A Woulfe in judges clothing

By Anthony Sheridan

Ok, let’s get the obvious truth out in the open – Seamus Woulfe is a dud judge.  He’s not fit to judge a dog show never mind sit in judgement in the highest court in the land.  [With sincere apologies to all dog show judges.] 

We only have to look at some of his judgements surrounding Golfgate to see how unfit he is to hold such a high position.  As a Supreme Court judge he felt it was acceptable to:

Party with politicians.

Break Covid 19 rules he had helped draw up.

Blame everybody else for the consequences of his bad judgements.

Furthermore, it is clear that his overweening arrogance has completely blinded him to the core reality surrounding his behaviour – the obvious requirement for his immediate resignation.

In addition to all this he has completely misread the clear signals encouraging him to take the honourable course of falling on his sword.

The first signal came from retired Supreme Court judge Susan Denham’s report when she found it would be unjust and disproportionate to call for his resignation.  The key words here are ‘to call for’.  Anyone not overwhelmed by their own self importance would have clearly understood the subtle message – wield the sword yourself.

Clearly, Judge Woulfe does not do subtlety so a second signal was necessary.

This occurred when the Judicial Council released the entire transcript of Woulfe’s first interview with Ms. justice Denham.  This unprecedented public washing of judicial dirty laundry had the entire country cringing in embarrassment at the bizarre and abject excuses proffered by justice Woulfe. 

Everybody, that is, except Woulfe himself.  He seems to be genuinely puzzled by the angry response of politicians, colleagues in the judiciary and the general public.

It was time to call in the heavy gang, so to speak.  Three senior judges met with Mr. Justice Woulfe to discuss how the matter could be resolved.  It has been reported that the meeting did not go well, that Woulfe was shocked by the proposals they were offering to resolve the matter.

Did not go well, is, without doubt, the understatement of the year. 

It is highly likely that the judges [metaphorically of course] took Woulfe by the throat, pinned him up against a wall and shouted in his face:

Resign you fool before you do any more damage to our reputation.

But still, the thickness of his skull prevented  the message from getting through.  Instead of recognising the brutal fact that his Supreme Court career is over, Woulfe decided to call in sick.

There is now no way back for justice Woulfe nor, indeed, the judiciary. All the dirty laundry is out there.  If he is not removed or forced to resign the reputational damage to the judiciary will be enormous and permanent.

And Mr. Justice Woulfe will not primarily be responsible for that damage. His complete lack of understanding of the responsibilities and propriety expected of a Supreme Court judge has earned him a gold plated fools pass.

No, responsibility lies with the judiciary and the mainstream political parties who, over the decades, formed a relationship so close it left no room for the accountbility that is the norm in other jurisdictions.

It was inevitable, sooner or later, that a Woulfe in judges clothing would gain entry and wreak the havoc we are now witnessing.

Presumption of innocence does not universally apply in Ireland

By Anthony Sheridan

During a discussion on Today with Sean O’Rourke surrounding the controversial bail granted to a taxi driver accused of sexual assault Senior Counsel and lecturer in Law at UCD Paul Anthony McDermott was crystal clear:

We have the concept of bail because of the presumption of innocence. Under our system nobody can decide you have committed a crime other than the jury. So, not the media, not the Gardai, not anyone.  It is only a jury. 

So we take the view that unless and until twelve members of the public decide you have committed a crime the system works on the basis that you didn’t commit it. 

That is regarded as a constitutional right but even if we amended the constitution in the morning the European Convention on Human Rights to which Ireland is a party also requires a presumption of innocence.

I’m sure Mr. McDermott will be greatly surprised to learn that his statement is incorrect.

The Irish state does not universally extend the presumption of innocence to its citizens.

There is one very specific crime that the State considers to be so heinous that those found guilty are not just liable to a prison sentence of ten years or a €300,000 fine but are also deprived of the presumption of innocence principle.

That crime is the selling of even one Mass card without the written permission of a Catholic bishop.

There are many who will find it difficult to believe that such a law could exist in a modern democratic republic; so here it is in black and white.

Charities Act 2009

99: [1] A person who sells a Mass card other than pursuant to an arrangement with a recognised person shall be guilty of an offence.

[2] In proceedings for an offence under this section it shall be presumed, until the contrary is proved on the balance of probabilities, that the sale of the Mass card to which the alleged offence relates was not done pursuant to an arrangement with a recognised person.

I am not a legal person so I am open to challenge on my interpretation of this law; which is:

A person who sells a Mass card without the permission of a Catholic bishop will be presumed guilty until he/she can prove the contrary.

The crux of the presumption of innocence principle is very straighforward:

It is not for the accused to establish his/her innocence. It is for the prosecution to prove the guilt of the accused.

Article 99 [1] turns this principle on its head.

Therefore; in Ireland:

The presumption of innocence that is implicit in Article 31.1 of the Irish Constitution does not apply to those accused of this crime.

The presumption of innocence under Article 6 of the European Convention of Human Rights does not apply to those accused of this crime.

The presumption of innocence under Article 11 of the United Nations Universal Declaration of Human Rights does not apply to those accused of this crime.

To my knowledge nobody from the legal profession has challenged this draconian law so it is reasonable to assume that, for that profession, there is no difficulty.

It is, however, reasonable to expect members of the legal profession such as Mr. McDermott to include this exemption to the presumption of innocence principle when delivering an opinion on the issue.

Copy to:

Mr. McDermott

Today with Sean O’Rourke