The High Court action by Sinn Fein to prevent its suspension from the Northern Ireland talks ended abruptly yesterday shortly after the decision by the two governments to exclude the party.
Just before 4 p.m., Mr Adrian Hardiman SC, for Sinn Fein, told the President of the High Court, Mr Justice Morris, that he had received a copy of the statement made by the governments.
He said the case was overtaken by events outside the court about which it would be inappropriate for him to comment. The action would not proceed and no order was required.
Counsel for the three independent chairmen of the negotiations, Mr Frank Clarke SC, said he had express instructions to seek no order in the circumstances. Mr Garret Cooney SC, for the State, said he had attended only as an intervener.
Mr Hardiman told the judge his side was most grateful for his patience and courtesy. Mr Justice Morris said: "I was once told never to fail to avail of an opportunity to keep your mouth shut."
The end of the case came on its third day. The hearing had resumed at 11 a.m. yesterday but was adjourned at around 12.20 p.m. when Mr Hardiman informed the court he had just learned that Sinn Fein had been asked by the Northern Ireland Secretary to attend a meeting at Stormont. The court reconvened just before 4.00 p.m. when Mr Hardiman indicated his side was not proceeding.
The 17 Sinn Fein delegates to the talks had taken the proceedings against the three independent chairmen of the Northern talks - Senator George Mitchell, Gen John de Chastelain and Dr Harri Holkeri - and the Northern Ireland Secretary of State, Dr Mo Mowlam.
They had sought orders, by way of judicial review, restraining their exclusion from the Northern talks or, if necessary, quashing any decision to exclude them.
The hearing opened on Wednesday. Mr Denis McDonald, counsel for Dr Mowlam, had told the court at the outset he was present out of courtesy only and his client was pleading sovereign immunity and wished to take no part in the proceedings. Mr McDonald was permitted to leave the hearing on Thursday.
Counsel for the Attorney General, Mr Garret Cooney SC, had said he was present as guardian of the public interest and made submissions that the issue before the court was "purely political" and non-justiciable (incapable of being adjudicated upon by the courts).
Mr Frank Clarke SC, for the three talks chairmen, had supported the submissions on non-justiciability and submitted his clients were not amenable to the court.
At the outset of yesterday's hearing, Mr Clarke said he had just received an affidavit sworn by Mr Mitchel McLaughlin, one of the Sinn Fein delegates.
The document was very brief and he had no objection to it being handed in. It related mainly to the arguments on justiciability.
Mr Clarke read out the affidavit. In the document, Mr McLaughlin said he was one of the nominated representatives to the Northern negotiations.
Mr McLaughlin said the independent chairmen to the talks were not appointed under the rules by the governments. He said that, under the rules, the conduct and outcome of the negotiations were exclusively a matter for those involved in the negotiations.
Mr Clarke said he wanted to deal with the points made. He said Mr McLaughlin's affidavit seemed to intend to establish that the conduct of the talks and the position of the chairmen were not a function of the two governments but were a matter for all the participants.
Counsel said the talks participants included the governments. He said the only matter that gave "even a colour of justiciability" to the present issue, and he was not departing from his claim that the matter was non-justiciable, was the involvement of the two governments and, perhaps, the existence of legislation in Northern Ireland regarding the negotiations.
Mr Clarke said it did not matter that the proceedings and the powers of the chairmen were at least in part determined by the participants. That did not alter the availability of sovereign immunity.
Mr Hardiman ein,then made submissions on the issues of justiciability, jurisdiction of the court, and sovereign immunity.
He rejected the claim that the courts could not intervene in decisions of the Executive relating to the conduct of foreign affairs.
The courts could, and had, intervened in executive decisions, he said. He submitted that the courts might intervene in decisions of the Executive related to foreign affairs if those decisions breached or threatened an individual's constitutional rights.
Mr Justice Morris asked Mr Hardiman to deal with the issue of policing any order which might be made by the court. The judge pointed out that the talks had moved to Belfast and asked, if the two governments expelled Sinn Fein, what could he do about it?
Mr Hardiman had submitted that the court should first deal with the issue of jurisdiction. But, he said, it had been indicated by Senator George Mitchell to Sinn Fein that, if a court "compels action", then "I for one will comply". Mr Clarke, for the chairmen, had said he had no instructions from Senator Mitchell regarding that matter. At that point, about 12.20 p.m., Mr Hardiman said he had just been informed that Dr Mowlam had asked Sinn Fein to a meeting at Stormont at 2.30 p.m. "It may be that something may occur which may require consideration," he said.
Mr Justice Morris adjourned the case until after the Stormont meeting, when he was informed the matter was moot and would not proceed.