Judge Donnchadh O Buachalla was not shown Government correspondence stating "no mistakes" were made in the order he signed which led to the granting of a licence in the sole name of Catherine Nevin, the O Buachalla inquiry has heard.
Mr William Sexton, the chief clerk of Gorey District Court, yesterday confirmed that he did not show the letter, dated April 1999, to Judge O Buachalla when it was sent to the court.
The judge first saw the Department of Justice correspondence about three months ago when he requested the file on the Nevin licensing transfer.
Mr Sexton said he believed the information was for the office file. "In hindsight he should have seen it," he said. "If he had asked there would have been no problem." Mr Rogers stressed that communication with a judge was through his/her court clerk.
Mr Sexton agreed that the letter "completely changed the perception" of a meeting in the judge's chambers on September 29th, 1997, in Wexford, which resulted in the signing of the order to delete Mr Tom Nevin's name. Catherine Nevin was granted the licence the following day.
The letter sent to Gorey was a copy of a reply to Mr Nevin's brother, Patsey, and it states that it was not necessary for Nevin to apply for an ad-interim or a certificate of transfer as she was joint owner and joint licensee of Jack White's Inn.
"Senior counsel has advised that, while the order made on the September 29th, 1997, does not specifically refer to Section 16 of the Licensing Ireland Act, 1874, the order in its heading correctly quotes the general ambit of the law with which it is concerned as the Licensing Acts, 1833-1988. In this regard it makes no mistake," states the letter signed by a Department chief examiner.
The correspondence added that no parties were required to be notified of the application and confirmed that there was a legal provision for the order signed by the judge.
Mr John Rogers SC, counsel for Judge O Buachalla, asked Mr Sexton if he accepted the advice of the Department.
Mr Sexton said he would still advise a judge that an ad-interim or a certificate of transfer should be obtained.