Keegan -v- District Judge Kilrane & Anor [2011] IEHC 516 (26 October 2011)

Keegan -v- District Judge Kilrane & Anor [2011] IEHC 516 (26 October 2011)

The prior, ongoing solicitor-client relationship between the applicant and Judge Kilrane, involving multiple representations in similar criminal matters, was such that a reasonable, objective observer would apprehend a risk of objective bias. Confidence in the administration of justice requires that the orders of conviction and sentence be quashed, notwithstanding the applicant's unimpressive conduct and delay.

Citation
[2011] IEHC 516
Parties
Applicant: Aidan Keegan; First Respondent: Judge of the District Court Kevin Kilrane; Second Respondent: The Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
26 October 2011
Procedural Posture
Judicial Review / Final Judgment in High Court
Outcome
Application granted
Legal Topics
Objective Bias, Recusal of Judge, Fair Trial, Delay in Judicial Review, Alternative Remedy
Criminal Law Judicial Review Administrative Law Objective Bias Recusal of Judge Fair Trial Delay in Judicial Review Alternative Remedy

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Parties

Aidan Keegan

Applicant

Judge of the District Court Kevin Kilrane

First Respondent

The Director of Public Prosecutions

Second Respondent

Procedural Posture

Judicial Review / Final Judgment in High Court

Legal Issues

  1. 1 Whether a judge who previously acted as solicitor for the accused should recuse himself for objective bias
  2. 2 Whether the applicant's delay and conduct disentitled him to relief
  3. 3 Whether the existence of an alternative remedy (appeal) precludes judicial review

Ratio Decidendi

The prior, ongoing solicitor-client relationship between the applicant and Judge Kilrane, involving multiple representations in similar criminal matters, was such that a reasonable, objective observer would apprehend a risk of objective bias. Confidence in the administration of justice requires that the orders of conviction and sentence be quashed, notwithstanding the applicant's unimpressive conduct and delay.

Court Disposition

Application granted

Orders

  • Orders of conviction and sentence made by Judge Kilrane on 26 February 2010 quashed