Woman thanks judge for ordering surgery

A judge who ordered surgery to remove a brain tumour could be carried out on a woman against her wishes was yesterday presented with a box of chocolates by the woman.

The woman, who has made a good recovery from the operation, told Mr Justice Peter Kelly she wanted to thank him for making the surgery orders and to apologise “for the confusion I caused by not giving permission to do the operation”.

Mr Justice Kelly told the woman, aged in her early 50s, he was delighted to see her looking so well and that she has made such progress.

“There’s no need to apologise because it was the tumour that caused your thinking to be distorted,” he said.

Thanking her for the chocolates, he said it was the first time in 20 years on the bench he was given a gift by a litigant and this was “a red letter day” for him.

Judges cannot receive gifts but, with the woman’s permission, he would give them to the nurses working at St Francis’ Hospice in Dublin, of which he is chairman, he added.

The woman smiled, thanked the judge for his “kind words” about her, and said she should have brought champagne.

The judge laughed and said: “That’s even worse, I’m a teetotaller.”

Judges are often criticised but rarely thanked, he added. “Thanks for saying thanks, very few do.”

At the request of David Leahy, for the HSE, the judge made various orders bringing to an end proceedings initiated late last year to have the woman made a ward of court after she refused to undergo surgery for the tumour.

Having heard medical evidence, the judge made interim orders last December taking the woman temporarily into wardship and permitting surgery to remove the tumour be performed at a Dublin hospital.

During that hearing, the court was told that the woman, from another European country but living here for several years, is single and has no living parent or siblings.

Yesterday, the judge was told by Mr Leahy the interim orders had proven successful.

Because the medical team treating the woman consider she now has the necessary capacity to make decision about her health and welfare, counsel sought to have interim orders discharged and said there was no need to proceed with an inquiry into her capacity.

The judge discharged the interim orders. On being told by the woman that she hopes to resume her employment, the judge said her employer has been very fortunate to date “to have an employee as good as you”.