The requirement by Customs and Excise that the licence for Jack White's Inn be transferred to Catherine Nevin's name was wrong "in logic and in law", Judge Donnchadh O Buachalla told a public inquiry yesterday.
In a statement submitted to the first session of the inquiry into the licence transfer controversy, Judge O Buachalla said he had been forced to intervene in an "administrative problem" which Customs and Excise had transferred to him.
"I took the view, and remain of the view, that the contention that this matter required a transfer of the licence was wrong both in logic and in law," Judge O Buachalla said.
"As a judge, I was obliged to resolve the question openly, honestly, logically, responsibly and in a manner which, legally, could not be impugned. This I did."
Mr Justice Murphy will preside over the commission of inquiry at King's Inns, which convenes for three days this week to examine the handling of the granting of a seven-day pub licence to Nevin in September 1997.
Claims by two Arklow-based gardai that they received unfair treatment in court from Judge O Buachalla after Nevin made allegations against them will also be examined when the inquiry reconvenes in September.
A letter yesterday from Judge O Buachalla's solicitors to the inquiry stressed the independence of judiciary under the Constitution. "The requirement of judicial independence requires a judge to await the progress of the inquiry and only to make or offer to make a statement should it be the case that facts have been found by the inquiry which prima facie show gross misconduct, fraud or corruption in the exercise of his/her judicial duties. Such finding would throw a duty on such a judge to vindicate his/her judicial integrity."
However the letter added that the judge will "submit to any suggestion, direction or order of the inquiry" and wished to assist the inquiry in every way possible.
Mr Sean Ryan SC, for the inquiry, read from correspondence between representatives for Nevin, Customs and Excise and the Revenue Commissioners, who had requested a court certificate of transfer before granting the licence.
He also outlined a number of issues he believed the inquiry needed to address including: the need to decide if something was done that could not be done lawfully; if Judge O Buachalla acted within his jurisdiction; whether applications should have been heard in private and whether the judge should have acknowledged his friendship with Nevin and not dealt with the matter.
Mr Ryan also detailed two meetings held in Judge O Buachalla's chambers and read from the statements of a number of those present. The first was held on June 13th, 1997 in Gorey District Court when the judge signed an authorisation that he had no problem with the granting of the licence.
According to Mr Ryan a court clerk present, Mr Liam Sexton, said at the time he had never encountered this during his 37 years in the court service.
A second hearing was held in the judge's chambers in Wexford District Court on September 29th, 1997 and Judge O Buachalla signed an order to delete the name of Mr Tom Nevin from the licence. According to Mr Ryan objections were voiced by Garda Insp Peter Finn.
Meanwhile, Mr Justice Murphy again turned down an application from Mr Tom Nevin's family to have legal representation at the inquiry. They have a watching brief on proceedings and a number of them were present yesterday. Mr Justice Murphy acknowledged their concern and said he would review the decision later if necessary.