The three main factors which delayed Mr Justice Cyril Kelly's announcement of his resignation were his pension package, the fate of two reserved judgments in his court, and the precise basis of the Government's action to impeach him. Primarily, however, the issue was about money since his legal career lies in ruins and his readmission to the Bar, to practise as a barrister, seems out of the question just now.
"From where I am sitting, my future is indeed bleak," he said in the statement he read outside his home in Sandymount, Dublin, yesterday. Few of his colleagues in the judicial system would quibble with that assertion.
Under the rules of the Bar, a former judge may only appear in a superior court to the one in which he has sat. There is very little work for a junior counsel exclusively in the Supreme Court. A spokeswoman for the Bar Council said last night: "Officially or unofficially, no approach was made from Mr Justice Kelly or his legal representatives about his possibly re-entry to the Bar."
On Monday Mr Justice Kelly wrote to the Government asking what, in the report of the Chief Justice, was leading to impeachment proceedings. The request came as a surprise, given the clearly damning nature of the findings.
Mr Justice Kelly also pointed out that there were two important cases outstanding in his jurisdiction, including the Madonna House case testing the statute of limitation in sex abuse cases.
Government sources insisted that immunity was not discussed between the judge's adviser, Mr Eoin McGonigal SC, and the Government's barrister, Mr Frank Clarke SC. The Minister for Justice, Mr O'Donoghue, confirmed yesterday the matter would not be referred to the Garda.
His financial standing was obviously of major concern to the resigning judge, who is aged 50 and the father of three young children. He will receive an annual pension of £30,000.
The Government considered paying severance sums to Mr Justice Kelly, Mr Justice O'Flaherty and Mr Michael Quinlan. Ministers judged that none of the three was motivated by any prospect of personal gain or reward. It was decided that no gratuities should be paid, but that the three men could start drawing their pensions now.
Last night the Bar Council said in a statement: "We deeply regret the circumstances that have led to the resignation of Mr Justice Cyril Kelly. He served as a judge of both the Circuit and High Courts and we recognise the contribution that he has made during this time.
"His dedication and hard work are widely acknowledged by all his colleagues. In dealing with a substantial caseload, he was both efficient and diligent.
"By his actions, Mr Justice Cyril Kelly has taken a very difficult decision with personal consequences for both himself and his family.
"We are all extremely concerned by recent events. A determination must be made by all involved to reinforce and promote public faith in the judicial process. We will facilitate and assist any attempts to do this."