback.

NEW APPROACH TO MANAGING CHANGEMajor change projects require a coordinated approach to delivery. The Service established a Change Management Office during the year to implement change with impact, in a co-ordinated manner. The Office will consider matters such as the critical success factors that will ensure successful implementation of projects, and a governance structure to deliver and drive a programme of change and reform. Several critical challenges face the Court Service over the next 3-5 years. They are: to consolidate and continue to fulfil the statutory mandate to manage the courts, to value staff by investing in a learning and development programme, and to exploit the potential for further integration and collaboration with partners in the Justice and legal community.

ANNUAL REPORT SHOWS EXTENT OF WORK OF THE COURTSThe Courts Service Annual Report 2015 published in July 2016 highlighted the work of the Service and provided statistics on the work of the courts in 2015. The full Report is available on www.courts.ie.

Court caseload data 2015

Criminal offences and appeals (by offence)

Incoming Resolved

District Criminal Court 405,007 298,797

Circuit Criminal Court 28,978 23,441

Special Criminal Court 45 29

Court of Criminal Appeal - 6

Court of Appeal (Criminal) 862 1,186

Total 436,471 324,298

Civil business by jurisdiction

Incoming Resolved

District Court 147,617 119,894

Circuit Court 57,161 37,865

High Court 42,717 31,730

Court of Appeal 641 750

Supreme Court 109 524

Total 248,245 190,763

(pictured from l to r) Courts Service CEO Brendan Ryan, Chief Justice Susan Denham, Head of Learning and Development Deirdre Doyle, Head of Resource Management Sean Quigley and Richard Kelly, Learning and Development

Audrey Leonard, Head of Change Management Office



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DRUG TREATMENT COURT CONTINUES

Alternatives to resolving disputes on the civil side continued during the year, as our report on mediation shows (see page 13). There was continued success also for the Drug Treatment Court with a number of people graduating having completed various stages of the Court’s programme. The Court provides a restorative justice alternative to a custodial sentence for persons with drug addiction who have pleaded guilty before, or have been convicted by, the District Court for minor, non-violent, criminal charges connected to their addiction. The

Court heard how the graduates had used the supports and showed great strength throughout the process.

Well known homeless rights campaigner, Father Peter McVerry, visited the Court on a day when three individuals graduated from the programme. He joined Judges John Coughlan, Ann Ryan and Michael Coghlan in praising the graduates as they completed the Drug Treatment Court programme and saw their charges officially struck out. The Court was also visited by Catherine Byrne,

Minister of State for Communities and National Drugs Strategy in August. The Minister met with members of the Drug Court Team and Judge Gerard Haughton who discussed the programme before she sat in on the proceedings in the Court.

From September the Drug Treatment Court has moved from Chancery Street to Green Street Courthouse. Visit our website (www.courts.ie) for more details.

Pitch and Putt in mid-summerAn old tradition was revived in June when the Criminal Courts of Justice held a Pitch and Putt outing at the Carr Golf Centre at Spawell in Templeogue, Dublin. A band of sixteen ventured forth, some hardened golfers, some total beginners but all on for a light-hearted evening. Winners on the night included Mary Feerick for best beginner and John Callanan for best putter, with the overall prize going to ‘The Oddballs’ captained by Denise Grogan.

Retired Staff AssociationA new group to provide opportunities for retired staff to meet in a social context got off to a great start during the year. The group, the brainchild of Teresa Brophy and Frank Ward, held their inaugural event in the newly refurbished Kilmainham Courthouse in November and enjoyed a Christmas lunch in December. “We are delighted with the response to date”, Teresa told Courts Service News. “We are planning other events for 2017 and invite all retired staff to get in touch”. Send your contact details via email to [email protected] or phone John Whelan at 01 8886459.


OUTSIDE OF WORK – THE SOCIAL SCENE

(pictured from l to r) Mary Downes, Denise Grogan, Damien Downey and Margaret Crinion winners of the overall prize at the CCJ Pitch and Putt outing

Teresa Brophy addresses the inaugural meeting of the Retired Courts Service Staff Association in Phoenix House



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The Chief Justice has described the reputation of the Irish judiciary as excellent, and that it is regarded as top class in recent international studies. Speaking at the recent national conference of the judiciary, she used her opening remarks to outline the approach of the judiciary to reforming the areas of judicial appointments and the creation of a judicial council.

She said, “there is no doubt that Ireland has come through difficult times. There is similarly no doubt that Ireland survived the trauma of global recession and more localised self harm, through every sector of society pulling its weight. I cannot say enough about the energy and commitment of my colleagues on the Bench in reacting to the situation the State found itself in during the past few years. She told judges from every court jurisdiction that, “you have in work practice, continued to show an enormous willingness to change and to undertake more work with less resources. From my view as Chief Justice and as a judge with a quarter of a century of experience on the Bench, I see that the judges of Ireland are undertaking a key role as they maintain the Rule of Law, and the democratic nature of our State, in these difficult and troubled times. I am honoured to work with you through this time”.

Three reports were highlighted in the Chief Justices speech which point positively to the role of the Irish Judiciary:

GRECO, the Group of States Against Corruption, having evaluated Ireland’s judiciary, while making five recommendations, two relating directly to the issues of a Judicial Council and judicial appointments,

stated: - “Judges in Ireland have for a very long time been much respected for a high degree of independence and integrity and therefore a very high degree of trust from the public”.

The EU Justice Scoreboard 2016 shows that perception of judicial independence by the general public in Ireland is ranked 5th out of the 28 EU countries, after Denmark, Finland, Sweden and Austria.

In the World Economic Forum’s 2016 – 2017 ‘Report on Global Competitiveness’, Ireland was ranked 6th out of 138 countries examined, under the category “judicial independence”.

