An action against the Minister for Justice and a District Court judge, taken by a private detective who claims he uncovered evidence concerning Garda corruption in Co Donegal, was struck out at the High Court.
The President of the High Court, Mr Justice Morris, struck out the proceedings taken by Mr William Flynn, of Thistlewaite House, Enfield, Co Meath, against the Minister for Justice and Judge Michael Connellan. The State had applied to have the proceedings struck out as "frivolous, vexatious, disclosing no reasonable cause of action and an abuse of court process".
Mr Flynn, who represented himself in court, had applied to have the hearing of that application and his own motion for discovery of correspondence between himself and District Court clerks in Co Donegal adjourned pending the outcome of a Garda investigation into matters relating to the Garda investigation of the death of Mr Richie Barron in Co Donegal. He also told the court he was unwell.
Mr Justice Morris refused to adjourn the matter and granted the defendants application to strike out the action.
Mr Flynn had alleged that Judge Connellan had acted maliciously towards him in his conduct of legal proceedings at Letterkenny District Court in April 1998. Mr Flynn had received six summons relating to alleged hoax telephone calls.
On April 20th, 1998, he sought an adjournment of the matter on grounds of ill-health. Judge Connellan adjourned the matter to April 21st and further adjourned it on that same day, on consent of all sides, to May 29th.
It was claimed Judge Connellan had said he knew Mr Flynn well and that Mr Flynn's application for an adjournment was his usual modus operandi. Mr Flynn said these words were "inflammatory" and added: "This was a Rottweiler of a judge who couldn't wait to get me."
He said the judge had rejected Mr Flynn's own doctor's advice that Mr Flynn was unwell and had put the matter in for hearing on a peremptory basis. The District Court judge "wanted to settle a score with me".
He said he had uncovered corruption among gardai in Co Donegal and those gardai he had exposed had sought to discredit him. He alleged a garda had made representations to Judge Connellan to jail Mr Flynn.
He also claimed the judge, following his appointment to the bench, had continued to attend his legal practice and had acted for the former Taoiseach, Mr Albert Reynolds, in proceedings Mr Flynn had taken against Mr Reynolds.
Mr Patrick MacEntee SC, for the defendants, said the pleadings disclosed no cause of action against his clients. The Minister for Justice had no function in relation to the conduct of judges and the District Court judge's handling of the case was perfectly proper and appropriate. In another affidavit, Mr Val Cronin, District Court clerk at the District Court office, Letterkenny, described the allegations made by Mr Flynn as "outrageous".
After hearing affidavits and argument from both sides, Mr Justice Morris said the case amounted to a claim for damages for defamation. He found the claim against the Minister for Justice was misconceived as the Minister had no formal responsibility in relation to how District Court judges carried out their functions. Such a claim could not succeed.
In relation to the claim against Judge Connellan, Mr Justice Morris said he was satisfied no jury properly charged could possibly find the words used by the District Court judge were malicious or capable of being construed as such.
He was also satisfied the District Court judge was acting within jurisdiction and enjoyed privilege for the words he had spoken.
In his view the claim, insofar as it was based on defamation, must fail. In those circumstances he would grant an order striking out the action.