Judge recuses himself over perceived conflict in Dunne appeal
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A judge has recused himself over a perceived conflict in the case of Gayle Dunne, wife of developer Seán Dunne, who is appealing over his bankruptcy, the Irish Independent reports.
Mr Justice Seán Ryan, president of the Court of Appeal bought a house from Mr Dunne’s firm and had once met him.
While he at first thought this would not be a problem he changed his mind and decided to withdraw.
He said he removed himself from the case as it was possible “somebody might say I am surprised he did not recuse himself”.
Mr Justice Ryan, Ms Justice Máire Whelan and Mr Justice Michael Twomey had heard the case for less than half an hour when the court took a break for lunch.
The judge said he remembered something “that went back over 20 years” and could create a perception of conflict.
As such the case has been reconstituted and adjourned until the new year.
Ms Dunne’s appeal seeks to overturn a decision of the High Court in which she was refused permission to cross-examine a lawyer acting for the trustee in Mr Dunne’s bankruptcy in America.
In 2013 he was declared bankrupt in both Ireland and the US.
Irish bankruptcy official Chris Lehane opposed the application and the High Court found cross-examination unnecessary.
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