Costs award recommended

Judge O'Buachalla should be awarded all his costs arising from the public inquiry into his handling of the transfer of a pub …

Judge O'Buachalla should be awarded all his costs arising from the public inquiry into his handling of the transfer of a pub licence to Catherine Nevin, the report by Mr Justice Murphy has recommended.

Mr Justice Murphy said he believed a public inquiry had been necessary to examine irregularities in the transfer because of the friendship between the judge and Mrs Nevin.

Judge O'Buachalla had contributed to the irregularities, but the manner and extent of his contributions were not grounds to penalise him, according to Judge Murphy.

"In my view he is entitled to be indemnified against all of the costs properly incurred by him in relation to the statutory inquiry," the report, issued yesterday by the Department of Justice, said.

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Mr Justice Murphy recommended that two gardai, whose complaints against Judge O'Buachalla were to form the second strand of the inquiry, also recoup monies for liasing with and receiving legal advice for the inquiry.

In September, just before giving evidence, both gardai retracted their allegations, and the inquiry concluded proceedings.

"In my view, however, the Minister is not responsible for any other costs incurred by the gardai," the report said.