Q&A: Transcripts ‘extremely revealing’ of Séamus Woulfe attitude

Supreme Court judge: Golf society presented ‘like Ku Klux Klan’

Despite widespread criticism of Séamus Woulfe, there is little or no political appetite for his removal. Picture: Gareth Chaney/Collins

Controversy has continued to swirl around Supreme Court judge Séamus Woulfe several days after a report into the August 19 Golfgate event found that he should not lose his job.

Former chief justice Susan Denham, who carried out the report, said that, based on the evidence and submissions she received, Mr Justice Woulfe did “nothing involving impropriety” that would justify calls for his resignation. She added that such a step would be “unjust and disproportionate”.

However, a 140-page transcript released by the Judicial Council details a question-and-answer session between Mr Justice Woulfe and the former chief justice Ms Denham.

Several questions as to his standing and his account of his actions remain.

Q: The report by Ms Denham said removing Mr Justice Woulfe would be “unjust and disproportionate”, so why such a fuss over the weekend?

A: The publication of transcripts of Mr Justice Woulfe’s interview with
Ms Denham about the circumstances of the event and his attendance there are
“extremely revealing” as to his attitude, according to Róisín Shortall, co-leader of the Social Democrats.

It is clear that Mr Justice Woulfe heavily qualified his public apology “because I wasn’t sure what I was apologising for”. He suggested his own colleagues were “pre-judging” him and also criticised the Taoiseach and Tánaiste.

Q: He also hit out at the media, didn’t he?

A: Yes, he said the media reporting on the event was “astonishing”, describing the original Irish Examiner story as “the greatest load of rubbish ever now”.

“I thought ‘Jesus, they’re really scraping the barrel here during the silly season in August’,” he said.

Mr Justice Woulfe also told Ms Denham that the treatment of the Oireachtas Golf Society was appalling and claimed that media coverage “presented like it was the Ku Klux Klan”.

Q: Is his position in danger now?

A: While some people and media outlets have called on Mr Justice Woulfe to stand down, such a move is unlikely, given how fiercely he defended his position in the review.

He called on Ms Denham to “vindicate his good name”, transcripts show.

Q: So what happens now?

A: Ms Denham’s report was a non-statutory review so it was limited in what it could say.

It did make a recommendation that the chief justice could resolve this matter by way of “an informal resolution”.

It would be for the Oireachtas, and not the chief justice, to initiate proceedings to remove Mr Justice Woulfe from his post.

Article 35.4 of the Constitution of Ireland states: “A judge of the Supreme Court or the High Court shall not be removed from office except for stated misbehaviour or incapacity and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal.

“The Taoiseach shall duly notify the President of any such resolutions passed by Dáil Éireann and by Seanad Éireann, and shall send him a copy of every such resolution certified by the chairman of the House of the
Oireachtas by which it shall have been passed.”

In truth, there is little or no political appetite to do so, despite the widespread
criticism of Mr Justice Woulfe at present.

Q: Has Mr Justice Woulfe actually sat on the court yet since his appointment in July to the €223,597-a-year post?

A: No. He hasn’t sat. The courts recess started the week after his swearing-in. He was not listed for cases until next week.