The Chief Justice said of these reports, “we see that the standing of the judiciary of Ireland is recognised internationally for what it is – excellent”.

The Chief Justice commented on the judicial appointments process saying that, “the judiciary have the led the movement for change in a number of important judicial areas, especially in the area of a Judicial Council and the appointment of judges. The judiciary have been requesting a change in the judicial appointments system for years”.

She pointed out that the General Assembly of the European Network of Councils for the Judiciary (ENCJ) was held in Dublin in May, 2012 and passed the Dublin Declaration to give official recognition to a report on the standards which need to be developed for recruitment, appointment and promotion of judges. The Declaration was supported publicly by herself and the judges of Ireland. It recommended that any system for the recruitment, selection and appointment of judges should be independent of political influence, fair in its selection procedure, open to all suitably qualified candidates and transparent in terms of public scrutiny.

Following the Declaration the judiciary drafted and submitted an extensive written submission to the Department of Justice in January, 2014 regarding judicial appointments. She concluded by saying that “put simply, in a very thoughtful submission, change was advocated by the judiciary. A merit based appointment system was sought. A proposal was made that a limited number of persons should be recommended to the Government for any appointment”.

NEWS...

Presenting information in a way that helps people understand it the first time they read or hear it is the aim of Plain English. The Reform and Delivery Office of the Department of Public Service and Reform and the National Adult Literacy Agency have recently produced a Plain English Style Guide to assist public servants.

The guide covers a variety of topics such as planning what you

are going to write, vocabulary and style, and writing for the web. There are tips on capitalisation, grammar and punctuation and advice on how to design a document. A series of checklists to help you review your documents, and a list of other resources, are also provided.

You can download the guide at: http://www.reformoffice.per.gov.ie/

PRAISE FOR IRELAND’S JUDGES

PLAIN ENGLISH STYLE GUIDE FOR THE PUBLIC SERVICE



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Proceedings were opened by Mr Justice Peter Kelly, President of the High Court, who warmly welcomed our international guests with a very interesting guide to places of historical interest and significance within walking distance of the venue, which of course included the Four Courts. The conference was excellently chaired by the General Solicitor for Minors & Wards of Court, Patricia Hickey, ably assisted by Aileen Curry, Senior Solicitor. Patricia was an excellent hostess and with a balance of professionalism coupled with her friendly trademark wit ensured the event was both informative and enjoyable.

A representative from each jurisdiction updated the delegates on matters of interest on legislative and case law since the conference was last hosted in Edinburgh two years ago. Lectures were also given on pertinent topics such as deprivation of liberty, empowerment, capacity and self-determination.

An evening dinner was held on Thursday evening in the George’s Hall in Dublin Castle, which was hosted by Mr Justice Raymond Groarke, President of the Circuit Court, who further welcomed our guests with an informative talk on the impending Assisted Decision Making Capacity Legislation.

The second day followed with further discussion and a workshop given by Jim Finn, Registrar of Wards of Court on Enduring Powers of Attorney and Noel A Doherty, Reform and Development, provided a comprehensive overview of the Assisted Decision Making Capacity Act 2015. Patricia Hickey also gave some insight into the reforms introduced to both the General Solicitors Office and the Wards of Court Office in recent years.

We also managed to find time for an open forum of discussion between all representatives which was useful and appropriate to

round up what was a very informative two days. Although the systems we operate within are all somewhat different, we all face similar issues and difficulties, and it was extremely beneficial to have such a forum in which to connect and network with colleagues from other jurisdictions, and to learn from other experiences. The conference was enhanced by the members of the judiciary who took time from their busy schedule to both speak and attend.

I believe I speak on behalf of all delegates in thanking Patricia Hickey, Noel A Doherty, James E Finn, Aileen Curry, David McLoughlin and the conference assistants Avril Brady (GSO) and Joanne McCarthy (High and Supreme Court Operations) for all their wonderful work in organising what was universally agreed as being a hugely successful event. It sets a high bar for the 2018 hosts, Northern Ireland!

NEWS...

Public Guardianship Conference Dublin Castle 2016The recent Public Guardian Conference in Dublin Castle brought over 80 delegates together from the jurisdictions of the Republic of Ireland, England & Wales, Scotland, Northern Ireland and Jersey. Marie-Claire Butler, solicitor in the Office of the General Solicitor for Minors and Wards of Court sent us this report on a very successful event held over two days in Dublin Castle:



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REPAIRING THE FOUR COURTS DOME

COURT BUILDINGS POPULAR WITH PUBLIC

Visitors to the Four Courts might remark that the iconic Dome looks perfect from the inside. However, following the partial collapse of one of the 24 pillars, the Office of Public Works identified structural issues requiring the replacement of ten of the pillars.

Over the last two years the OPW have been carrying out a series of surveys, and opening up work, to ascertain the extent of the damage. Trinity College and Bolton Street were both involved in this work. The OPW have appointed specialist structural engineers for this job along with specialised stone masons and conservationists. The stone masons are working on stone that has been brought in from the UK. This stone is being carved in County Carlow and will be brought on site in 2017, to replace pillar 9 in the dome. Part of the carving is being carried out in Carlow, and the remainder will be carried out once the stone is on site. The

removing and replacing of that pillar will determine the scope of what is involved for the remaining ones.

The current work continues the legacy of impressive work carried out on the dome over the years. It suffered extensive damage as a result of the fire that destroyed the Four Courts in 1922 when anti Treaty forces occupied the building. The restoration team led by T.J Byrne, Principal Architect at the OPW, constructed an elaborate system of scaffolding to inspect the extent of the damage to the Dome. The Dome was subsequently rebuilt with reinforced concrete which was achieved in just one operation involving twenty men working for thirty hours with just one short interval.

Quite an achievement in the 1920s.

