A DISPUTE between priests over a slander accusation will have to be heard in court again after the judge had to pull out of the case on the third and final day.
Judge Joseph Matthews yesterday withdrew from the case when barrister John Ferry told the Circuit Civil Court his client Fr Ciarán Dalton was unhappy with developments.
Fr Dalton, of Arran Court, Waterville, Blanchardstown, Dublin, who is on leave of absence from his priestly duties, is suing Fr Martin Geraghty, head chaplain at Connolly Hospital, Blanchardstown, for slander.
Fr Geraghty, of the chaplaincy, Connolly hospital, denies he told lay chaplain Caroline Mullen that a sum of money was missing from a chaplain’s fund and that Fr Dalton had taken it. Ms Mullen has told the court Fr Geraghty had a sneer on his face when he spoke the words to her.
Fr Dalton claims he was legitimately given a grant from the fund to finance a two-year counselling course at Trinity College, Dublin, which had been vouched through receipts.
Mr Ferry told Judge Matthews that just before a lunch break in the hearing on Wednesday a member of the Irish Inner Bar, Mr Patrick Long SC, had entered the court room and had shaken hands with the defendant Fr Geraghty.
Mr Long, who is 85, had sat beside Fr Geraghty in the courtroom while a defence witness, Fr Tony O’Riordan, completed his direct evidence.
Mr Ferry said he had reserved his cross-examination of Fr O’Riordan until after lunch. When Fr O’Riordan stepped from the witness box Mr Long had greeted him warmly with the words: “I insist on buying you lunch.” Mr Long had then entered the judge’s chambers and had joined Judge Matthews and High Court Judge, Mr Justice Patrick McCarthy, exiting the chambers after 20 minutes.
Mr Ferry said Mr Long had then shaken hands in the corridor with the plaintiff, Fr Dalton, and had wished him well before taking Fr O’Riordan down to lunch in the public restaurant.
Counsel told the court that Fr Geraghty, Fr Dalton and Fr O’Riordan had all been chaplains together at the Connolly Hospital. Mr Long was a regular Mass-goer there.
He was friendly with the priests and used all of them for advice and spiritual guidance.
Mr Ferry said that while he was not implying any impropriety on the part of the court there could be, in the perception of an independent observer, a risk of objective bias in the case and opened a number of legal authorities as to why the judge should withdraw.
Judge Matthews said Mr Long had visited him in his chambers to wish him well during the long vacation which begins today. Judge McCarthy had joined them but the case at hand had not been discussed.
He nevertheless had been convinced by Mr Ferry that there was a risk of a perception of objective bias. The judge said he deeply regretted that an accidental, wholly unforeseeable and innocent incident should have led to the collapse of the case but he had no alternative but to withdraw.
Úna Ní Raifeartaigh, counsel for Fr Geraghty, opposed Mr Ferry’s application and in applying for an early rehearing said the implications for legal costs was enormous.