I wish to take this opportunity to make a public statement in relation to the matters that have recently been the subject of an adhoc report by the Chief Justice of the Supreme Court to the Government.
I have not made any public statement on any prior occasion and the decision to do so now is mine alone.
This controversy, as I understand it, arose out of a suggestion that when a Judge of the Circuit Court I was inappropriately influenced or had an improper motive in making a decision in a criminal case.
I wish to make clear that the decision I made in that case was one that I considered just. I alone had judicial responsibility and I made my decision without any inappropriate influence or improper motive.
The judiciary is not an isolated and unaccountable institution. It is but one branch of Government under the Constitution. The judiciary does have a distinct and separate function but it must also work in harmony with the other branches of Government.
The Executive has, at this time, assumed responsibility for bringing my situation to a speedy conclusion. The Executive informed me that they wish to have my resignation from office at the earliest opportunity. This request is something that would bear heavily on any person, but more especially on a judge. I have, in consequence, written to the President of Ireland tendering to her my resignation as a Judge of the High Court.
I bear no ill will to any person connected with this matter. I have sought at all times to behave as a judge should in these circumstances.
My resignation is a devastating personal tragedy for me and for my family. Many people at the time they retire take that opportunity to voice their hopes and options for the future. From where I am sitting my future is indeed bleak.
My prayers at this time are especially with all those persons who are directly connected with the particular case. In the clamour and noise of this controversy sight should not be lost of their continuing suffering. The stuff of the Courts is frequently the acknowledgement and management of human tragedy. It is neither a game nor a business. It is always about real people and genuine suffering.
I wish to take this opportunity to publicly acknowledge my gratitude to a number of people who have assisted me in my time as a judge:
Firstly, the civil service staff of the Circuit Court and the Central Office of the High Court who have delivered a standard of public service to the Courts that would be hard to equal;
secondly, the Probation and Welfare Service of the Department of Justice whose confidential work has done so much to productively rehabilitate offenders;
thirdly, An Garda Siochana. The public is, in my view, unaware of the extent and importance of the continuous achievements of the Gardai in the area of criminal justice. In my time as a judge I was impressed by the courage and compassion of the Gardai who appeared before me.
I have been fortunate in life to serve as a judge for a relatively brief period of time. It was a happy time but that time is now gone. I believe that as a judge I worked as hard as I could, and made the decisions I considered just. If the fact of my departure promotes confidence in the administration of justice I am glad for that. I wish the courts well.
My sole concern now is to the future of my wife and children who are more to me than the whole world. My earnest wish is that this public humiliation can now be relegated to our private family grief. Thank you.
Mr Justice Cyril C Kelly
The High Court, 20th April 1999