CORK COURTHOUSE OPENS FOR HERITAGE DAY

Guided tours of the Circuit Court courthouse in Washington Street Cork were provided as part of Cork Heritage Open Day in August.

Organised by Cork City Council as part of Cork Heritage Week, the Open Day saw over 42 buildings open their doors to the public for a day. A series of guided walking

tours, heritage events, exhibitions, talks and children’s events took place as part of the free event. Cork Heritage Week is supported by the Heritage Council with media sponsorship from Cork’s 96FM and the Evening Echo.

The courthouse in Washington Street is considered one of the best examples of Neo-Classical Architecture in Ireland and is an imposing aspect of the Cork streetscape.

BIG TURNOUT FOR OPEN HOUSE

Over 500 hundred people enjoyed visits to Green Street Courthouse and the Criminal Courts of Justice as part of Open House in October. Organised by the Architects Institute of Ireland, this popular initiative sees buildings of particular architectural

value, both public and private, open their doors to the public over a weekend.

The courthouse offerings this year provided access to the 17th century Green Street building with its cells and famous courtroom and the chance to visit the 21st century iconic Criminal Courts of Justice with its state of the art facilities and beautiful views of the Phoenix Park.

AWARD FOR ATHLONE COURTHOUSE

The courthouse in Athlone received the ‘Best Public Building’ award as part of the recent Athlone Tidy Towns Awards. The awards celebrate and reward local communities, businesses and schools for their ongoing efforts to improve their local environment.

NEWS...



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APPOINTMENT OF NEW LEGAL AID BOARD The Tánaiste and Minister for Justice and Equality, Frances Fitzgerald TD, recently announced the appointment of a new Legal Aid Board. The Chairperson is Mr Philip O’Leary, solicitor, a partner with FitzGerald Solicitors, Cork. The other members are:

• Anne-Marie Blaney, Solicitor, Legal Aid Board staff representative

• Thomas Brennan, Chartered Accountant• Deirdre Burke, Solicitor • David Gilbride, Officer of the Minister for Justice and Equality • Nuala Jackson, Senior Counsel• Gordon Jeyes, former Chief Executive of Tusla, the Child and

Family Agency• Maurice Lawlor, Officer of the Minister for Social Protection • Freda McKittrick, Assistant Director, Barnardos, • Ellen O’Malley Dunlop, Former CEO, Dublin Rape Crisis

Centre; Adjunct Professor, UL School of Law• Michael O’Connell, Legal Aid Board staff representative• Evelyn O’Connor, Officer of the Minister for Public Expenditure

and Reform The Legal Aid Board is a statutory body charged with providing civil legal aid to persons of modest means and also with providing a family mediation service. The primary model used for delivering services is the law centre / family mediation office model using employed solicitors, mediators and support staff. The Board has approximately 50 offices located throughout the country and uses private solicitors on a case by case basis to deliver services.

The Board also currently administers three of the State’s ad hoc criminal legal aid schemes namely the Garda Station Legal Advice Scheme, the Legal Aid – Custody Issues Scheme and the Criminal Assets Bureau Legal Aid Scheme. Legislation is being drafted to transfer responsibility for the administration of these schemes and the statutory Criminal Legal Aid Scheme to the Legal Aid Board.

NEW LEGAL SERVICES REGULATORY AUTHORITY MEETS Among the reform measures set out in the Legal Services Regulation Act 2015 is the establishment of a new Legal Service Regulatory Authority with responsibility for oversight of both solicitors and barristers. The new Authority, which is to be chaired by Don Thornhill of the Higher Education Authority, held its first meeting in October. The other members are:

• Angela Black - the Citizens Information Board• Deirdre McHugh - the Competition and Consumer Protection

Commission• Gerry Whyte - the Irish Human Rights and Equality Commission• Stephen Fitzpatrick - the Institute of Legal Costs Accountants• Dermott Jewell - the Consumers Association of Ireland• David Barniville - the Bar Council• Joan Crawford - the Legal Aid Board• Eileen Barrington - the Honorable Society of King’s Inns• Geraldine Clarke and James MacGuill - the Law Society

Other reform measures set out in the Act to come under the stewardship of the new Authority include an independent complaints system dealing with legal professional misconduct; an enhanced legal costs regime including a new ‘Office of the Legal Costs Adjudicator’ to assume the role of the existing Office of the Taxing Master; and a framework for new legal business models to include ‘legal partnerships’ between barristers and solicitors or between barristers themselves.

A pathway is also provided under the 2015 Act for the introduction, on foot of formal research and public consultations, of “Multi-Disciplinary Practices” whereby services can be provided at more competitive cost by legal and non-legal service providers together.

NEWS...



Courts Service



RAISING AWARENESS ABOUT BENEFITS OF MEDIATION

Court Number 2 was the setting for the inaugural event in the Four Courts in October to coincide with Mediation Awareness Week. Entitled “Mediation and the Courts – Perspectives from the Bench”, Mr. Justice Peter Kelly, Judge Petria McDonnell and Judge Rosemary Horgan gave their perspectives on the issue of mediation and the courts, from their experiences before and since being appointed to the Bench. The event attracted wide interest

from people in the legal and mediator communities as well as a range of public and regulatory bodies.

Each of the speakers identified the benefits for disputants of resolving matters in mediation and the negative impact on relations between litigants when some cases are listed for hearing before courts. They shared a view that mediation was never a panacea. However, they also confirmed judicial support for efforts by litigants to seek to mediate in appropriate cases, especially in the area of family law where damage can be done to relationships by things said in the witness box that are neither forgiven nor forgotten. The negative impact on children of high conflict between parents was also noted. The speakers also confirmed that finding a skilled and trained mediator, that everyone is comfortable with, is key to a successful mediation. Trust in the bona fides of everyone involved in the mediation was also identified as essential.

