State solicitor rests his case

When Rory Hayden officially steps down as State Solicitor for County Cavan on September 30, he brings to a close not just a distinguished 30-year career, but also a rare chapter of continuity in Irish criminal law. Seamus Enright caught up with him recently...

Only the fourth person to hold the role since the foundation of the State, Rory Hayden’s retirement marks the end of a lineage stretching back more than a century. That torch now passes to the county’s first female State Solicitor, Fiona Baxter.

“That makes her only the fifth State Solicitor to serve in Cavan in 103 years, and the first woman appointed also, which I think is remarkable,” Mr Hayden reflects.

The office of State Solicitor in Cavan has long been defined by dedication and longevity - a tradition that began with Edward Duffy, a native of Kingscourt who resided in Virginia. Appointed following the Irish Civil War, Duffy served until his apparent sudden death in 1941.

He was succeeded by Patrick O’Reilly, of Bailieborough, whose tenure spanned until 1986.

Next came Eamon Thornton, whose legal mind was shaped working alongside Mr O’Reilly, and he in turn handed over to Mr Hayden in 1995, beginning a three-decade tenure defined by integrity and consistency.

Having chosen not to extend his tenure beyond the age of 65 years, Mr Hayden now leaves the role in the capable hands of Ms Baxter, a native of Ballymachugh. Based in Longford, she has already impressed Hayden with her professionalism and enthusiasm.

As State Solicitor, Mr Hayden’s primary duty was to act for the Director of Public Prosecutions (DPP) in all serious or indictable criminal cases within the county.

While many assume the role is a full-time appointment, Mr Hayden clarifies: “In my time, it was for life but in, or about 2007, it got changed to a 10-year contract. So most current serving State Solicitors are on 10-year contracts, that are renewable at the discretion of the DPP.”

Mr Hayden therefore was one of only two remaining “lifers” in the position at the time of retirement.

Last week in Portlaoise, the State Solicitors Association honoured him and others for their years of service.

Mr Hayden began his legal career in 1981, training under G.V. Maloney in Cavan Town. Three years later he co-founded a legal practice in Ballinagh with colleague Garrett Fortune, focusing on criminal law and litigation.

In 1995, when the State Solicitor role became available, Hayden applied and succeeded in landing the job.

He inherited what was a comparatively light caseload, one that could be counted on two hands - just six indictable files in total. But times have changed and that number has swollen. “At one stage, the indictable list in Cavan reached as high as 66 cases in a year,” Mr Hayden recalls. The county has changed and so too has the level of severity of the crime committed.

“We’re now averaging over 50 - that’s a near a tenfold increase in serious and indictable crime in the county.”

With volume came cases of more complexity. Defence solicitors became more “astute” too.

“There’s a high standard of criminal defence in Cavan,” Hayden acknowledges, not as a complaint, but almost with pride. “That makes your work harder and busier.”

Mr Hayden is the son of the late Peter Hayden, former County Secretary, known in his time for his quiet capacity to get things done. It is a trait that appears to have been passed on.

It’s easy to forget that prosecutions don’t exist in a vacuum. Behind every file is a dance. Prosecution. Defence. Guards. Victims. Witnesses. And then, of course, there is the judge. Despite it all Mr Hayden has never felt overwhelmed.

“I never felt burdened down by the job. I never felt dissatisfied with it. I never felt threatened or afraid.”

He attributes much of his success to willing collaboration. “My local colleagues are very honourable, very intelligent and very good at their jobs. There often has to be a compromise. Not every case is perfect. Not all the evidence stacks up,” he accepts.

For three decades, Mr Hayden served as a constant presence in Cavan’s courts - not as a star litigator might in some glitzy tense Netflix drama, but as a dependable voice guiding the machinery of justice. If his work were gardening, it might be considered gentle pruning.

Plea bargaining

There’s no bombast in Mr Hayden’s words either. No crusading rhetoric. He doesn't talk about locking up bad guys or swinging gavels. Instead, he says that if “every case were to go to full trial, the list would be enormous".

Justice delayed is justice denied, reminds Mr Hayden. “Deals get done - not in a shady way, but in a sensible way,” he states, understated and reasonably.

“It's very satisfying work, you know you're acting on the side of peace and justice,” adds Mr Hayden. “I am very happy knowing I've never prosecuted or convicted an innocent man. Equally, I'd be quite confident perhaps many guilty people also got acquitted. That's how the system works. The guilty people got put away, the really serious cases got dealt with properly, and the streets are safer because of that.”

Supports for victims

A keen observer of the justice system’s evolution, Mr Hayden is just as proud of the increase in support for victims of crimes, though he still believes more can and must be done in that regard.

The Victim’s Charter, he believes, is vital - though still needs work. “There are more rights for defendants than for victims. That has to be addressed.”

Jury system

He’s vocal also in his support of the jury system. While some complain about being summoned, Mr. Hayden considers the call a civic honour.

“It’s a brilliant experience,” he muses. “I would love to be able to serve, but I’m not allowed.”

And on the question of juries in Cavan?

“Traditionally, it’s hard to get a conviction. I think I’d subscribe to that, relative to other counties,” he says with a wry smile, though again he quickly chalks it up to the high quality of defence counsel in the region.

Mr Hayden’s good humour is as much a part of his professional identity as his legal acumen. It's something he mined gently, and respectfully, throughout his career.

“You need a sense of humour,” he insists. “I always enjoy a court where there’s good humour - it helps everyone. The system can be a scary place, for both lawyers and defendants, so a little bit of humour goes a long way. I feel it helps everyone breathe a little.”

Even in his parting words at a packed courtroom ceremony, Mr Hayden's wit remained intact.

“I’m not sure if everyone is familiar with the penalties for perjury,” he quipped after hearing a long list of tributes.

Once again, when speaking to the Celt, Mr Hayden extended heartfelt thanks to his family for their support, to his legal colleagues including business partner Angela Dolan; his legal assistants Sinead and Diane; long-time county prosecutor Monica Lawlor, and before her, the now Judge Alexander Owens.

He also expressed his warm appreciation to the judges, the DPP, County Registrar and representatives of the Court Services, An Garda Síochána, the Prison Service and Probation Service, Victim Support, and the many others who have worked with and alongside him down through the years.

His exit comes both as State Solicitor and the practice he founded on Farnham Street comes with little fuss and even less flourish except, perhaps, a knowing shrug.

Married to Elizabeth O’Neill from Ballyconnell, they raised three children- “none of whom went into the profession”.

“Maybe wisely,” jokes Rory who, in relative retirement is also aiming to scale down his classic car hobby, having recently acquired what he claims - with a grin - to be his “last” four-wheeled indulgence, a 2000 Ford Puma. “I promise it’ll be the last. But... it may not be either,” he laughs.

Only two State Solicitors in the country have served longer than Mr Hayden, according to Pádraig Mawe, President of the State Solicitors Association.

At his final day in Circuit Court in July, it was said that Mr Hayden had seen thousands of cases and helped shape Cavan’s legal landscape - with fairness, good humour, and a deep commitment to justice.

As the courtroom rose in a standing ovation, Mr Hayden closed with a final flourish: “A wise man once said you should never retire but reinvent yourself… so I might come back as an unbiased juror. Or maybe, not. I rest my case and thank you all.”