[ad_1]
Updated 1 hour ago
JUSTICE CHIEF FRANK Clarke has said he believes Supreme Court Justice Seamus Woulfe should resign from his post in the wake of the controversy over the Golfgate dinner.
The Attorney General has been asked to advise the Taoiseach and the Government on the opinion of the Chief Justice, following the publication of letters between the two justices tonight.
It is understood that the Cabinet will discuss the matter related to Woulfe’s attendance at the dinner, which broke Covid-19 regulations and led to the resignations of Agriculture Minister Dara Calleary and EU Commissioner Phil Hogan. morning.
In a letter published tonight, Clarke told Woulfe: “Unfortunately, however, I think I should make clear my personal opinion that, to avoid continued serious damage to the judiciary, you must resign.”
Woulfe, however, has indicated that he will not resign.
He has told Clarke that he “does not consider it appropriate in any way that [he] I should resign ”.
Woulfe has been told that he will not be on the court sitting list until February as he was only appointed during the summer, and Clarke has “strongly suggested” that arrangements be made to resign or refund his salary for that period.
A meeting was held between the couple last Thursday, but details about that event and its aftermath were not released until late tonight.
In a letter dated November 5, Chief Justice Clarke told Woulfe: “In my opinion, and in the unanimous opinion of all members of the Court (including ex officio members), the cumulative effect of all These matters have caused significant and irreparable damage to both the Court and the relationship within the Court, which is essential for the proper functioning of a collegiate tribunal.
It is not part of my role to ask you, much less tell you, to resign. The resignation is and can only be for the judge himself. Unfortunately, however, I think I must make clear my personal opinion that, to avoid continued serious harm to the judiciary, you must resign. I asked you to reflect on this. You have indicated that you have no intention of resigning.
Clarke said that it was not a crime to attend the controversial Oireachtas Golf Society dinner but that “a judge should not attend any event that is organized in contravention of the law or where there may be a reasonable public perception that it is.” .
The two judges were supposed to meet on four separate occasions in October, but the scheduled meeting was postponed and eventually canceled. Woulfe requested a postponement for “personal reasons” at first, and then for “medical reasons.”
That meeting was part of the “informal resolution” that was recommended in a report to address Woulfe’s attendance at the Golfgate dinner, which resulted in the resignation of Dara Calleary as Agriculture Minister and Phil Hogan as EU Trade Commissioner. .
Former Chief Justice Susan Denham’s review of Woulfe’s attendance at the dinner found it would be “unfair and disproportionate” for the judge to resign.
- You can read Clarke’s latest letter to Woulfe here.
However, further controversy ensued after transcripts of an interview with Woulfe with Denham were released in the course of the review, and media coverage of the scandal was described as “gruesome”, “exaggerated” and “false” , with claims that the social event was treated as the “Ku Klux Klan.”
Corresponding to Woulfe, Chief Justice Clarke said that the details of the transcripts of Woulfe’s meeting with Denham have “caused even greater damage to the judiciary than his attendance at the Clifden event.”
He said Woulfe’s account to Denham reduced the controversy to a media frenzy.
Clarke added: “In fact, your statement that you did not understand why you were apologizing at the time you issued your limited apology would now significantly devalue any additional apologies. There would be legitimate public skepticism about the authenticity of such an apology. “
Woulfe’s letter
In a letter to Clarke dated today, Woulfe acknowledged that the perception that he broke Covid-19 guidelines has inadvertently had a negative impact on the image of the judiciary and the Supreme Court, and he apologizes for this.
But he told the Chief Justice that he is determined to cooperate with the court to remedy the situation.
“I do not consider it appropriate in any way that I should resign,” Woulfe wrote.
He said he believed that an “informal resolution” of Clarke’s proposed matter meant the two would meet informally to discuss the issues of his attendance at the dinner, but said this meeting had never been held.
He wrote:
From any point of view, it is surprising that something as serious as a Chief Justice asking a Supreme Court member to resign (and apparently with the intention of doing so publicly) occurs without the Chief Justice having even argued. the matter in advance. with the judge in question or hearing what the judge might have to say about a point of great concern to your livelihood, reputation, and mental health …
Woulfe also said in his letter that while he accepted that it was not appropriate for him to attend the dinner, he argued that Clarke was wrong in stating that the dinner did not comply with Covid-19 regulations in effect at the time.
“I don’t think it’s fair to criticize me saying that I did not follow such guidelines in circumstances where I was simply not aware,” he said.
“It was simply a matter of fact. I attended a dinner in a room with 45 people, not 80 people ”.
Woulfe further noted that the Supreme Court had accepted Susan Denham’s report on her attendance at the event and said it did not believe it was fair to characterize her defense or use of an engineer’s report as a “concentration on technical and limited issues.”
However, he accepted that he did not appreciate the public’s genuine concern for the dinner and instead attributed it to “a media frenzy.”
No news is bad news
Support the magazine
your contributions help us continue to deliver the stories that are important to you
Support us now
“If that is the impression I have made, I am sorry and it is certainly not the impression I was intended to create,” he wrote.
“My point was that the totally understandable public concern, and indeed outrage, was based on the assumption that I had attended a dinner in a room with 80 people and that I did so knowing that I was, or should have been, in failure to comply with relevant Covid standards and guidelines. “
Woulfe later denied public criticism of the government in his interview with Denham, saying his only comments were that Agriculture Minister Dara Calleary was not asked to give an account of his movements to the Taoiseach.
He also said he was “under the most intense pressure, personally, physically and emotionally” and said the comments he made were in private at a time when he was “fighting for [his] professional life and reputation ”.
He also denied having implied that his colleagues on the Supreme Court had “prejudged” his fate.
“I am sorry if any of my colleagues were offended by the apprehension of prejudice that I expressed to Judge Denham, or by the fact that I found my meeting with them disturbing and traumatic and said so,” he wrote. .
“The fact of the matter, however, is that I found the content and tone of the meeting both annoying and traumatic.”
Woulfe had previously volunteered to offer a month’s salary to a charity and responded to a suggestion by Clarke to resign or refund his salary during the three months that he would not be listed to hear cases where he would accept this. if it solved the problem. .
Clarke’s letter today
In his final letter to Woulfe today, Chief Justice Clarke said he would release the details of this correspondence as he considered this action to be “necessary in the public interest.”
Clarke said that while Woulfe had expressed regret and offered an apology, this was something “undermined by [his] apparent insistence that nothing [he has] fact deserves a reprimand, criticism or apology and in fact [his] continuous desire to put the responsibility elsewhere ”.
The Chief Justice continued: “I am very sorry that we have reached this situation. However, I feel I have no alternative but to express my opinion in circumstances where, while I suggest that you apologize and make amends, you maintain that you did little wrong.
I do not think it is enough to restore public confidence … Finally, I must say that, regrettably, I remain of the opinion, expressed in our meeting and in the draft letter, that you should resign.
I note that you have reaffirmed the opinion expressed at our meeting that you will not resign. I appreciate that this has been a most stressful time and I am glad that you recognize that the opinions I have come to are not due to ill will, but to my genuine assessment of the situation.
With information from Gráinne Ní Aodha.
[ad_2]