State to pay for rehearing of six cases in Supreme Court

The State is to pay the cost of rehearing at least six cases before the Supreme Court. All six had been heard by a court including the former judge, Mr Hugh O'Flaherty, but judgment had not been delivered.

The Chief Justice, Mr Justice Hamilton, said yesterday that four judges were in agreement on their decision in relation to three other cases heard by a court including the former judge. In another case, the two judges who heard the case with Mr O'Flaherty were in agreement on the outcome.

He told the parties in each of those cases it was their decision whether to accept those majority judgments or opt for a rehearing. In all four cases, at least one side said they required to take instructions and the matters were adjourned for mention.

Yesterday seven judges of the Supreme Court, presided over by the Chief Justice, dealt with the cases heard by a court including the former judge. Later, a five-judge court reheard an appeal by the Minister for Justice against a High Court decision which has effectively suspended the issuing of deportation orders.

In his High Court judgment on a challenge to a deportation order issued in respect of a Romanian football player, Mr Sorin Laurentiu (32), who has been living in Dublin since 1994, Mr Justice Geoghegan found that Section 5.1.e of the Aliens Act, 1935, from which the power to make deportation orders derived, was unconstitutional because of the failure to set out policy or principles on foot of which such orders are issued.

Earlier yesterday, dealing with cases heard by Mr O'Flaherty, the Chief Justice informed the parties whether their case would have to be reheard or whether a majority of judges were in agreement on the outcome of the particular case.

Among the cases to be reheard is an appeal by Mr Conor Brady, the Editor of The Irish Times, and a journalist Mr Paul O'Neill, against a £30,000 fine for contempt arising out of the 1993 publication of an article after conviction on drugs charges but before sentencing of Eamon Kelly.

An appeal by RTE and the Broadcasting Complaints Commission, supported by the Attorney General, against a High Court decision, in proceedings taken by a TCD lecturer, Mr Anthony Coughlan, that RTE's failure to allocate equal time for uncontested broadcasts to the Yes and No sides in the 1995 divorce referendum resulted in unconstitutional unfairness, will also be reheard.

After the cases were dealt with, Mr Eoghan Fitzsimons SC, for the Attorney General, said he had instructions to inform the court that the State would accept liability for the additional costs necessitated by the re-hearings. These costs would be met on a refresher basis only and the State would not pay brief fees.

The Chief Justice said he understood the State was prepared to pay the costs "necessitated by the situation that has arisen" but these would be limited to those necessarily incurred because of the re-hearings.

Meanwhile, a number of cases which had been heard by the former High Court judge, Mr Cyril Kelly, and in which judgments had not been given, may also have to be re-heard.

In the High Court yesterday lawyers for a Dublin barman who claimed he was sexually assaulted when he was a child in care at Madonna House, Blackrock, Co Dublin, indicated that the action, on which former Judge Kelly had reserved judgment, would have to be reheard.