Overall, the event confirmed that there is support for mediation among the judiciary as an effective way of resolving disputes. It clarified that expectations about the capacity of mediation to resolve disputes amongst the judiciary are realistic and confirmed that members of the judiciary can facilitate efforts by parties to resolve disputes by methods of Alternative Dispute Resolution.

At their recent Annual Conference Dublin Courts Service managers were brought up to date on a variety of change initiatives underway throughout the organisation.

These initiatives encompass areas including reform & development; change management; learning and development; and coaching. The plans for the family law court development at the Hammond Lane site in Dublin were outlined together with updates from the ICT and Human Resources Units. The importance of a framework for managing risk and the plans for increasing the range and quality of information available online concluded a very interesting event.

Chief Executive Officer, Brendan Ryan, complimented the event organiser, Richard Kelly of the Learning & Development Unit and the event host, Seán Quigley, Head of the Resource Management Directorate. He reminded the managers of their value as leaders within the organisation and of the invaluable role they play in ensuring the success of the various change and other initiatives.

NEWS...

(left to right) Judge Petria McDonnell, President of the High Court, Mr Justice Peter Kelly and President of the District Court, Judge Rosemary Horgan prior to “Mediation and the Courts- Perspectives from the Bench” event in the Four Courts

Speakers at the recent Managers Conference: (back row l to r) Richard Kelly, CEO Brendan Ryan, Simon Hall, Helen Priestley, Sean Quigley and Tom Ward, (front row l to r) Deirdre Doyle, Darach Green, Audrey Leonard and Noel Rubotham

DUBLIN MANAGERS HEAR OF CHANGE INITIATIVES



Courts Service



Information sessions continue in High Court Central OfficeFollowing on from the success of the initial Information Session in conjunction with the Education Centre at the Law Society, the Central Office has recently rolled out a further series aimed at PPC1 trainee solicitors. Three sessions have been planned to facilitate the increased interest.

“The sessions have been tailored towards PPC1 students with particular topics selected based on our own research in the office, collaboration with the Law Society and feedback we received in May of this year” Central Office manager Alice White told Courts Service News.

“We have prepared a number of handouts demonstrating common errors occurring in High Court documents filed in the office and provide a full run through of all the information available on the Courts Service website. The emphasis of these sessions has been to show our customers how they can access the information they require to help themselves. With the positive feedback and interest we have received on the sessions, we plan to make them a permanent feature going forward”.

GOING PAPERLESSThe High Court has seen a number of paperless applications and hearings conducted in recent years, including in the Commercial List and the Personal Insolvency List. A new category was added to the paperless case type in November - an application for leave to seek judicial review.

While this was the first application for leave made on electronic devices, it was also the first paperless application made to the High Court in the Irish language. The documentation was presented to Ms Justice Ní Raifeartaigh on a tablet.

The most common form of application made by this means is under the Personal Insolvency Act. Virtually all such applications have been dealt with by Ms Justice Baker in electronic format. This involves the judge dealing with applications in a paperless environment. The application and all supporting documentation are lodged to the Courts Service On Line (CSOL) computer system by the Insolvency Service of Ireland, allocated a date by the Central Office of the High Court and read in electronic format by the judge in advance.

The Irish language moot court, Bréagchúirt Uí Dhálaigh, took place in the Four Courts in November with first prize going to the team from University College, Cork. This long-standing event, organized annually by Gael Linn in memory of the late Cearbhall Ó Dálaigh, former President and Chief Justice of Ireland, gives third level law students an opportunity to display their advocacy skills in an

authentic courtroom setting before judges of the Courts. Teams from University College, Cork, Trinity College, Dublin, National University of Ireland, Galway, The Law Society of Ireland and Kings Inns competed in the heats with teams from UCC and Trinity College chosen to contest the final in the Four Courts. High Court Judge Colm Mac Eochaidh and Circuit Court Judge, Sinéad Ní Chúlacháin were assisted by Cormac Ó Dúlacháin, S.C. The delighted winners, Therese Ní Choileáin, Ruth Ní hÉanáin and Niamh Ní Choileáin of UCC, received a cheque for €600 along with the Gael Linn Perpetual Trophy, while the runners-up Feilim Mac Róibín and Ben Ó hÓgáin of Trinity College, received a cheque for €300.

Congratulating all the participants, Gael Linn CEO Antoine Ó Coileáin said ‘Gael Linn is pleased that Bréagchúirt Uí Dhálaigh is proving so popular with law students. As a result of the official status of Irish both at home and in the EU, career opportunities for lawyers with high competence in Irish have never been better. Testament to the status of Irish in the courts is the fact that senior judges are adjudicating at Bréagchúirt Uí Dhálaigh again this year’

NEWS...

Bréagchúirt Uí Dhálaigh Gael Linn 2016

(pictured l to r) Circuit Court Judge Sinéad Ní Chúlacháin, Gael Linn CEO Antoine Ó Coileáin, Niamh Ní Choileáin, Therese Ní Choileáin, Ruth Ní hÉanáin, and High Court Judge, Mr Justice Colm Mac Eochaidh

Alice White, Central Office Manager at the recent Information Session for trainee solicitors



Courts Service



The build-up to the Christmas holidays is hectic, with the rush to get work finished off, the parties and the last minute shopping. All these activities can you leave you feeling stressed and tired before the festivities have even properly begun. It is important to think about your wellbeing at this time of the year, to make sure you get the most out your time off at Christmas, and to have a good break, ready to start the new year feeling refreshed.

What do we mean when we talk about wellbeing? Wellbeing is subjective and it does mean different things to different people, but it’s about how we feel, how we think, our relationships, and how we find meaning and purpose in our lives.

