Chairman with gentle reputation is facing up to his toughest challenge

`In another age and society a rapier would have distributed this man's guts on the footpath" was the stern comment from Mr Justice…

`In another age and society a rapier would have distributed this man's guts on the footpath" was the stern comment from Mr Justice Feargus Flood in dealing with a 78-year-old rapist in May 1996.

That comment, taken with the observation by Mr Justice Murphy of the Supreme Court that a Garda Commissioner would "drool over" the powers given to the chairman of the planning tribunal would, if one was a corrupt politician or property developer, create a certain amount of foreboding, to say the least.

However, Mr Justice Flood is made of mellower stuff. Colleagues describe him as the "perfect gentleman". Indeed Mr Justice Flood has in the past come in for some criticism for his gentle handling of those found guilty before him.

Most notable of these was the nine-year suspended sentence handed down to William Conroy, convicted of the rape of Ms Lavinia Kerwick in 1992 and sentenced in 1993. Conroy, who had apologised and pleaded guilty, was to be given "a chance as a human being".

READ SOME MORE

Mr Justice Flood has been a High Court judge since October 1991. Born in Ballybofey, Co Donegal, the son of a Dublin-born banker, he was educated at Castleknock College, UCD and King's Inns.

He took silk in 1974.

In 1993 he was appointed chairman of the Commission on the Status of People with Disabilities and produced a report, A Strategy for Equality, which is regarded as a benchmark for equality legislation. He conducted that commission effectively, moving around to local hotels and halls where the disabled could have access to him.

He has endured cynicism from the public that tribunals are a waste of taxpayers' money while at the same time, according to himself, receiving "almost weekly threats from various people that the tribunal will be injuncted by them in the High Court".

He has also gone some way towards facilitating the demands of counsel for the Murphy group and Bailey/Bovale, agreeing to bend to their wishes on the order of cross-examination, in order, as he said, to avoid a delay while a challenge was brought to the High Court.

But Mr Justice Flood has at least hinted at considerable ammunition contained in his files, commenting "time spent on private hearings can pay considerable dividends . . ."

His sometimes inscrutable attitude has given some reporters the impression he has many more strings to his tribunal bow.

For others the signs are simply of some pomposity, though it must be said the overall characteristic is the gentlemanly "velvet glove" behaviour.

Tim O'Brien

Tim O'Brien

Tim O'Brien is an Irish Times journalist