A publican and night-club owner in Cavan has brought a High Court challenge to the refusal of a District Court judge to disqualify himself from presiding over the trial of the publican on charges of dangerous driving and causing a breach of the peace.
Donal Keogan, owner of the Imperial Bar and night-club at Main Street, Cavan, claims to have a reasonable apprehension he will not receive a fair trial before District Judge Seán McBride. The judge, he says, has been highly critical in court previously of the night-club premises and by extension highly critical of Mr Keogan.
When Mr Keogan appeared as a witness before Judge McBride in other proceedings entirely unconnected with the present application, Judge McBride had referred to him as "a liar and a disgrace", it is claimed.
Judge McBride had, in November 2005, in other proceedings concerning a public order matter which did not concern Mr Keogan, made comments which were highly critical of the night-club's management and supervision and had advised a prosecuting Garda inspector he was entitled to object to the licensing of the premises at the annual licensing court, it was stated.
Mr Justice Michael Peart gave leave yesterday to Breffni Gordon, for Mr Keogan, to bring judicial review proceedings to seek an order preventing Judge McBride from acting as the trial judge in criminal proceedings against Mr Keogan, Swellan Park, Cavan, which have been fixed for trial on March 2nd.
The judge also granted an order restraining the DPP from taking any further steps in the prosecution of Mr Keogan pending the outcome of the judicial review challenge.
Mr Keogan is charged with drunkenness in a public place, breach of the peace and failing to comply with the directions of the Garda on August 4th, 2005. He is also charged with dangerous driving, assault of a garda and failure to provide two breath specimens at Swellan Lower, Co Cavan, on August 12th, 2005. He denies the offences.
Mr Keogan's statement grounding the judicial review application says that he has at all times tried to ensure compliance with the Liquor Licensing Acts and that he is a responsible licence-holder and night-club operator.
Noel O'Gorman, solicitor for Mr Keogan, said that on January 26th last, when the case against Mr Keogan was listed for mention before Judge McBride, he had sought to voice concerns about a proposed statement of evidence from a garda in which it was alleged Mr Keogan had said he did not care about the courts and would "sort out Judge McBride". Mr Keogan strenuously denied making any such statement.
Mr O'Gorman said that, when he sought to make preliminary points about this matter with Judge McBride, the judge had threatened Mr O'Gorman with contempt of court.
Mr O'Gorman said he was precluded from making submissions and the District Judge had failed to provide him with a fair hearing.