Judge Petria McDonnell questions whether case is “moot” in opening remarks
The Burkes made a statement on Thursday afternoon at Galway Circuit Court:
“It is Thursday afternoon. We are outside Galway Courthouse. Our religious discrimination case was supposed to be heard here over the last three days, Tuesday, Wednesday, and Thursday.
However, our case has not even begun to be heard. The reason for this is because of a comment made by Judge Petria McDonnell at the opening of the proceedings on Tuesday morning.
As you know, this case centres around the lifetime banning of the Plaintiffs from all student societies at NUI Galway in 2014. On the eve of the Court, several days ago, the University lifted this ban without any acknowledgement of discrimination or victimisation.
At the start of the proceedings on Tuesday morning, Clíona Kimber SC for NUI Galway told the court that the lifetime ban had been lifted. In response, the Judge questioned or commented whether the lifting of the lifetime ban “would render the whole thing moot”. In other words, whether the lifting of the lifetime ban meant the proceedings were now unnecessary, whether they were a waste of the Court’s time.
The word “moot” suggests that a controversy no longer exists, and that a court cannot grant any effectual relief or render an opinion affecting the matter; “moot” means there is nothing more to be said, nothing more for a Judge to do.
For us to be brought to a place where we must contend that our case is not “moot” is a disgrace.
For over 4½ years we have had a lifetime ban hanging over us. The impact on our personal and professional lives has been profound. 4½ years of our lives have been taken from us. Our good names have been affected. Our energies have been expended in legal proceedings. Our health has suffered. All because of the injustice of NUI Galway. The mere lifting of the lifetime ban in recent days changes absolutely none of this.
The whole purpose of going to Court is that the Equal Status Acts are there to provide redress to those who have been discriminated against. It is to make amends for wrong done, and to punish the wrongdoer. That Judge Petria McDonnell would suggest that no relief or redress is necessary for the Plaintiffs is plainly wrong and deeply offensive to the four of us.
It would be impossible to sit through three days of a hearing knowing that the Judge had already made up her mind. No reasonable person would have confidence in such a Judge in the circumstances.
Judges must not only be impartial; they must do everything they can to ensure that they are perceived as such. It is fundamental to the maintenance of confidence in the judiciary that they avoid words, actions or situations that would make them appear to be biased or disrespectful of the laws they are sworn to uphold. Judge Petria McDonnell’s comment regarding our case being “moot” is serious judicial misconduct. We have no confidence in her hearing our case.
We asked Judge Petria McDonnell to recuse herself on Tuesday. Today we are no wiser as to the outcome of that request. The proceedings are in limbo. This is not a normal state of affairs and is not acceptable.
We call on Judge Petria McDonnell to recuse herself and to let us proceed with a fair and impartial hearing, which is our right as citizens of this country.”
