Sir, - I feel compelled to comment on the observations of Dr A. P. Woolhead (January 23rd). I begin by disclosing that I am a Superior Court trial justice in Ontario, Canada. In 1982, I married an Irish citizen and since then I have been a regular visitor to Ireland, most recently during the week of January 23rd. When I visit, I read with great interest about the "goings-on" in politics, the economy, the arts and in the administration of justice.
At home it would not be appropriate for me to express my views about any matter in a public forum; in Ireland, I do so as a private citizen. Dr Woolhead called on the judiciary to "rein in" the sickness "at the heart of our society before it gets absolutely out of hand". His comments were made in the context of the deluge of litigation for compensation for trivial and contrived injury.
I observe with sadness that the sickness is much more widespread. People in places of public and private trust are compromising integrity, honesty and fairmindedness, all in pursuit of the accumulation of wealth. The reality is that Ireland, a nation that has so proudly enriched the lives of people all over the world, is now moving closer to Americanstyle justice with the attendant clogging of the courts with claims that were, until recently, unimaginable. Most importantly, the average Irish citizen, like those in Canada (where we do not yet have contingency fees), are being prevented access to the justice system for legitimate claims and defences because access is now no longer affordable.
I hope that Dr Woolhead and the many others who share his views understand that members of the judiciary have a public duty to be fair-minded; to put such claims to acute scrutiny; and, most importantly, to treat everyone with even-handedness irrespective of wealth or influence. This is what independence of the judiciary is all about and why it is so fundamental to the administration of justice.
Although I have seen and see many things, both in Canada and Ireland, that could cause cynicism and self-doubt in all of us, I remain confident that your judiciary will "rise to the occasion", so to speak.-Yours, etc.,
Heathdale Road, Toronto, Canada.