Principles and prejudice: The erosion of fairness in admissibility determinations relating to historic child sexual abuse trials in Ireland

This thesis interrogates the construction of fairness to the accused in historic child sexual abuse trials in Ireland. The protection of fairness is a requirement of any trial that claims to adhere to the rule of law. Historic child sexual abuse trials, in which the charges relate to events that are alleged to have taken place decades previously, present serious challenges to the ability of the trial process to safeguard fairness. They are a litmus test of the courts’ commitment to fairness. The thesis finds that in historic abuse trials fairness to the accused has been significantly eroded and that therefore the Irish Courts have failed to respect the core of the rule of law in these most serious of prosecutions. The thesis scrutinises two bodies of case law, both of which deal with the issue of whether evidence should reach the jury. First, it examines the decisions on applications brought by defendants seeking to prohibit their trial. The courts hearing prohibition applications face a dilemma: how to ensure the defendant is not put at risk of an unfair trial, while at the same time recognising that delay in reporting is a defining feature of these cases. The thesis traces the development of the prohibition case law and tracks the shifting interpretations given to fairness by the courts. Second, the thesis examines what fairness means in the superior courts’ decisions regarding the admissibility of the following kinds of evidence, each of which presents particular challenges to the ability of the trial to safeguard fairness: evidence of multiple complainants; evidence of recovered memories and evidence of complainants’ therapeutic records. The thesis finds that in both bodies of case law the Irish courts have hollowed out the meaning of fairness. It makes proposals on how fairness might be placed at the heart of courts’ decisions on admissibility in historic abuse trials. The thesis concludes that the erosion of fairness in historic abuse trials is indicative of a move away from the liberal model of criminal justice. It cautions that unless fairness is prioritised in historic child sexual abuse trials the legitimacy of these trials and that of all Irish criminal trials will be contestable.

End-of-life care in Ireland: ethical challenges and solutions. Opening Statement to the Houses of the Oireachtas Joint Committee on Health and Children, 24 October 2013.

Children Report on End of Life and Palliative Care in Ireland, Volume 1.

County Cork: the experience of members of the establishment whose houses were burned in the IRA arson campaign, 1920-23

Between May 1920 and March 1923, there were seventy-three houses belonging to the County Cork establishment burnt down by IRA and anti-treaty forces. More houses were destroyed by this method in Cork than in any other Irish county in the same timeframe. The establishment were targeted by the IRA for their political, military and social persuasions that were essentially in opposition to the nationalist movement. The motivations behind these burnings is examined, the main reasons being reprisals for actions taken by Crown forces, military reasons, loyalty of house owners to the British government and agrarianism. The geographical distribution of these burnings is also provided to reveal how active individual IRA brigades were that operated within the county. Though there were few areas of the county left unaffected by the occurrence of arson attacks, there were higher concentrations of burnings in some areas. The house burnings in County Cork did not conform to the national pattern of house burnings and the reasons for this are explored. This study argues that the presence of Crown forces in Cork and their implementation of an official reprisal policy in January 1921 escalated military conflict, and arson attacks became a key tactic utilised by IRA forces in response to this policy. The aftermath of house burnings for members of the establishment is revealed through the various compensation committees that were formed after both the War of Independence and Civil War. Key sources for this study included personal papers of both the establishment and military figures, IRA witness statements, local and national newspapers, the 1901 and 1911 Irish Censuses, Colonial Office Papers, compensation claims filed with the British government and Irish Free State, and others from archives throughout Ireland and the United Kingdom.