Two Co Wicklow gardai who had claimed they were treated unfairly by District Court Judge Donnchadh O Buachalla in his court have withdrawn their complaints.
The surprise move came at yesterday's resumed sitting of the inquiry into Judge O Buachalla's handling of the transfer of a pub licence into the sole name of Catherine Nevin, having regard to his acquaintance with her.
Nevin is serving a life sentence for the murder of her husband, Tom Nevin, in March 1996, at Jack White's Inn, which they had jointly owned.
The inquiry has also been examining Judge O Buachalla's behaviour in cases involving Garda Michael Murphy and Garda Vincent Whelan, against whom unsubstantiated complaints of corruption and sexual assault had been made by Nevin.
The men had complained that Judge O Buachalla had shown a bias against them when they appeared as prosecuting gardai on dates in 1995 and 1996.
It had been expected that the inquiry would hear evidence on the men's complaints against Judge O Buachalla yesterday, when it resumed after a recess.
However, shortly after the proceedings opened counsel for the two gardai said they were formally withdrawing their complaints and were satisfied that no stain or blemish should attach to Judge O Buachalla.
Mr Eoin McGonigal SC said his clients had received statements and District Court records last week from the inquiry legal team. "As a result of that research, my clients had the opportunity for the first time of fully considering all the matters which had been the subject of their complaints made in 1995 and 1996," he said.
"This was the first time that they had all the material to make an informed view of the substance of the complaints," he said.
His clients were satisfied there was no basis for making complaints against Judge O Buachalla.
"They are formally withdrawing their complaints. They are satisfied that everything that District Judge O Buachalla did on those occasions was done within jurisdiction, and as far as they are concerned no stain or blemish should attach to Judge O Buachalla for anything that he did on those days."
Counsel for Judge O Buachalla, Mr John Rogers SC, said his client was at all times confident that he had carried out his judicial role and functions properly.
He told Mr Justice Murphy, who is presiding over the inquiry, that he may be confronted with the situation where "in effect this inquiry is over", as the brunt of the inquiry's terms of reference related to the complaints by the two gardai.
Mr Justice Murphy replied that he could not accept that the inquiry was over. He would like to see where its bounds could go, and invited legal teams to make further written submissions.
A further sitting will be held at 2 p.m. on Monday, October 23rd.
Earlier counsel for the inquiry, Mr Sean Ryan SC, outlined the background to the complaints by the two gardai.
He said Catherine Nevin had made allegations of corruption, perjury and sexual assault against Garda Murphy and of corruption against Garda Whelan in 1992 and 1993.
The men were suspended from duty, and a lengthy Garda investigation was carried out. The Director of Public Prosecutions decided that no proceedings should be taken against them, nor were internal disciplinary proceedings initiated. The men were returned to duties in mid-1994.
Mr Ryan said the implication in the men's complaints was that Judge O Buachalla treated them with hostility because he knew that Nevin had made complaints against them.
He said they had complained that Judge O Buachalla on occasions had almost invariably struck out, or applied the Probation Act in, cases they had prosecuted.
Mr Ryan said evidence would be available to the inquiry from three senior officers, Insp T.J. Saunderson, Supt Jeremiah P. Flynn and Chief Supt M.R. Murphy, who had considered the men's complaints.
He said Insp Saunderson had not agreed that the District judge had exhibited any impropriety in dealing with the cases, and this view was shared by Supt Flynn. Mr Ryan said Chief Supt Murphy was "strongly of the view that there was no foundation to the complaints made by Gardai Murphy and Whelan" and concluded that Judge O Buachalla had acted at all times correctly and in accordance with the law.