It’s important to remind yourself that Christmas doesn’t have to be ‘perfect’ or ‘just like it was last year’. As families grow and children leave home, traditions and rituals can change. Accepting family and friends as they are, even if they don’t live up to all of your expectations, may help with managing any underlying tensions. A happy, relaxed Christmas will add to your wellbeing, and give you a positive start to the New Year.

LawCare, the charity that promotes and supports wellbeing in the legal community,

has some advice about how to get the most out of the holidays:

• Try to take some time off • Screen calls and switch off your mobile• Don’t take calls from the office• Try to resist the urge to check your email

or if you will feel more stressed if you don’t, only check email once a day

• If there are other colleagues keeping an eye on things while you’re off, make sure you have briefed them

• Enjoy spending time with family and friends, even if there are underlying tensions, try and put these aside over Christmas

• Relax and use the time off to catch up with old friends, get outside and have fun.

However, at LawCare, we know that for some, the holidays can be a difficult time. If the thought of Christmas is concerning you and you need to talk, call our free, independent and confidential Helpline. It is open throughout the holiday period, including Christmas Day.

Call 1 800 991 801 or go to www.lawcare.ie

NEWS...

LOOK AFTER YOURSELF OVER THE HOLIDAYS

New High Court Judge

Judge Leonie Reynolds has been appointed to the High Court. She was educated at UCD and the King’s Inns before being called to the bar in 1993. She practiced mainly on the midlands circuit and also spent time on the Valuation Tribunal before spending six years on the Circuit Court bench.

New staff member elected to Courts Service Board

Stephen Bracken has recently been elected as the staff representative on the Courts Service Board. Stephen, who works in the Criminal Courts of Justice in Dublin, replaces Elaine Jones.

“My election to the Courts Service Board shows that no matter what grade you are there are great opportunities to have your voice heard in the Courts Service and that everyone’s input has a value”, Stephen recently told Courts Service News.

“As the staff member elected to the Board I will do my best to make sure that issues affecting staff are heard. I intend to be a strong voice for staff and will keep their needs to the forefront at meetings and put forward ideas in their best interests”.

NEW APPOINTMENTS



Courts Service



After 40 years service, Val Cronin celebrated his retirement with many colleagues, family and friends at a function in Letterkenny on 7th October, 2016. Warm tributes were paid to him by CEO Brendan Ryan, Judge Paul Kelly, County Registrar Geraldine O’Connor, Garda Superintendent Michael Finan, Margaret Mulrine on behalf of the Donegal Bar Association, Senior Probation Officer, Helena Morrin and Anita Toland on behalf of Letterkenny Court Office. Judge Denis McLoughlin and retired judge John O’Donnell also attended the function.

In honour of Val’s Cork roots, Brendan Ryan started proceedings with a rousing rendition of “On the banks of my own lovely Lee”. Although everyone agreed he shouldn’t give up the day job, it set the tone for the evening and a great night was had by all.

Val started his career in the Meterological Office in Mullingar where he stayed for three and a half years. He commenced his career in the Courts in 1977 when he became the Court Clerk in Limerick, where he spent three and a half years. He would go on to work in Tullamore for four and a half years and Dublin for two and a half years before making his final move to Letterkenny in 1988.

Following his move to Letterkenny the first big project was the refurbishment of Letterkenny Courthouse which re-opened in 1992. He and his dedicated staff serviced court sittings in ten District Court Areas within District No. 1 sitting on the stage in local town halls, function rooms of local hotels and even in the local cinema before the outlying court venues were closed and the numbers of District Court Areas were reduced to four, sitting in dedicated courthouses.

In more recent years Val presided over the successful amalgamation of Letterkenny District and Circuit Court Offices. Having come full circle with the imminent move to new premises, Val decided it was time to bid a fond farewell to the Courts Service.

At his last sitting of Letterkenny District Court on Monday 10th October tributes were paid by District Court Judge Paul Kelly, Circuit Court Judge John D. O’Hagan, Anita Toland, District Court Clerk, Garda Inspector Michael Harrison and Kieran O’Gorman, Solicitor.

We all wish Val a long, happy and healthy retirement with his wife Rose and family.

Anita Toland

The President of the District Court Rosemary Horgan led the tributes to Judge John O’Neill who sat as a judge for the last time recently after 21 years on the bench. Describing him as a “most patient judge” she told a packed Court 8 in the Four Courts that Judge O’Neill had contributed enormously throughout the country. She praised him for being “calm, courteous and never pompous”.

Judge Gerard Haughton said he envied the qualities Judge O’Neill possessed and that he was immediately impressed with his manner, compassion and knowledge of the law when he first worked with him back in 1996. Judge Aeneas McCarthy told the court that with Judge O’Neill you were guaranteed a fair hearing. He praised him for never personalising anything or embarrassing anyone and described his courtroom in Limerick in the late 1990’s as an “oasis of calm in choppy waters”.

Tributes were also paid by Tony McGillicuddy BL on behalf of the Bar of Ireland, Michael Quinn, solicitor, on behalf of the Law Society, and Joseph Maguire, of the Chief State Solicitor’s Office.

Tom Ward, Courts Service, spoke on behalf of the Chief Justice Susan Denham, the Courts Service CEO Brendan Ryan, and Elisha D’Arcy, Judicial Support Unit. The Chief Justice sent her very best wishes to Judge O’Neill and thanked him for his commitment. Brendan Ryan sent his thanks to Judge O’Neill for his friendship. Elisha D’Arcy extended her thanks to Judge O’Neill for his service and always entertaining foreign dignitaries when asked.

Tributes were also paid by Superintendent Ann Markey, Bridewell Garda Station, Ursula Fernée, Probation Service and Rose O’Sullivan, Judge O’Neill’s registrar for the last four years, who said it was an honour to work with the judge every day.

