Tributes paid to Supreme Court judge on retirement

The Chief Justice and Attorney General yesterday led warm tributes to Mr Justice Brian McCracken, who presided over the 1997 …

The Chief Justice and Attorney General yesterday led warm tributes to Mr Justice Brian McCracken, who presided over the 1997 McCracken tribunal into payments to politicians, on his retirement as a Supreme Court judge.

The Chief Justice, Mr Justice John Murray, said Mr Justice McCracken's "complete mastery" of the law and "patent integrity" characterised his almost 50 years in the legal profession, incorporating some 38 years at the Bar and another 11 years as a member of the judiciary.

It was not just Mr Justice McCracken's command of the law but his "depth of understanding of its underlying philosophies" that made him "one of the finest arbiters" of the law, Mr Justice Murray said.

"His contribution to the administration of justice has been second to none and his calm understanding of human nature and innate sense of tolerance ensured that litigants left his court knowing they had had a fair hearing and adjudication."

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Mr Justice McCracken, who marks his 72nd birthday today, would also be forever remembered as the "highly efficient sole member" of the McCracken tribunal, he added.

The Chief Justice was addressing a packed Supreme Court, including the nine other Supreme Court judges, barristers, solicitors, registrars, members of the Courts Service and Mr Justice McCracken's wife, Irene, and members of his family, who had gathered for the judge's last occasion to sit on the bench.

Mr Justice McCracken was educated at High School, Rathgar, Dublin, Trinity College, Dublin, and the King's Inns. He was called to the Bar in 1957, appointed a High Court judge in 1995 and elevated to the Supreme Court in 2002. In February 1997, he was appointed sole member of the McCracken tribunal and reported in August that same year.

Attorney General Rory Brady, speaking on behalf of the Government, said he wished to express deep gratitude to Mr Justice McCracken for his years of dedicated service as a member of the judiciary. The "doyen of intellectual property law" who had been involved in almost all the landmark legal cases of the past four decades, the judge had left a great legacy to the legal system, showing to the public that the judiciary is "truly independent and courageous".

Hugh Mohan, chairman of the Bar Council, said Mr Justice McCracken had risen through the ranks to become a leader, if not the leader of the chancery Bar, involved in such major cases as that of Irish Distillers. He was pre-eminent in his profession when appointed to the High Court in 1995 and his calmness and strength of purpose were "the antithesis of the bombastic, extravagant and extrovert lawyer".

As the sole member of the McCracken tribunal, it was "quite something" that Mr Justice McCracken was appointed to that tribunal in February, had heard evidence by July and had reported in August, Mr Mohan added. This was due to his deft handling and ability to deal with complex issues.

For the Law Society, Geraldine Clarke paid tribute to him as "a model of fairness and efficiency". The McCracken tribunal report was acclaimed for its clarity and the unambiguity of its findings, she said.

Maeve Kane, registrar of the Supreme Court, said it had been a great pleasure to work with Mr Justice McCracken and, on behalf of all Courts Service staff, thanked him for his "unfailing courtesy".

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times