Supreme Court Judge Donal O’Donnell presided over hearing Supreme Court Record No. 219 of 2005 on the 12 day of November 2015. There is a Digital Auditory Recording (DAR) of Judge O’Donnell’s voice during the full proceeding. On 21 November 2022, John Mahon, Supreme Court Registrar in his 21 November 2022 correspondence to Dr. Stephens confirmed that Judge O’Donnell would not comply with the Notice of Application under Article 64.3.3 or Article 64.4.1 Supreme Court No. 219 of 2005, Dr. Gerald J.P. Stephens and James Orange by authorizing release of a printed copy of the DAR.
The Supreme Court Notice of Application.No.4 at section No.5 requires the applicant to state the grounds for making the request for release of the DAR printed copy and is now reproduced below:
ADDENDUM Form No. 4 Section 5
Re: Notice of Application Under Article 64.3.3 or Article 64.4.1
Supreme Court No. 219 of 2005 DR. GERALD J.P. STEPHENS
AND JAMES ORANGE
The ex tempore judgment shows a false statement issued by the presiding Judge,
Mr. Justice O’Donnell and the Registrar in the matter of the voluntary agreement by
Gerald Stephens appearing in the DAR transcript.
Contemporary records of Dr. Gerald J.P. Stephens show Judge Dona O’Donnell’s
extra judicia question to the plaintiff: “If the court decides in your favour, what are
your pans?” The DAR transcript shows Judge O’Donnell repeating the question with
the additional statement that the court that he will not pursue any further action in
the matter.
The record shows that Mr. Justice McKeehnie concurred the judgment. It further
shows that he previously presided in the matter THE HIGH COURT 1999 387 DR.
GERALD STEPHENS AND JUDGE MICHAEL CONNELL AND THE
DIRECTOR OF PUBLIC PROSECUTIONS. The 21st December 2001
Judgment reveals full knowledge of Appellant Orange at paragraphs 9, 10, 11, 27.
Thus, there was not justification or legal grounds for the coercion shows to exist in
the DAR transcript. Further refusal to release the requested document will further
irreparably damage the nation’s highest court.
17 October 2022
The full account is published on: irishcourtswatch.org
Background: James Orange, a solicitor was brought up on complaint before the Solicitors Disciplinary Tribunal. The grounds included professional negligence as found to exist and recorded in the 21st day of December 2001 Judgment of Mr. Justice William M. McKechnie, The High Court No.1999 387 Judicial Review. The Tribunal was ordered by the President of the High Court on the 25th day of April 2005 to furnish to the High Court a report in accordance with Section 7(3)) of the Solicitors (Amendment) Act 1960.
James Orange immediately filed a Supreme Court Appeal against the High Court Order mandating that the Tribunal adhere to the statutory law to make the required report. The Orange Appeal is dated 10th day of June 2005. The historical import, and arguably the longest delay in the history of the Supreme Court, is that the appeal was not opened before the Supreme Court until the 12 day of November 2015 before a three-member panel presided over by Judge Donal O’Donnell.
Judge O’Donnell also presided over a three-member panel in the Supreme Court Appeal of Ledwidge Solicitors v Gerald J. P. Stephens High Court 2007 No. 666. The full details are reported in the published June 18 2019 irishcourtswatch.org article, Supreme Court Aborts Hearing Allegations of Pre-Trial Bias and Misprision – Court Conducts Hearing and Order in Absentia.
Judge Donal O’Donnell participated in support of Chief Justice Clarke’s demand for the resignation of the then newly appointed Supreme Court Justice, Seamus Woulfe.. The details are published in the irishcourtswatch.org, April 18, 2021, Imperial Chief Justice Clarke Stripped Naked. Judge O’Donnell’s enthusiasm for resignation does not seem to extend his personal documented extra judicial conduct.