A solicitor who interrupted a court and shouted at a District Court judge sitting in Fermoy, Co Cork, while trying to get him to deal with a client's case was found to be in contempt by the judge and temporarily taken into Garda custody.
The solicitor, Mr John Hussey, later apologised to Judge Michael Pattwell and purged his contempt.
The situation arose at Fermoy District Court when Mr Hussey asked Judge Pattwell when he was going to deal with the case of a client charged with damaging property. Judge Pattwell told Mr Hussey the case had already been dealt with. It had been set for 10.30 a.m. and his client had not been present.
Mr Hussey said the case had been set for hearing at the court which starts at 11 a.m. and his client had arrived at the court at 10.50 a.m. However, Judge Pattwell reiterated the case was set for 10.30 a.m.
Shortly afterwards, Mr Hussey asked Judge Pattwell if he could mention the matter again but the judge refused and told him to sit down. Mr Hussey asked again and the judge warned he would hold him in contempt if he did not remain seated.
Mr Hussey said his case was not a repeat and, in a raised voice, persisted in asking if the judge was going to deal with his client's case
Judge Pattwell ordered gardai in the court to take Mr Hussey into custody. He left the court and ordered gardai to bring Mr Hussey to his chambers. After a short interval, Judge Pattwell resumed the court and continued hearing other matters but agreed before the court rose for lunch to deal with the contempt matter.
Mr Hussey's solicitor, Mr John Brooks, said he wished to outline the background of the case. Judge Pattwell said he knew the background. Mr Hussey's behaviour was the issue.
Mr Brooks said Mr Hussey apologised and accepted that his conduct was unacceptable. "He lost his head and got emotional," Mr Brooks added.
He said Mr Hussey had discovered that a bench warrant had been issued for his client. "He was quite emotional - he was concerned that his client was going to be taken into custody."
Judge Pattwell said Mr Hussey should have had more professional detachment but accepted the apology, discharged the contempt and released him from custody.
Mr Hussey asked Judge Pattwell if he would reconsider his decision about his client but the judge said the court list was fixed. A solicitor could ask about a case once all the cases on the list had been dealt with but could not interrupt the court, he said.
Mr Hussey asked if he could mention his client's case again and Judge Pattwell said he could do so at the end of the list.
When the court resumed in the afternoon, Judge Pattwell announced he was disqualifying himself from hearing the case against Mr Hussey's client and adjourned the matter to Mallow on March 6th. He was doing this because of "heightened passions" at the court in the morning and the fact that he had heard evidence against a co-defendant.