Posted by ‘Decisive action’ |
Sinn Féin call for removal of Circuit Court judge who sexually abused six young men
Gerard O’Brien was convicted three days before Christmas of the sexual abuse of the six men in the 1990s.
Today at 13:44
Sinn Féin has called for the removal of a Circuit Court judge who was last month convicted of sexually abusing six young men almost 30 years ago.
Tipperary native Gerard O’Brien was convicted three days before Christmas of the sexual abuse of the six men in the 1990s.
Sinn Féin’s justice spokesperson, Kerry TD Pa Daly, called for his removal from the bench in a letter sent to the Judicial Council on Wednesday, The Irish Times reports.
He asked the Council, an independent body that oversees judicial standards, if it has “taken any decision as to whether it has any role, or will be taking any role, in any disciplinary investigation process concerning Judge O’Brien”.
Mr Daly added that if the judge does not resign, “the relevant machinery to remove him should be commenced”.
Under Article 35.4 of the Constitution, a judge of the Supreme Court, Court of Appeal or the High Court cannot be removed from office except for stated misbehaviour or incapacity and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal.
Although Article 35.4 refers specifically only to judges of the Supreme Court, Court of Appeal and High Court, it’s understood the same procedure would have to be followed in order to remove a judge of the Circuit Court or the District Court as these judges are declared to hold office by the same tenure.
To date, no judge has ever been removed from office using this mechanism and the phrase “stated misbehaviour or incapacity” has never had to be judicially interpreted.
In one previous instance where a sitting District Court judge, Heather Perrin, was convicted of a serious crime, namely deception, she offered her resignation from the bench before her forced removal became necessary.
O’Brien’s conviction and subsequent unmasking as a sexual predator led to Justice Minister Helen McEntee issuing a statement confirming she had contacted the Attorney General on how best to proceed in terms of his removal from the bench.
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She confirmed she is considering the options open to the Government and the Oireachtas.
Mr Daly said: “Clearly, his presence on the bench is damaging to confidence in the Judiciary. At a time when trust in public institutions has been under pressure, fair, but decisive action needs to be taken.”
He said that if the Judicial Council decides it has no role in his removal from the bench, then it’s the responsibility of the Oireachtas to “consider the impeachment process”.
“If the Government is not going to move, then we will,” he added.
O’Brien, who is missing both hands and a foot as a result of the rare health condition phocomelia, is scheduled to be sentenced for his crimes on March 4.
O’Brien pleaded not guilty in the Central Criminal Court to one count of attempted rape and eight counts of sexual assault in relation to six complainants, some of whom were his students.
His four-week trial was told the offences occurred on dates between March 1991 and November 1997 at locations in Dublin.
He was in his 30s while his victims were aged between 17 and 24.
He remains in receipt of his €177,554 Circuit Court judge’s salary pending his future removal or resignation from the bench.
When asked by the Sunday World whether there was any comment he would make in light of the verdicts against him, O’Brien said: “I’m devastated for everybody.”
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