Judge dread

JUDGE John Neilan isn’t long into the day’s list in Mullingar District Court when a shout goes up from the rear of the courtroom.

“Judge, can I go out for a roll up, ” she yells. The woman issuing the request is seated between two prison officers.

“Two ticks Brigid and I’ll be with you, ” Judge Neilan answers. He finishes the matter in hand and brings the woman’s case forward. She is Brigid Nevin, a homeless Traveller who has been in and out of the local courts over the last seven years.

She had been remanded in custody accused of a minor offence. The judge believes her situation is appalling. He feels that the Health Service Executive should accommodate her in some manner. He lets fly at the solicitor representing the HSE.

“Am I to exhaust myself day in and out or should I pack my bags and go home?” he says.

“What is this society and country about?” And then, “I have physically gone around with my begging bowl.”

His efforts to have somebody take charge of Brigid Nevin have come to naught.

He is not happy with various assessments undertaken. The shrinks get it in the neck.

“Can they not understand she does not have the capacity to engage?” he beseeches.

On numerous occasions he refers to “eminent” psychologists and psychiatrists. The tone does not sound complimentary.

Welcome to the domain of Judge John F Neilan. Defendants in his court are often subjected to withering lectures. His targets have included “coloured people”, drunk drivers, most government departments, the odd minister, and over the last year, the Minister for Justice, Michael McDowell. The judge and the minister had a public airing of differences over the former’s stated intention last November to jail all drunk drivers. On a number of occasions since, Judge Neilan has referred to the failure of McDowell to offer an apology.

His manner of administrating the law is unusual. His role allows him propound at will from the bench, often on matters that are outside the function of his office.

Last Thursday was a typical day. Mid morning, a Latvian man appears on a drink driving charge. An interpreter, a regular presence in district courts these days, steps forward. Earlier this year, the judge opined that eastern Europeans should be charged for the service of interpreters.

The defendant doesn’t have a solicitor and wants to know how much one would cost.

“I’ve no idea, ” Judge Neilan says. “Four or five hundred euro. When I was doing it 35 years ago you had to wait for a fair day to get a few bob.” He then tells the interpreter not to bother translating the last bit.

Soon after, a man is charged with making obscene phone calls. He has a two-year sentence hanging over him for a domestic violence offence. The solicitor pleads for leniency.

Judge Neilan is having none of it.

“His conduct is directed at females and he will not succeed. It is a judge in the Circuit Court who will have to suspend his sentence, ” he says, adding, “I don’t want his behaviour visited on any other females in my district court area.”

In response to a further plea, Judge Neilan introduces the plight of the Rossport Five into this case of domestic violence.

He points out that he is bound by views expressed in the superior courts and if the High Court had to jail five Mayo men for 94 days for breaking a court order, then he was similarly obliged.

“Why should this man be treated any different, ” he asked. “Should we be making fish of one and fowl of the other?” The man gets 11 months.

Judge Neilan is a native of Roscommon. His sister is married to former EU Commissioner Ray MacSharry. He was appointed to the bench at 38 years of age in 1982 and is due to retire in 2010. He can then apply yearly to continue for another five years. A nondrinker, he smokes and is reputed to indulge the habit with rolled-up cigarettes.

He has a heavy workload.

On Thursday, in the course of an application, he said that he had sat in Tullamore the previous day until 7pm. “I had to go home, have something to eat and make my way here this morning, ” he said. “It is not physically possible for anyone to conduct a court till a late hour in the evening.”

In the afternoon, a man comes before the court in relation to conditions of bail which were broken. The man’s solicitor says he has now secured a bed for an alcohol-treatment course.

“The course is for 12 weeks, ” the solicitor says.

“The course, as far as this court is concerned, is one he will be completing for the rest of his life, ” the judge replies.

A young Estonian man is up on a charge of petty larceny from a shop. Judge Neilan begins another speech. “There was a Latvian gentleman in Longford a few months ago who was destitute and I asked him did he want to go home instead. I contacted the department and they said there were no resources. Nobody would pay. These offences occur because this man has no resources. If he wants to go home I have no difficulty with that. People are coming from these countries and they quickly fall down.”

The judge then enquires if the man wants to go home, and the interpreter replies he doesn’t.

“No harm in trying, ” the judge says.

A young mother of six from Longford comes before him on a number of charges. She breaks down in the witness box, saying she has no money.

She is destitute. But she does have 500 to secure her bail.

Judge Neilan fixes bail but tells her to keep the cash and remands her to Tullamore court.

“How will you get to Tullamore, ” he asks.

“Taxi, ” she says.

“I may not be a man of the world, but taxis cost money.

You have to have priorities, ” he admonishes her.

“Your first priority is not to Santa Claus but to put food on the table for your children, and to get them sufficient clothes. If you’re going to spend money on toys to be kicked around on Christmas Day you are not acting as a mother should. Every day is Santa Claus for some people.” He remands her to Longford Court.

Later, Brigid Nevin’s case is called again. “Her only offence before the court is being intoxicated in a public place. This is like a game that is being played.

There is no room at the inn for Brigid and she must be released.”

Nevin is brought in. “Brigid, you are free to go, ” he tells her.

“Ah no, I’ve nowhere to go.

Ah judge, leave it, will you.”

Judge Neilan looks away.

There is nothing more he can do, nothing more to be said.

– Sunday Tribune, Nov 27, 2005