Judge made errors of judgment O Buachalla made

Errors of judgment were made by Judge Donnchadh O Buachalla but he did not abuse the legal process in his handling of the licensing…

Errors of judgment were made by Judge Donnchadh O Buachalla but he did not abuse the legal process in his handling of the licensing of Catherine Nevin's pub, the inquiry into his conduct has concluded.

Controversy surrounded two 1997 meetings in the judge's chambers relating to the licence, following her conviction last April of her husband's murder.

At a public inquiry under Mr Justice Murphy in July and September into the judge's conduct, two gardai withdrew allegations of unfair treatment.

In conclusions published yesterday, Mr Justice Murphy said that it was correct for the judge not to have met Nevin's solicitor in chambers in June 1997, but that he should not have issued a letter of authorisation for the transfer.

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He acknowledged that the problem was "procedural" and not an abuse of legal process.

"The reality of the entire matter is that every lawyer and official concerned with the matter recognised that Mrs Nevin could and should obtain a publican's licence in her own name for Jack White's Inn. The only disagreement between them was the procedure by which the licence would be obtained."

Mr Justice Murphy said that the hearing of an application in camera in September 1997 was not justified and had damaged the judge's reputation. "It is an oversight which he has every reason to regret."

However, that a garda was present and Revenue were invited meant there was no "clandestine activity."

Judge O Buachalla had shown no bias in favour of Nevin and no objections were lodged by gardai. He should have disqualified himself from hearing the application. However, it was "an error of judgment and not an act of misconduct."