Judge’s role to proceed at court

Judge Peter Kelly’s formal appointment as president of the High Court will go ahead on Monday, despite a High Court challenge being lodged in objection to it.

The Government has reacted negatively to the legal challenge taken by developer and New Land League campaigner Jerry Beades to the nomination of Judge Peter Kelly as president of the High Court.

Justice Kelly was nominated by the Cabinet last Tuesday for appointment by President Michael D Higgins, but on Thursday, Mr Beades lodged an preliminary summons in objection.

In papers, seen by the Irish Examiner, Mr Beades claims Justice Kelly is an unsuitable and unfit person for the position. Formally, the Department of Justice said it would be inappropriate to comment on any case which is before the courts.

“It would be inappropriate for the department to make any comment on cases which are before the courts,” a department spokesman said. “We would remind you that judges are appointed by the President following nomination by the Government and this includes the appointment of the president of the High Court.”

Government sources were highly critical of the move, saying Mr Kelly is a most suitable choice for the position. “Look at his track record in the commercial court. He is a great choice. This challenge is crazy,” said a senior Government source.

The Irish Examiner understands that, as Mr Beade’s application to the High Court does not request a stay on the appointment, the ceremony will proceed as planned.