Judge O’Neill told the court he was reassured by the familiar faces in the court and to be reminded of all the friends he made over the years. He said he would miss the cup of tea in the morning with Dolores Moore, secretary to the President of the District Court. He reserved special praise for President Horgan who he thanked for keeping the judiciary updated with monthly meetings and quarterly seminars. He said he had the height of respect for members of An Garda Síochána. He described Elisha D’Arcy as “indispensable” to the Courts Service and Rose O’Sullivan as “unflappable and a great help”.

He said he had “met wonderful colleagues who became wonderful friends” throughout his time on the Bench.

RETIREMENTSJUDGE JOHN O’NEILL RETIRESVAL CRONIN RETIRES



Courts Service



He came late to the legal profession, having worked as a teacher for over ten years, but Maurice Gaffney was still practising until shortly before

his recent death at the age of 100. His colleagues recall a ‘wonderful colleague and a marvelous gentleman’ whose career at the Bar spanned over 62 years.

Born in Co Meath in October 1916, where his father was a member of the Royal

Irish Constabulary (RIC), his family moved to Dublin where they lived in Aughrim Street, Stoneybatter, Gardiner Street and Finglas. He graduated from UCD with a BA in Economics in 1939 and joined the Jesuit order where he stayed for a number of years, before returning to UCD and attaining his HDip in 1943. He taught for five years while studying law at night and was called to the Outer Bar in 1954 and the Inner Bar in 1970.

He worked in criminal law, conveyance and property law, landlord and tenant law and employment law and served a term as chairman of the Employment Appeals Tribunal. Maurice was involved

in landmark cases such as DPP v O’Shea (which established the legal precedent that jury decisions could be over-turned on appeal) and acted for Des Hanafin when he challenged the result of the Divorce Referendum in the 1990s.

He enjoyed good health until shortly before his death and had even attended the Mass in Halston Street at the beginning of the Legal Year in October. He died after a short illness on 3rd November.

Maurice Gaffney is survived by his wife, Leonie, and children, John and Patricia.

It was with great shock and sadness that the news broke of the sudden death of Judge Michael Reilly on Saturday 26th November last.

Judge Reilly who held the post of Inspector of Prisons up to the time of his death was a highly respected member of the judiciary. A native of Clonmel, he was an esteemed member of the local community in Garrykennedy, Portroe, County Tipperary where he made his home on his permanent appointment to District Court District No. 8 (formerly No.14) in 1982.

Judge Reilly developed into an insightful, pragmatic and compassionate judge and was empathetic to young inexperienced legal practitioners who appeared before him.

Having presided over the District Court for many years, he became convinced that there had to be a better way of dealing with perpetrators of crime and after a fact finding mission to New Zealand in 1998, he instigated the Nenagh Community Reparation Scheme in 1999 whereby defendants must undertake a project to make amends to the community for their

wrongdoing, thus avoiding a criminal record and raising their awareness of the consequences of their actions on others. This scheme has proven to be very successful and has expanded to other Districts as the restorative justice programme.

Judge Reilly served on the Special Criminal Court from 1992. In addition, he served on numerous bodies, including the Expert Group on Probation and Welfare Service and the National Crime Council. He presided over the Ballycotton Inquiry in 1991, the Judicial Inquiry set up by the Government to investigate the deaths of fishery officers. In 2007, he conducted an Inquiry in the Republic of Seychelles on behalf of their Government arising out of injuries sustained by the leader of the opposition and others at the hands of the police outside Parliament.

He proved an uncompromising campaigner for greater rights for prisoners as Inspector of Prisons. His legacy should be honoured by continuing to implement the many recommendations he has made.

Judge Reilly had a personality which was driven to take on every task with total commitment and to strive for excellence, including in his sailing pursuits, as humorously recounted at his funeral service by his wife Eleanor. This personal trait

was combined with a gregarious nature. He loved to relax surrounded by family, friends or colleagues enjoying good food and good wine and regaling those in his company with memorable anecdotes.

His popularity was evidenced by the hundreds who paid respects on his removal on the Monday evening and by the hundreds who attended his funeral Mass at the Church of the Blessed Virgin Mary, Portroe on the following day. He was laid to rest in the adjoining cemetery in this tranquil and picturesque village beside the shores of Lough Derg and where he and his family spent many memorable days sailing its waters.

At Nenagh District Court, where Judge Reilly presided for a period exceeding twenty years, tributes were recently paid to him by the presiding judge, representatives of the solicitors profession and the Bar, representatives of An Garda Siochána, the Courts Service and by John Joe Buckley, his loyal and long serving retired District Court Clerk.

Judge Reilly is survived by his beloved wife and best friend, Eleanor, whose support and wise counsel he relied on and cherished and by his sons, Tom and Peter and by his daughters Jilly and Evie.

Judge Elizabeth McGrath

OBITUARIESDEATH OF JUDGE MICHAEL REILLY

DEATH OF MAURICE GAFFNEY



Courts Service



CROSSFIRE; THE BATTLE OF THE FOUR COURTS, 1916 BY PAUL O’BRIEN (NEW ISLAND)

Having commenced my career in the courts in the Four Courts more years ago than I wish to remember and having worked since then in the surrounding area, I was immediately drawn to this history of the Four Courts garrison during the 1916 rising. Under the leadership of Commandant Edward (Ned) Daly, the Four Courts and surrounding area was occupied on Monday 24th April 1916 and held until Saturday 29th April when Patrick Pearse’s order to surrender was received. With the Royal Barracks (now Collins Barracks) close by and the Mendicity Institute just across the river from Ellis Quay, Crossfire provides a fascinating account of the day to day progress of the Rising in that part of the city. The Mendicity Institute was occupied by rebels under the command of Sean Heuston and held out for three days against overwhelming odds estimated at 26 rebels against 300 – 400 British troops.

Paul O’Brien provides a very useful map of the area around the Four Courts with the various places involved numbered so that throughout the narrative, the reader can easily identify the places referred to therein.

