A High Court judge has taken the unusual step of halting a criminal trial on grounds that its conduct by a District Judge is "unsatisfactory".
Mr Justice Ó Caoimh granted an order prohibiting District Judge Michael Patwell from further conducting the trial of Garda Paul Landers on charges of leaving the scene of an accident.
Garda Landers, who is attached to the Special Detective Unit, had sought the order in judicial review proceedings. He had said he was taken aback at the alleged horrific and intimidating way he was treated by Judge Patwell at Fermoy District Court.
The DPP had opposed Garda Landers' application for the order of prohibition.
Garda Landers said he was humiliated and intimidated by Judge Patwell while giving evidence. He also believed that the judge had shown a certain hostility to a Department of Justice official, Mr James Murphy, of Lissadel Drive, Drimnagh, Dublin, who was convicted of failing to provide information about a car crash where an unmarked garda car burst into flames at Terramont, Rathcormac, Co Cork, on January 16th, 2001.
In the District Court, Garda Landers had said he was unable to recollect how he got back to Cork city after the crash or how he had contacted gardaí in Fermoy as he had lost his watch in the crash.
The Department official was a passenger in a Ford Granada car driven by Garda Landers which had been used earlier to escort the then President of the High Court, Mr Justice Frederick Morris, who was visiting Cork.
Garda Landers told Mr Justice Ó Caoimh he expected to be treated properly when before Judge Patwell on November 24th, 2001, but that did not happen. He said the judge had interrupted his evidence on seven occasions during the hearing. It was a horrific experience.
He said the judge was very hostile towards him and had sneered at him and told him in the witness box to "get on with your story".
The High Court was told by Garda Landers' solicitor that Judge Patwell had accused his client of spinning a web of deceit .But Garda Inspector Patrick Murphy said he did not recall Judge Patwell making such a remark.At the District Court hearing Judge Patwell directed Garda Landers to produce detailed records of his mobile phone bills which would show precisely what time he contacted gardaí in Fermoy and adjourned the trial to allow that be done.
Giving his decision prohibiting Judge Patwell from further conducting the trial, Mr Justice Ó Caoimh said he had to conclude, in all the circumstances, that the conduct of the trial was unsatisfactory. It was only in very exceptional circumstances that the High Court would interfere in the middle of a trial to prohibit its continuing, he said.
He believed this case was of such an exceptional nature, where the judge had adjourned the case of his own motion and directed that certain evidence be produced. While there was a difference between witnesses about what occurred in the District Court, Mr Justice Ó Caoimh said he accepted Judge Patwell had intervened on a number of occasions. He particularly accepted the evidence of Mr Matt Bermingham, solicitor for Garda Landers, concerning the conduct of the proceedings and said Mr Bermingham had no axe to grind and indeed had given evidence to the High Court which did not support Mr Landers' account in some respects. Mr Bermingham certainly had the impression that a stage had been reached in the hearing where the garda had to establish his innocence. It was clear that the judge had not just made points of clarification but had also supplanted points raised in cross-examination of Garda Landers. The remark by Judge Patwell that he should "get on with his story" could place a person under pressure when giving evidence. The most startling aspect of the case was what happened at the end when Judge Patwell directed Garda Landers to get evidence regarding his phone records, Mr Justice Ó Caoimh said.
This could only be construed as a judge entering the arena and indicating the kind of evidence he felt should be produced. In all the circumstances, there was a clear picture of an unsatisfactory trial.The judge made an order prohibiting Judge Patwell from further involvement in the prosecution of the garda and awarded costs of the application to him.
