The Minister of State at the Department of the Environment, Mr Bobby Molloy, has apologised to Mr Justice Philip O'Sullivan, to the Central Criminal Court and to the daughter of Mr Patrick Naughton for any embarrassment or hurt caused by a contact made on his behalf in relation to a case of gross sexual abuse.
Mr Molloy now accepts the approach made to the judge, enquiring about the receipt of a letter, was highly improper and should not have occurred. In spite of that, the Minister of State has been reluctant to take responsibility for his actions and said it was not a resigning matter. Mature reflection may, however, bring about a change in that opinion.
There are significant differences between the versions of events provided by Mr Justice O'Sullivan and by Mr Molloy. The judge told the Court the woman who contacted him on behalf of the junior Minister asked if he would be prepared to take a telephone call at home concerning the receipt of a letter. Mr Molloy said his involvement was to ask an official in his office "to enquire from the judge's secretary as to whether or not the letter had been received". Mr Molloy said it was "unfortunate" the call had been put through to the judge in his chambers as, at no stage, had he suggested that direct contact be made with the judge in his chambers or at home. The official concerned had "no recollection" of asking whether the judge could be contacted at home. They were both puzzled about the matter.
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Whatever about the Minister's intentions, the letter writer was highly motivated. The sister of the accused had discussed the case with the minister at his constituency clinic in Galway and later telephoned on a number of occasions about the matter. The woman was upset that her letter to the judge had not been acknowledged. It could be expected that the letter would favour the defendant, although Mr Molloy insisted there had been no intention by him to influence the judge. He greatly regretted what had happened.
Even if Mr Molloy's version of events is correct, what he did was unacceptable. Court rules require that judges do not take account of material that does not arise during a hearing. Judge O'Sullivan was correct to hand the letters, unread, to his registrar. The representations made by Mr Molloy, to establish whether the communication had been read, was therefore doubly improper. The Minister of State was understandably concerned that his involvement might be seen by the public as supportive of Mr Patrick Naughton, who was yesterday sent to prison for the rape and buggery of his daughter over a six year period . Such a conclusion would be absurd. But, in a heightened pre-election atmosphere, such political considerations are very real. In the next few days, as these matters are separated in the public mind, Mr Molloy and his party should review the situation.