The proceedings in Burkes v NUI Galway put on hold indefinitely
The hearing of Burkes v NUI Galway began at 10:30am Tuesday with Judge Petria McDonnell presiding. Clíona Kimber SC, Counsel for NUI Galway, spoke near the outset, noting that NUI Galway had lifted the lifetime ban on the Plaintiffs (the Burkes). At this point, Judge McDonnell questioned or commented on whether the lifting of the lifetime ban “would render the whole thing moot” (i.e. render the proceedings unnecessary). The Plaintiffs immediately raised an objection to the Judge’s comment, as her words suggested that she had prejudged the case. The Judge then rose for five minutes. Upon her return, the Plaintiffs asked Judge McDonnell to retract and apologise for her comment. Judge McDonnell refused to do either.
The Plaintiffs then stated that they had no confidence in Judge McDonnell’s ability to judge the case impartially. They asked the Judge to recuse herself from the proceedings to which she refused. The proceedings were then adjourned until 2pm.
Read More: Judge Petria McDonnell: Justice standeth afar off – Submission lodged with Justice Minister, Equalities Watchdog and Parliamentary Committee
At 2pm, the Plaintiffs repeated their request that Judge McDonnell retract and apologise for her comment. The Judge again refused to do either and repeated her refusal to recuse herself. The hearing descended into chaos with the Judge alternatively stating, “I will be here tomorrow morning”, “happy to have it re-listed”, “the case is ceased”, and “the case will be adjourned generally … I can’t do that…”. At one point, the Judge left and immediately re-entered the courtroom. She eventually left the courtroom leaving the Plaintiffs with no idea as to the status of the proceedings. A clerk then advised NUI Galway’s legal team to return at 4pm. The Plaintiffs did not receive any instructions.
At 4pm, Judge McDonnell re-entered the courtroom. She was again asked by the Plaintiffs to recuse herself. The Judge stated that she was “placing a stay on the proceedings pending the outcome of the Plaintiffs’ recusal application”. She left the courtroom giving no indication as to when the parties would be notified. The Plaintiffs stayed in the courtroom, waiting for a decision on the matter of recusal. At around 5.30pm, they were pushed out the back door of the courthouse by members of the Gardaí and the building was locked. One of the Gardaí remarked to the Plaintiffs that they would “not be getting any publicity out of this”.
The proceedings are now in limbo. There is no clarity as to when they will resume.
