Cootehill man alleges judge convicted him in malice

Mary Carolan

A County Cavan man is seeking to overturn his conviction for harassing a Garda Sergeant and his wife after alleging the conviction was “malicious” and an act of bad faith by District Court Judge Sean MacBride.
Joseph Lavery, Beech Hill, Cootehill, Co Cavan, told the High Court he believed Judge MacBride imposed the May 2006 conviction after “colluding” with two named gardaí.
Mr Lavery alleges those gardaí were previously involved in harassing himself and his family after he reported to the force in 1999 his concerns about Garda Austin Woods, who was later jailed in connection with making 3,000 nuisance calls to his ex-girlfriend.
When Mr Lavery also read part of his affidavit alleging Judge MacBride “attempted to pervert the course of justice in his abuse of Garda John Wilson”, he was told by the President of the High Court that the court could not be used as “a soapbox”.
Mr Justice Nicholas Kearns was dealing this week with an application by the DPP to be joined as respondent to judicial review proceedings brought by Mr Lavery against District Judge Sean MacBride and Circuit Court Judge John O’Hagan arising from Mr Lavery’s conviction by Judge MacBride in May 2006 on harassment charges. The conviction was upheld on appeal in July 2009 but a six-month prison sentence, which was stayed pending the appeal, was suspended on conditions.
On Monday, Lily Buckley BL, for the DPP, said the Director was the appropriate respondent in the proceedings rather than the two judges. Counsel noted Mr Lavery had referred in this case to an affidavit by Judge MacBride but that affidavit related to other proceedings.
Mr Lavery opposed the application, reading from sections of his affidavit.
Referring to an affidavit, sworn by Judge MacBride himself for separate court proceedings in 2001, Mr Lavery said a solicitor for the DPP was seeking to remove that “self-damning” affidavit from this case.
He also alleged another Garda Sergeant had on one occasion threatened to arrest both Mr Lavery and his wife and to put their children into care. After Mr Lavery became upset, while reading that part of his affidavit, Mr Justice Kearns said he would read the rest of the document in his chambers.
When the judge returned, he said, because Mr Lavery had criticised aspects of Mr Justice Kearns’ handling of the judicial review case, it was appropriate the application to have the DPP joined should be heard by another judge.
In an affidavit on behalf of the DPP, a solicitor said it was apparent from the pleadings that Mr Lavery was making allegations “of the utmost seriousness” against a number of judges and other persons and, in his most recent affidavit, had alleged “abuse of process”. The DPP wanted to see all of the documents being relied on in this case.
In various affidavits, Mr Lavery alleges a number of gardaí engaged in harassing himself and his family after he had in 1999 made a report expressing concerns about the safety of Colette Johnson, ex-girlfriend of Garda Austin Woods.
Mr Lavery claims he had in December 1999 expressed concerns to a detective and a garda for the safety of Ms Johnson and her daughter. He claims the detective assured him he would do everything he could to protect them and phoned Mr Lavery later that night saying a superintendant had authorised an investigation “because of my suspicions”.
A statement was later taken from Ms Johnson and Gda Woods later lost his job and was convicted, Mr Lavery said. The detective, whom he had spoken to about the matter, refused to take a statement from Mr Lavery after saying Garda Woods was “too dangerous”, Mr Lavery alleged.
Mr Lavery said he was later asked would he give evidence for an action for damages by Ms Johnson against the State but he had said, because of the “ongoing abuse” he and his family were suffering since December 1999 from a particular Garda Sergeant and a Garda, he would only give evidence if summoned to court. That same Garda Sergeant later used “malicious” summonses to secure convictions against Mr Lavery in 2006, it is alleged.
On May 16, 2006, Mr Lavery was convicted by Judge MacBride and jailed for six months on charges of harassing the Garda Sergeant in question and that officer’s wife. Among several claims, it is alleged Mr Lavery claimed Judge MacBride imposed the conviction in the absence of evidence from the correct prosecuting Garda. It is also alleged Judge MacBride was abusive to Mr Lavery and denied him a fair hearing. He was released on bail the next day pending appeal and on conditions.
In July 2009, Judge O’Hagan dismissed his appeal but suspended his sentence and bound him to the peace for two years. Among various claims concerning that appeal, Mr Lavery alleges the correct prosecuting garda was not in court.