The President of the District Court, Judge Peter Smithwick, is likely to allocate a judge to hear drink-driving cases in Mullingar following the decision of Judge John Neilan to declare a moratorium on him hearing such cases for six months, writes Carol Coulter, Legal Affairs Correspondent.
Judge Neilan's announcement came yesterday, following comments last week from the Minister for Justice that jailing people while remanded for sentence was unconstitutional.
"The member of the executive in question had one simple objective in mind: to intimidate and humiliate this court," Judge Neilan said. "In view of the controversy that has arisen, of direct interference of a member of the executive in the judicial process, I am imposing a self-imposed moratorium on hearing drunk driving cases for six months to display my absolute belief that the administration of justice is above reproach."
He was doing so to "protect the integrity and independence of the judicial system". "Those ideals of fair play and fair procedure are sentiments very close to my heart," he added. "Those who entered this controversy, clearly without realising the full practice and procedure of this court, were unwise. I have decided that a moratorium should apply for six months so that justice is seen to be done in a fair and proper manner. I have never suggested I would obstruct anybody from their God-given right to a fair process, or to challenge decisions made by me."
A spokeswoman for the Minister said yesterday he had made it very, very clear that the judiciary was independent, and that it was a matter for the judge as to how he ran his court. But she added that the Minister had spoken to the Attorney General, who had confirmed his view of the judge's proposal.
Mr McDowell had said last week: "It's up to him [ Judge Neilan] to run his court whatever way he wants. At the end of the day the judiciary are independent. But it is not possible for a judge in the case of drunk driving to say that part of his procedure will be to remand persons whom he has convicted in custody for a week while considering sentence. The law does not permit that, the Constitution doesn't permit that.
"There is a constitutional entitlement to bail, the only circumstance in which somebody can be put in custody for a week is for good and legal reason and a general policy of the kind outlined by the judge is not a good legal reason."
Fine Gael's spokesman on justice, Mr Jim O'Keeffe, said "There is a well-accepted separation between the judiciary and the executive and it is extremely unwise for a Minister of Justice to comment publicly on statements made by judges in the course of hearing cases."
He criticised the failure of the Government to bring forward its Judicial Conduct and Ethics Bill which might have "provided a forum for dealing, perhaps informally, with the comments Judge Neilan made last week."