A SITTING of the District Court was cancelled yesterday after the presiding judge did not appear following a number of clashes with Garda witnesses at recent court hearings.
Judge John Neilan was due to hear cases at Killucan District Court in Co Westmeath.
On Thursday he adjourned for a week a sitting of Mullingar District Court when he took exception to the conduct of a Garda witness. It was unclear until yesterday morning that the adjournment applied to all of his court sittings.
The dispute between Judge Neilan and Garda members has its origins in a case before the courts last month.
On the evening of Wednesday, June 25th, Noel Cawley (46), The Bree, Castleblayney, appeared before Judge Neilan at a special sitting of Tullamore District Court.
The accused was charged with the murder of 83-year-old Christy Hanley in Kilbeggan, Co Westmeath, on May 2nd. At the late hearing on June 25th, Insp Jarlath Folan of Athlone requested the accused be remanded in custody to appear before Tullamore District Court a week later, on Wednesday, July 2nd.
Judge Neilan suggested to him that, because the accused was to be remanded in custody to Cloverhill Prison, Dublin, it would be more appropriate that he appear before Cloverhill District Court.
Insp Folan indicated the book of evidence against the accused would be presented at the proposed Tullamore hearing. Judge Neilan then agreed that the accused would appear in Tullamore rather than Cloverhill.
A week later when the accused appeared in Tullamore, the book of evidence was not ready.
When Judge Neilan asked why Insp Folan was not in court to explain, he was told that the inspector had been transferred to Mullingar. Insp Paul Cuttle said he had taken over from Insp Folan the previous day and did not have any further details on the case.
Judge Neilan later told Insp Cuttle, whom he had observed smiling at a colleague, that if he found something funny he would commit him for seven days for contempt of court.
Judge Neilan said he was satisfied there was only one reason why gardaí in Athlone had requested the remand of Noel Cawley to Tullamore. He was satisfied the purpose of the "public relations exercise" was "to apply for and attract as many plaudits as possible". He criticised the use of taxpayers' money to bring Mr Cawley unnecessarily from Dublin.
On Thursday, Insp Folan was giving evidence in a minor road traffic case in Mullingar District Court before Judge Neilan.
The judge used the opportunity to ask him about his promise in the Noel Cawley case that the book of evidence would be ready when the accused appeared back in Tullamore.
Judge Neilan told Insp Folan he had not received an apology from him for his "blatant mistruth or misstatement", which misled him and the accused. Insp Folan said he did not say the book of evidence would be ready.
"I was there, that was the application made. If that's going to be your attitude, I'm not going to sit with you any longer," the judge said.
He added he had been branded a "liar" by Insp Folan regarding the Noel Cawley case. Because of the manner in which his integrity was impugned, he would be asking the Garda Commissioner to hold an inquiry.
He then adjourned his court until next Thursday. The Courts Service and An Garda Síochána have declined to comment on the case.
However, The Irish Times understands the Garda Commissioner Fachtna Murphy has been in contact with the president of the District Court Judge Miriam Maloneto discuss the matter.
Judge Neilan is not prohibited in any way from deciding not to sit for a week, though such adjournments are unusual. Judge Malone has the power to appoint a judge to hear Judge Neilan's cases until he returns next week.
