A District Court judge's decision not to allow a solicitor to appear before him in court is to be challenged in the High Court.
Leave to judicially review the decision of Judge Oliver McGuinness in Sligo District Court to refuse a right of audience to Damien MP Tansey, Law Chambers, Wine Street, Sligo, on March 29th last, was granted yesterday by Mr Justice Peter Charleton.
Gerard Hogan SC told the High Court there was no legal basis for a solicitor being refused right of audience by any judge in any court in the land.
Mr Hogan, who appeared with Richard Humphreys for Mr Tansey, said Judge McGuinness had refused to recognise Mr Tansey as the legal representative of choice of a woman who appeared before him on an arrest warrant.
"Every solicitor has a right of audience in all courts, from District to Supreme Court, and this was put beyond all doubt by the Courts Act of 1971," Mr Hogan said.
"It is most undesirable that a judge of any court should purport to interfere with the right of audience of a member of the legal profession."
Mr Tansey, in an affidavit, told Mr Justice Charleton that because of the growth of his practice it had been a number of years since he had appeared before the District Court. When he did, Judge McGuinness interrupted and said: "Mr Tansey, I will not grant you a right of audience in this court. I will deal with one of your assistants."
Mr Tansey said no such words had ever been addressed to him before by any member of the judiciary and he found the judge's pronouncement to be shocking and extraordinary. No reasons had been given for the judge's ruling.
He said Judge McGuinness had spoken in an arrogant and officious manner and had not invited or brooked debate or submission.
"The decision is an attack on my entitlement to the exercise of my profession . . . I withdrew from the court and arranged for Ms Caroline McLoughlin to appear," Mr Tansey said.
He said he had never been barred from appearing before any court since he qualified 27 years ago.
In the past he had appeared before Judge McGuinness on numerous occasions until 2000 when he had decided to give up his District Court practice to concentrate on other areas, particularly medical negligence.
