Judge ‘not biased’ over bankruptcy

A High Court judge yesterday rejected claims he was biased when considering Bank of Ireland’s application to have solicitor Brian O’Donnell and his psychiatrist wife, Dr Mary Patricia, declared bankrupt.

Mr Justice Peter Charleton said both his privacy and constitutional rights had been breached after a member of the O’Donnell family disclosed publicly in court that the judge has a mortgage with the Bank of Ireland.

The disclosure was made after Judge Charleton had been told the O’Donnells were seeking to have his decision to adjudicate them bankrupt deemed a mistrial.

Judge Charleton dismissed the application and said seeking to have his ruling set aside simply because he did his family banking with BoI was “frankly absurd”.

Last month, the judge declared the O’Donnells bankrupt in a reserved judgment that the couple’s main centre of interest was Ireland and not England, as the O’Donnells had claimed.

BoI had applied to have the couple declared bankrupt after they failed to satisfy a judgment for €71.57m obtained against them by the bank in Dec 2011 after they had failed to repay loans.

Yesterday, Conan Fegan, for the O’Donnells, said his instructing solicitors, McNamee McDonnell Duffy, of Newry, Co Down, wished to come off record and no longer represent the couple. There had been a breakdown in relations between the parties, he said.

Rory O’Beirn, brother of Mrs O’Donnell, then told the judge certain matters in relation to the case needed clarification. He said these matters had been put in correspondence sent to the judge, including details that somebody with the judge’s name had a mortgage with BoI.

Mr O’Beirn said there was a concern that the judge had shown “objective bias” towards the O’Donnells.

Judge Charleton said: “Yes, I have a bank account and a mortgage with Bank of Ireland on my home. I also have an account with the post office — so what?”

He rejected any suggestion his banking arrangements had in any way influenced his decision, and dismissed an application for a mistrial.

The judge said he did not have, as Mr O’Beirn had suggested, multiple mortgages like some property developer with BOI. He said he did not have shares in BoI. Judge Charleton said that just because he deals with BoI “at arm’s length in matters of family commerce” was not a ground that a mistrial had occurred.

In a statement issued after the ruling, Brian and Mary Patricia O’Donnell said they disagreed with the ruling.

They said they were disappointed that Mr Justice Charleton did not reveal that he owes money to the Bank of Ireland before hearing the case.

They intend to appeal to the Supreme Court.