18 July-August 2023 July-August 2023 19
The Superintendent said: “I am of the view it
contains no new information upon which a
decision to pursue a criminal investigation
could be taken”.
I
n October 2021, Village detailed four
incidents where Tralee Judge James
O’Connor was alleged to have had
improper contact with women who
appeared in the family court over which
he presided. Other media have reported
another five allegations, making nine.
It is understood that several women have
now complained to the Garda. In July 2021
Village reported that one of the woman had
appeared in family proceedings in O’Connor’s
Court, that after three appearances she had got
an interim barring order against her husband,
that the judge had said in open court that he
needed her mobile number so, at her solicitor’s
urging, she gave it to him, and that he
subsequently texted her to say she had looked
beautiful in his court.
She met him on a number of occasions.
She said she was afraid to say no since he
had not resolved the case and she would need
to go back into court.
She went to the Garda in Tralee but in May
2018 a Detective Sergeant told her there was
nothing to investigate and that it was “a normal
situation, boy meets girl”. Charges were not
preferred.
In September 2021, Paul Murphy TD asked a
question of Micheál Martin, then Taoiseach,
who appeared scandalised and agreed to look
into the scandal. But in the end nothing at all
came of this.
Meanwhile the woman went back to the
Garda asking for the case to be pursued for the
Common Law oence of Misconduct in Public
Oce’. That does seem to be what the judge’s
scandalous actions most obviously appears to
be.
The problem is that there is some doubt as
to the recognition of that crime in Ireland. It has
never been prosecuted here. Helpfully,
however, In 2020 the Irish Times reported that
Drew Harris, the Garda Commissioner, had
announced that the Garda would investigate
allegations relating to the 1979 Whiddy
disaster, for the crime of misconduct in public
oce.
The woman wrote to the Garda Commissioner,
Drew Harris, last year and was advised: “If you
have any additional information relating to this
matter, which you have not previously brough
to the attention of Gardaí, you may report it to
your local station, or any Garda station
nationally”.
She had six new points which change the
information that grounded the initial abortive
complaint.
They included the following:
Garda reject sexual complaint
against Judge James O’Connor
Revised complaint had claimed serious new
information had arisen — so the woman is
contemplating litigating the reasons given for
rejection, and is pursuing a civil action against
the retired district court judge
By Michael Smith
1.
As to the law, she furnished the article in
which the Garda Commissioner said that
Misconduct in Public Oce is a crime.
2.
As to the circumstances, she noted that at
least three other women have been reported
as having witnessed similar misconduct
from the same judge. They are mentioned in
a report she furnished to the Garda. At least
one of them has said she would give
information to any inquiry.
3.
As to the circumstances, the woman also
said she believed the Garda did not actually
look at the phone she gave them during the
first investigation which contained the key
evidence of Judge O’Connor’s misconduct.
She oered to furnish that phone but the
Garda did not avail of the oer.
4. As to evidence, the woman claimed she now
knew the names of the lawyers who spoke to
Judge O’Connor when she was with him
outside the Court in Tralee. Their evidence
could corroborate her story.
5.
She had also discovered the name of the
clerk on key dates when she was before
Judge O’Connor. She believes he could give
key evidence. That too was potential new
information.
On the back of this the Garda agreed to take
the woman’s statement again.
The woman met the Garda National Protective
Services Bureau, Serious and Organised Crime
Section in Harcourt Square, Dublin in June
2022. I accompanied her and she detailed the
five reasons above and gave the statement.
On 3 June this year the woman was notified
the Garda did not intend to pursue a
prosecution, so she asked them why, and on 6
June the woman received a reply signed by
Detective Superintendent Ian H Lackey stating,
“I am of the view it contains no new information
NEWS
Door closed for the moment