While Crossfire deals primarily with the Four Courts garrison, the author also provides details of what was happening elsewhere in Dublin. In addition, he considers the civilian casualties resulting from the fighting in the Four Courts area which, needless to say, makes for grim reading.

All in all, this is a very useful and interesting addition to the 1916 canon.

EAST WEST STREET: ON THE ORIGINS OF GENOCIDE AND CRIMES AGAINST HUMANITY BY PHILIPPE SANDS (WEIDENFELD & NICHOLSON)

In this most interesting book, the author, a practising barrister and human rights lawyer deals with a number of themes. He explores his own family history, the historical background to the crime of genocide and crimes against humanity first enunciated in the Nuremberg Trials following the end of the Second World War and the character and legacy of Hans Frank, Hitler’s lawyer and Head of the General Government of occupied Poland.

The author conducts meticulous research into the life of his maternal grandfather Leon who lived in Paris but whose origins were in the Ukrainian city of Lviv (also known as Lwow and Lemberg). The author discovers a mystery regarding his mother, Leon’s daughter. He also discovers that Hersch Lauterpacht, professor of law at Cambridge University and the person who developed the concept of crimes against humanity – crimes by the State against individuals - grew up in Lviv and attended university there. Furthermore, he discovers that Raphael Lemkin, who developed the concept of genocide – crimes against a race or group on the basis of identity - attended the same university but at different times but both studying under the same professor. Lauterpacht did not agree with Lemkin’s concept of crimes against a group considering it very problematical.

All three, his grandfather Leon, Professor Lauterpacht and Raphael Lemkin, were Jewish and had lost relatives in the holocaust. This provides a link to Hans Frank who was responsible for implementing the policies of the extermination of Jews and others under the Nazi regime. Ultimately, Hans Frank was tried in Nuremberg and Philippe Sand considers the trial and how the concepts of crimes against humanity and genocide made their way into the indictments. The concept of crimes against humanity were easily understood but genocide was only included thanks to the herculean efforts of Lemkin himself.

I would thoroughly recommend this memoir as not only a personal history but as an exploration as to how two determined men with experience of the worst persecution sought and achieved justice for so many in Nuremberg and since.

BOOK REVIEWSwith Noel Doherty



Courts Service



First up is the much anticipated new Star Wars movie Rogue One. The first Star Wars movie (or fourth, if you go by the George Lucas timeline) premiered in Ireland 40 years ago. This film directed by Gareth Edwards and starring Felicity Jones, Mads Mikkelsen and Forest Whitaker is set just before the events take place in the original movie. It tells the tale of the small group of rebels that stole the plans to the original Death Star. As we all remember from the original movie, these plans eventually get into the hands of Princess Leia and friends to enable Luke Skywalker destroy the said battle station. Rogue One is termed a Star Wars back story. Everything you want in a Christmas movie is here: grizzled battle weary heroes, dark brooding villains, huge set pieces, explosions and action packed space battles.

Next up we have Passengers, directed by Morton Tyldum and starring Jennifer Lawrence and Chris Pratt. It’s another science fiction movie with a foot in the thriller genre. A spacecraft travelling to a distant colony planet on a 120 year trip. Its cargo, thousands of humans going to a new life, suddenly has a malfunction in one of its sleep chambers. As a result, two passengers (Pratt) and (Lawrence) are awakened 90 years early. As the two characters look

into the malfunction they get to know each other deeply and fall in love. But the ship is collapsing and the two soon learn why they were woken up. Great set pieces, action, romance and mystery. Other actors worth mentioning in minor roles are Micheal Sheen and Laurence Fishburne.

My last movie is The Office Christmas Party directed jointly by Josh Gordon and Will Speck and starring Kate McKinnon, Jennifer Anniston and Jason Bateman. The story centres around the CEO of a company (Aniston) as she tries to close her hard partying brother’s branch of the company, while he, played by T.J. Miller and his chief technical officer (Bateman) must rally their co workers and host an epic office Christmas party in an effort to impress a potential client and close a sale that will save theirs jobs. All hell ensues in the chaos and shenanigans that follow. Ever since the popularity of Bad Santa as an ‘alternative adult Christmas movie’ we have seen a pattern emerge at this time of the year of the raunchy black Christmas comedy movie. Last year we had ‘The Night Before’ with Joseph Gorden-Lewitt and Seth Rogan. This year we have Bad Santa 2 and The Office Christmas Party. A different direction to the usual feel good Christmas movie!

FILM REVIEWS

LET’S GO TO THE MOVIES

Give yourself a break from all the Christmas hustle and bustle by watching one of the big movies coming our way before the New

Year hits. Ronan Power has some suggestions:



Courts Service



Gerry Curran reviews this gripping courtroom drama based around the machinations of an infamous court case in the mid 1990’s where Holocaust denier David Irving sues for libel when challenged by an American academic in her books and lectures. It is set for release in the New Year

This movie is essential viewing for anybody who wishes to understand the anatomy of a court case. It is essentially about relationships: the relationship between a case and strategy, between strategy and emotions, between those emotions and the public perception of a case, and between the law and fact. It is in effect a movie based on the trust needed between a party to a case and their legal team even when the obvious way to fight is avoided. The lesson is that there is always a big ‘but’ at the end of any legal soap boxing or argument.

The story exploits this fractious set of relationships to tell a cracking tale of legal intrigue. An American professor is the defendant in a high-profile British libel trial that could well impact the way the history of the Holocaust is told. It was in real life one of the most significant international legal cases in recent decades.

