A Circuit Court judge told the High Court yesterday he believed a District Court judge was "grievously wronged" in the way matters relating to him were presented in an article in the Sunday Independent nearly four years ago.
Judge Patrick McCartan was giving evidence on the second day of an action by Judge Joseph Mangan arising from a front-page article by Gene Kerrigan on March 22nd, 1998.
Evidence for Judge Mangan's side concluded yesterday, and the case for the defence will open today with Mr Kerrigan in the witness box.
The article was published after Judge Mangan's mobile phone went off while he was sitting in Tallow District Court, Co Waterford, and he left the bench with the court clerk for a short time.
Judge Mangan has said he left his mobile phone switched on as he was expecting a call from Clonmel District Court office. The call was in relation to an urgent application by the South Eastern Health Board.
The article referred to three District Court judges and said: "The 'genitalia' judge (Paul McDonnell) and the two mobile phone freaks (Terry Finn and Joe Mangan) may well have brought the courts into disrepute, but it is not entirely their fault."
It also stated: "As for Judge Finn throwing a journalist into a cell because the poor hack's mobile phone rang, and Judge Mangan, on the same day in a different court, leaving his mobile phone switched on so he could take a call in mid-case; it's obvious that a little consistency is called for."
Judge Mangan claims the words meant he had brought the courts into disrepute and was not a fit person to hold judicial office. The defence denies the words bore the meanings claimed and pleads they were fair comment on a matter of public interest.
In his evidence yesterday, Judge McCartan said he was astonished when he read the article in respect of Judge Mangan and said "What an idiot!".
Mobile phones in court were a problem, and this was an article stating that a judge used one on the bench, Judge McCartan said.
That was a very serious accusation against a judge.
Months later he met Judge Mangan at a conference and learned he was using a mobile phone so he could be contacted in matters of urgency.
Judge McCartan said he had apologised to Judge Mangan and told him he had had a different view until then.
He believed Judge Mangan was grievously wronged in the way matters were presented in the article. Earlier, under cross-examination, Judge Mangan agreed with Mr Kevin Feeney SC, for the defence, that in Wexford District Court about a year ago he had put in the jury box a person whose mobile phone had gone off in court. He did that because he wanted to keep control of his court,on what had been a very difficult day. He accepted he had not asked that person why his phone had gone off. Asked if the call could have been an important message, Judge Mangan said he did not ask that of the person.
He presumed the person would have told him if it was. The hearing, before Miss Justice Carroll and a jury, continues today.