Kelly not a `professional Fianna Fail camp-follower'

Mr Justice Cyril Kelly was appointed a Circuit Court judge by the then Taoiseach, Mr Albert Reynolds, in 1992

Mr Justice Cyril Kelly was appointed a Circuit Court judge by the then Taoiseach, Mr Albert Reynolds, in 1992. However, according to one legal source, there was some surprise at his appointment as he is "not a professional Fianna Fail camp-follower. He was not one of the fashionable barristers."

Indeed, the Department of Justice was lobbied at the time with suggestions from some of Judge Kelly's colleagues in the Law Library that there might be others more deserving of elevation.

"He was not a member of the club," according to a source close to the Government of the day.

His appointment was unusual, but not unprecedented, in that he was not a senior counsel before his appointment as a Circuit Court judge. He quickly established himself as capable and efficient, a judge who prepared himself thoroughly for cases, reading the files beforehand.

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As a Circuit Court judge, he dealt primarily with criminal cases, where, according to another barrister, he "did a first-class job. Everyone acknowledges that."

This beat, Court 14 in the Dublin Circuit Court, is known as "a hard station". "You do 20 cases a day and if you get one wrong, you'll have headlines," said this barrister. The workload is enormous in this court.

Among the cases he heard was that of paedophile priest Brendan Smyth, where he was praised for the time and attention he gave to the case, and the care and courtesy with which he dealt with the witnesses.

He also heard the recent case in which children gave evidence through a video link against their father in a murder trial, where his conduct of the case was widely praised.

He was appointed to the High Court last November, and was seen as performing well here. "He was courteous, bright, he knows the law. A delight to appear in front of," said one senior counsel who appeared before him. "It's a pity a lot more can't be as good as him."

Not universally popular, it is suggested by some he is arrogant - but arrogance is not an uncommon commodity in the Law Library. Other criticisms are more intangible, but may be related to a certain sense that he is an outsider.

Mr Justice Kelly is from Armagh, and he attended Clongowes Wood College before studying at University College Dublin. He worked on the Donegal circuit for years before continuing his practice in Dublin.

He is married to a solicitor, Ms Patricia McNamara, who represented a son of Mr Reynolds in a case involving a creche in Dublin. They have three children.

Given the professional respect in which he is held, lawyers in intimate daily contact with judges find this episode incomprehensible. "It's very odd," said one. "It doesn't make any sense. It is also odd to assume it wouldn't be spotted."

"We just don't see where the body is," said another.