THE HIGH Court has allowed a Co Cork man to bring proceedings aimed at preventing a District Court judge from hearing a prosecution for alleged assault on the grounds the judge may have witnessed the incident.
Paul Healy, who denies the charges against him, claims that Judge Michael Patwell should disqualify himself from hearing a case where it is alleged Mr Healy assaulted a witness in a dangerous driving case involving his son during a sitting of Kanturk District Court.
While the judge says he did not witness the events Mr Healy, The Funchion, Rivervalley, Mallow, fears he cannot get a fair trial because he claims Judge Patwell has prejudged and predetermined that he (Mr Healy) “was guilty of something”. Mr Healy wants another judge to hear the matter.
Yesterday at the High Court Mr Justice John Edwards granted Mr Healy leave on an ex-parte(one side only) basis to bring judicial review proceedings against Judge Patwell and the Director of Public Prosecutions aimed at stopping Judge Patwell from hearing the case, fixed for June 2nd next.
Mr Justice Edwards, who put a stay on the prosecution against Mr Healy, made the matter returnable before the High Court early next month. It is claimed the judge’s decision to hear the case is a breach of natural justice and of Mr Healy’s constitutional rights.
Colman FitzGerald SC, for Mr Healy, said on April 7th last Mr Healy, while sitting beside prosecution witness Terri Blanche, attempted to leave the public gallery of Kanturk courthouse after his son Alan was convicted of dangerous driving by Judge Patwell.
Counsel said Mr Healy asked Ms Blanche to let him out. Counsel said she slipped as she stood up. His client went to prevent her from falling. Counsel added that the judge then asked Mr Healy to identify himself, and Ms Blanche then told the court that Mr Healy had pushed her. The judge then directed that Mr Healy be arrested.
The judge then told a Garda superintendent in court to either deal with Mr Healy or that he would deal with him under contempt of court procedures. Mr Healy was arrested outside the court.
Counsel said Mr Healy was charged with assaulting Ms Blanche and a breach of the peace. When the matter came before the court on April 16th Judge Patwell refused an application by Mr Healy’s solicitor to disqualify himself from hearing the case.
Judge Patwell said he had not seen any incident in the courtroom, remained impartial and was “not going to the expense of bringing a judge from Dublin to deal with the matter”. Counsel added that a previous application for judicial review was refused by the High Court. However new facts had come to light since that application was made.
Counsel said that in her witness statement, which was not available to the defence when the first application for judicial review was made, Ms Blanche says she was assaulted by Mr Healy, who she alleges told her “to go f*** herself”, and this was seen by Judge Patwell.