Submissions that at least some of the Murphy inquiry into Judge Donal O Buachalla should be held in public will be made when the inquiry opens next Wednesday. If Mr Justice Murphy rules in favour, it will be the first public inquiry into the conduct of a judge.
The inquiry was set up by the Minister for Justice, Mr O'Donoghue, to inquire into Judge O Buachalla's handling of the licensing of Jack White's Inn, and the transfer of the licence to Catherine Nevin after the murder of her husband, Tom.
Mr Justice Murphy was also asked to inquire into the judge's functions in a case involving complaints made against gardai by Catherine Nevin. Last week he issued a public notice announcing a public hearing of the inquiry, which would hear submissions from parties seeking legal representation, set the times and venue of hearings, make procedural rulings and hear other matters. The hearings are expected to take place over the last week of July and the first week of August.
It is understood that the court clerks involved in the licensing applications will seek legal representation, as will Judge O Buachalla. Various members of the Garda Siochana are also likely to seek representation.
Although it is not a tribunal, the inquiry has the full powers of the High Court and can demand documents, subpoena witnesses and question them under oath. Mr O'Donoghue gave the inquiry the status of a High Court inquiry because of the "complexities" involved. Senior legal sources believe these referred to the question of the relations between the judge and the gardai, as the issue of the licence could be examined fairly quickly by interviewing all the parties involved, including the court officials present during the applications.
One of the issues is whether Judge O Buachalla should have heard the application for a transfer of the licence given his acquaintance with Nevin. During her trial for murder, the judge denied any irregular relationship.