Historian Deborah Lipstadt - played by Rachel Weisz - published a book ‘Denying the Holocaust: The Growing Assault on Truth and Memory’. British author and self taught historian David Irving - played deliciously devilish and weird by Timothy Spall - a prolific writer of texts on World War II, sued her for libel. He chose the UK, as she would have less defences than in the US. Under UK libel laws she is effectively presumed guilty unless she can prove herself innocent of defaming him. Lipstadt finds herself in the position of not only defending herself, but establishing beyond a doubt that the Holocaust took place. She refuses to settle the case and

demands her day in court. Things look stacked against her, and it seems confusing that the British legal team, led by solicitor Anthony Julius (played by Andrew Scott), who also represented Princess Diana in her divorce case, and her barrister Richard Rampton (played by Tom Wilkinson), present her with a confounding strategy: neither she nor any Holocaust survivors will be called to the stand.

Tenacity and relentlessness are the central drivers of this movie. At times it is hard to like her legal team who seem hell bent on shutting her down and shutting her up. The business of seeking truth and justice can be frustrating to watch, involving to observe, and uncomfortable to sit through.

The movie captures the unease of the courtroom with great precision. It is directed by Mick Jackson who previously brought us Temple Grandin and The Bodyguard. He has said that there was no need to fabricate dramatic moments, as all of the dialogue from the courtroom scenes was taken verbatim from the transcripts. As Jackson already had a string of highly regarded documentaries and dramas for the BBC and Britain’s Channel 4, it is no surprise that he brings the feeling for what’s real and shoots this movie in that style. There is much hand-held camera work which keeps things very fluid, but still concentrates the mind of the viewer on the smallest details, like who sits where in the courtroom or the colour of the barrister’s out of court tie.

Jackson has said of Denial, “we live in an age of unreason and lies, an age of violent outrages and all kinds of assaults on the truth. To win this case, which is about Holocaust denial, Deborah will have to deny herself the glory of standing up in court and speaking to this monster. That act of self-denial is her only hope of beating Irving’s charges.”

The outcome is revealed as the movie opens in Irish cinemas on January 27th.

FILM REVIEW

DENIAL - COURTROOM INTRIGUE - A LESSON FOR EVERY STUDENT OF LAW



Courts Service



BUTTERNUT SQUASH PIE

A simple replacement for pumpkin in your ‘end of year’ pie is butternut squash. It is also a better choice as it is simpler, tastier, cheaper and more available as an ingredient. A few roasted in the oven for savoury use and a few roasted for dessert use leaves a fantastic, comforting aroma in any kitchen – seeing off the winter cold and blues. We tested a few versions in Courts Service HQ, before we settled on this one – not too sweet and very ‘moreish’.

Ingredients1 (9 inch) unbaked shortcrust pie shell1½ cups peeled and cubed butternut squash – about 1 small squash1 pinch ground allspice1 pinch ground cloves1 pinch ground ginger1 pinch ground nutmeg1 pinch ground cinnamon2 rounded dessert spoons brown sugar – 1 if the evaporated milk is pre-sweetened3 dessert spoons corn flour2 large eggs1 can evaporated milk

MethodPreheat over to 175 degrees C – Gas 3½

Place peeled and loosely cut squash in a saucepan with enough water to cover. Bring to a boil then simmer over medium heat until tender - about 15 minutes. Alternatively, break uncooked, halved and de-seeded squash in the oven until very soft and scoop out flesh from peel. Allow to cool while preparing the pastry.

In a blender or food processor, combine the cooled butternut squash flesh, brown sugar, corn flour, eggs, milk, allspice, cloves, ginger and nutmeg and cinnamon. Process until smooth.

Pour into the unbaked pie shell.

Bake in preheated over for 50 minutes, or until a knife can be inserted and removed almost clean.

Leave to cool in tray as the filling sets a little when cold.

1. Which edition of a 1990’s Christmas classic movie did US President elect Donald Trump have a brief cameo in?

2. On Christmas Day 1776, George Washington and the Continental Army crossed which river to attack Hessian forces?

3. What is remarkable about a creature which is known as a Jesus Lizard or Jesus Bird?

4. What use might a zoo have for your old Christmas Tree (real ones only)?

5. On what did Marley’s ghostly face appear on to Scrooge in Dickens’ A Christmas Carol?

6. Which James Joyce short story was set at a snowy Christmastime?

7. Who has presented the RTÉ Late Late Toy Show on more occasions, Pat Kenny or Ryan Tubridy?

8. Where would you find the tallest statue of Jesus Christ in the world?

9. In what country is “Good Governance Day” celebrated on December 25th?

10.Which state was the last State in the US to declare Christmas a legal holiday in 1907?

FESTIVE FUN

CHRISTMAS QUIZIntroduction: Have some festive fun by giving our Christmas quiz a go. We’ll make it worth your while by giving a €50 One4All voucher to the winner. Send your entries to [email protected] by Friday 13th January 2017.



Courts Service



THROUGH THE LENS

Mr Justice Frank Clarke (far left)

and Chief Justice Susan Denham-

(fourth from right) with a judicial

delegation from Cyprus

Patricia Hickey, General Solicitor for

Minors and Wards of Court at the

annual Peru Crafts fair in Phoenix House,

Smithfield. The fair raised over €1500

(left to right) Tony Behan, Brendan Minnock, Charles Moran and Fionnula Kilcullen after the Annual Mass of Remembrance

(left to right) Maura Spring, Eoin Lynch, Teresa Brophy and Joe

Spring after the Annual Mass of Remembrance



Courts Service



(left to right) Paddy Maher, Matt Leech and Philip Gillick

after the Annual Mass of RemembranceBrendan Ryan winner of the Barnardos Raffle with Eamonn Mooney, HR. The raffle raised €172.30

Crew of RTÉ’s Striking Out during filming in the Four Courts. Striking Out stars Amy Huberman and will be on-air in January 2017

Commemorating 1916 New Courthouses Public Guardian ...WebFiles... · CONTENTS COURT SERVICE NEWS...

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