Burkes request High Court to overturn Judge’s refusal to recuse herself
The Burkes lodged an appeal in the High Court yesterday against Judge Petria McDonnell’s refusal to recuse herself from hearing their religious discrimination case against NUI Galway. They are seeking to have another judge take the case.
The High Court application is by way of appeal from a Circuit Court order received by the Burkes on Monday this week, wherein Judge Petria McDonnell refused to recuse herself from the Burkes’ case. The Circuit Court order was backdated to Tuesday 18 June 2019, the date of commencement of the Circuit Court hearing last week.
In opening remarks last week, Judge Petria McDonnell questioned or commented whether the Burkes’ case was “moot”. This led to the Plaintiffs making an oral application for the Judge to recuse herself from the case. The Judge left the courtroom on Tuesday afternoon 18 June 2019 without providing clarity on the matter of recusal.
Read More: Judge Petria McDonnell: Justice standeth afar off – Submission lodged with Justice Minister, Equalities Watchdog and Parliamentary Committee
Speaking today on behalf of the four Plaintiffs, Isaac Burke said, “This is a serious development. Unfortunately the application to the High Court will further delay the hearing of our religious discrimination case. But we cannot accept a judge whose words indicate that she has pre-judged the matter. We need to have confidence in the judicial process.”
The Burkes’ case against NUI Galway is currently stayed pending the outcome of the High Court appeal.
Further updates will be posted over the coming days on this website and on social media.
