Judge Groarke must address grave errors in judgment

“Since the 16th century, Lady Justice has often been depicted wearing a blindfold. The blindfold represents impartiality, the ideal that justice should be applied without regard to wealth, power, or other status”.

Mr Justice Raymond Groarke’s judgment in Burkes v NUI Galway is based on manifest errors of fact

The judgment of Mr Justice Raymond Groarke handed down last month is based on grave factual errors. Chief among these is the finding that a cheque was drawn on the Christian Union account on the 28th of February 2014. Judge Groarke rooted his judgment in this and a series of related findings, each entirely incorrect.

We brought two applications before Judge Groarke on Thursday this week. The first was an application for access to the DAR record (audio recording) of the hearings in the case. The second was an application (available here) to set aside last month’s judgment, on the ground that it is based on manifest errors of fact.

Judge Groarke sought to grant our application for the DAR record without hearing any submission from us and without opening any papers. We objected to this approach, considering it important to address the Court on the matter. Judge Groarke with apparent reluctance agreed to put the matter back to be heard later that morning.

When we were called again, Judge Groarke granted the DAR application immediately, without permitting us to address the Court or to open our affidavit grounding the application. This affidavit set out, among other things, serious errors that Judge Groarke had made in his judgment.

*Mr Justice Raymond Groarke held that the above cheque was drawn on the 28th of February 2014 and that the payee was Josiah Burke. Both findings are entirely incorrect.* *These findings are among a series of factual errors upon which Judge Groarke rooted his judgment. For more details, click here.*

When we sought to bring our second application, i.e. to set aside last month’s judgment, Judge Groarke appeared to become very agitated. In particular, when we drew attention to a cheque that he said was drawn on the Christian Union account on the 28th of February 2014, when in fact it was drawn two months later on the 24th of April 2014, he refused to listen to us, rose, and left the courtroom. A few minutes later he returned, again refused to hear anything from us, and directed that the Gardaí remove us from the courtroom.

This is where matters stand at present. We intend to pursue our application to have Judge Groarke’s judgment set aside. A further update will be provided in due course.

Video below.