Judge engaged directly with developers over proposed property deal with Courts Service

A Circuit Court judge made direct contact with a firm of property developers regarding the proposed purchase of one of their buildings by the state for use as a new courthouse in Galway, Galway Live can reveal.

Judge Brian O’Callaghan also engaged with an elected member of Galway County Council regarding the possibility of using the local authority’s land for the development of a new courts complex.

In an email to Courts Service officials last November, Judge O’Callaghan told them that he had contacted agents for the Comer Group regarding the “lease or purchase” of a property.

The property in question was Abhainn na mBradán – the former Born Clothing building in Newtownsmith, which was under consideration as a possible location for new court accommodation.

Judge O’Callaghan reported that the Comer Group – owned by Glenamaddy property billionaires Luke and Brian Comer – was willing to reopen discussions with the Courts Service, urging them to “please, please follow up”.

The provision, management, leasing and acquisition of court buildings is a statutory executive function reserved for the Courts Service under Section 5 of the Courts Service Act 1998.

Judicial conduct standards and ethics guidelines also require judges to maintain strict detachment from commercial negotiations, to avoid using the prestige of judicial office to advance non-judicial transactions, and to preserve perceived and actual impartiality in relation to parties that could appear before the courts.

A spokesman for the Courts Service told Galway Live that Judge O’Callaghan’s actions at all times “were motivated by the desire to improve court accommodation in Galway”.

“Judge O’Callaghan sought to progress matters by bringing to the attention of the Courts Service possible venues that might be suitable for court use. [He] did not involve himself in any commercial negotiations that followed,” added the spokesman.

He acknowledged that decisions relating to the acquisition or development of court accommodation was an executive function of the Courts Service, and said judges were not delegated authority to enter into negotiations on any property transaction.

“The Courts Service recognises that members of the judiciary may, from time to time, identify operational requirements or bring potential accommodation opportunities to the attention of the Service,” he added.

The spokesman said questions in relation to judicial conduct and ethics is not a matter for the Courts Service.

Emails seen by Galway Live reveal that Judge O’Callaghan also wrote to Courts Service officials last year, urging them to lodge an expression of interest in using the former arthouse cinema on Merchants Road as a family law court.

“Councillor Peter Keane is our contact person who can arrange immediate inspection by [the] Court Service (sic). We already lost one property… please don’t miss this one,” he wrote.

The correspondence also shows that Judge O’Callaghan was in contact with Galway County Councillor James Charity regarding proposals for the development of a courts complex on the car park at County Hall.

Mr Charity forwarded correspondence to the judge that he had received from a director of services with Galway County Council, revealing details of an appraisal carried out for the local authority by an engineering firm.

Prior to being appointed to the Circuit Court in 2015, Judge O’Callaghan worked as a solicitor in Galway and was Fine Gael’s director of elections for the local elections in 2014.

Judge O’Callaghan and the Judicial Council did not respond to queries.