Firm recommendations from fair-minded judge

Throughout the tribunal, Mr Justice Brian McCracken has maintained a friendly demeanour

Throughout the tribunal, Mr Justice Brian McCracken has maintained a friendly demeanour. As the extraordinary political saga unfolded at Dublin Castle, the High Court judge was at all times courteous and ensured that calm prevailed amid the dramatic revelations.

And his approach was always businesslike. He frequently impressed with his ability to slice through the most complicated financial evidence with testing questions to witnesses.

One senior legal source said that although his previous experience was laregly in chancery and commercial law, he had demonstrated in his handling of the tribunal an ability to assess very complex and lengthy evidence and come to firm conclusions.

His expressions during the hearing of the evidence of Mr Lowry and Mr Haughey led some observers at Dublin Castle to believe that he was taking a dim view of what was emerging. Looks of incredulity were directed towards the witness box, most notably following various claims by a former Taoiseach about his financial affairs.

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Mr Justice McCracken (63), from Co Cork, is married with one son and one daughter and lives outside Dublin. In 1957 he was called to the Bar and took silk in 1975. His large legal practice dealt mainly in chancery and the commercial area.

He was appointed a High Court judge 2 1/2 years ago.

As a senior counsel, he was involved in one of the State's largest negligence cases, £350 million to £550 million, when Allied Irish Banks and Icarom, the legal remnant of the failed Insurance Corporation of Ireland, sued auditors Ernst and Whinney.

His handling of that financial minefield stood him in good stead for his role as tribunal chairman, many colleagues believed.

During the beef tribunal he represented the then Tanaiste, Mr Dick Spring.

Last November, despite his preference for avoiding the limelight, he was at the centre of the high-profile libel action taken by Mr Proinsias De Rossa against the Sunday In- dependent, following an article by columnist Eamon Dunphy.

Eight days into the hearing, Mr Justice McCracken discharged the jury following lengthy submissions from counsel for Mr De Rossa and Independent Newspapers about an article by Gene Kerrigan published the previous Sunday. He awarded all costs to Mr De Rossa and the case was adjourned.

In the legal world, Mr Justice McCracken is extremely well liked and perceived as scrupulously fair.

His appointment as chairman to the tribunal was intended as a distinction and came as no surprise to those tramping the corridors of the Four Courts.

A colleague said: "He is very fair-minded and is not afraid to speak his mind, as you can see from the report."

It should have come, then, as no surprise that the McCracken report would make firm recommendations.