Facing legal fury, Hain hits back
PACEMAKER BELFAST 8/5/2007. Job done! Peter Hain pictured before he entered Stormont Parliment on the first day of the Northern Ireland Assembly. Picture Charles McQuillan/Pacemaker
UNDER mounting criticism for attacking one of Northern Ireland’s top judges, Peter Hain last night dismissed suggestions that his comments were an attempt to sell his £20 book, telling critics to “grow up”.
Responding to an unprecedented public censure by Lord Chief Justice Sir Declan Morgan for attacking the judge who found against him, Mr Hain told the News Letter that he “stands by every word” of what he said.
And the former secretary of state even suggested that Lord Justice Girvan — who he attacked in his book — could write his own memoirs to allow the public to decide who was right.
Yesterday Mr Hain faced increasing pressure for his highly unusual remarks about Mr Justice Girvan with Justice Minister David Ford describing the furore as “regrettable” and emphasising that ministers had a duty not to undermine judicial independence.
And last night the prominent solicitor who represented victims’ commissioner Bertha McDougall in the 2006 case, John McBurney, criticised Mr Hain.
Mr McBurney expressed “dismay and alarm” at Mr Hain’s “wholly unwarranted and outrageous attack on a highly respected and eminent judge”.
In his memoirs Mr Hain devoted two pages to criticising Lord Justice Girvan, claiming that he was “off his rocker” and “was going out of his way legally to damage me” in the 2006 case about the appointment of Mrs McDougall.
That led to a rare strongly-worded statement from the Lord Chief Justice, Sir Declan, in which he accused Mr Hain of “potentially an assault on the wider integrity of the entire judiciary” and said that he had made “serious allegations impugning the integrity” of one of the province’s most senior judges.
He said that the Appeal Court judge had been subjected to an “unwarranted and wholly inappropriate” attack because he had fulfilled his role as a judge to make an independent decision based on the evidence in front of him.
When it was put to Mr Hain that some will view this as him attempting to make money out of saying something outrageous to sell his £20 book, Mr Hain said: “Oh come on, grow up is my response to that.
“Memoirs are memoirs. If anyone else wants to write their memoirs — whether it’s Lord Justice Girvan or anybody involved — they can do so and people can do so.
“Nobody’s ever questioned my integrity before in the past, even when they disagreed with me.”
He added: “I stand by every word in my book. I’m not intending to add to or subtract from that. People can read it and make up their own minds.
“I think this is much ado about nothing.”
Mr Hain insisted that he and his officials had been “completely exonerated” after an appeal following Mr Justice Girvan’s 2006 judgment but admitted that there were “some issues of procedure and process which were raised and noted”.
Asked why he did not raise his concerns at the time but is doing so now in a book, Mr Hain said: “Well, there was a judicial process.”
When asked why he had not spoken about it after that process was over, he said: “These are my memoirs. Look, I had other things to do in my life, I wasn’t going to revisit all of this but I’ve just described exactly what happened and I stand by every word there and I repeat: All those criticised by the judge at the time ... were exonerated.”
When it was put to Mr Hain that it seemed contradictory for him to have been so scathing of Mr Justice Girvan in 2006 but to have promoted him to a more senior legal position the following year, Mr Hain said: “As I say, I stand by everything I’ve said in the book. You’ve read it, you can repeat it and that’s that.”
Mr Hain said he had not contacted either Mr Justice Girvan or other legal figures in Northern Ireland to express his concerns and added: “And nor would I have had any intention of ... these are my memoirs. I have faithfully told the entire story.”
Justice Minister Mr Ford said in a statement: “While I am obviously not in a position to comment on issues which relate to another administration — and these comments appear to reflect Peter Hain’s personal recollection — it does seem regrettable that this has occurred.
“It is clearly important that when ministers, past and present, comment on the judiciary they are alert to the need to ensure that neither the principle of judicial independence nor confidence in the administration of justice are undermined.
“As minister of justice, I am committed to ensuring that both the principle and reality of judicial independence are upheld.”
Local Conservative chairman Irwin Armstong described Mr Hain’s remarks as “an extraordinary and ill-advised outburst” and said the comments were particularly irresponsible as he is still a serving MP on the Labour front bench.
He said: “Given Judge Girvan’s senior position, Mr Hain is effectively attacking the whole of the judiciary in Northern Ireland. That may generate publicity for his book, but it can only damage and undermine the legal system here.
“The judiciary in Northern Ireland is rightly recognised for its resolute independence, impartiality and application of the highest standards and Mr Hain’s attack is wholly misplaced.”
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Tuesday 29 May 2012
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