Judge recuses himself from case of woman accused of conducting illegal abortion protest in 'safe access zone'

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Judge Ciaran Moynagh told Antrim County Court that while he did not accept the criticisms levelled at him by Claire Brennan, he emphasised it was vital that “justice is not only done, but is seen to be done.”

He concluded that given the circumstances and the potential for a perception of bias, “I recuse myself from further involvement.”

In December last year 54-year-old Brennan, from the Doneysheil Road in Rasharkin, was convicted of doing an act in a safe access zone at the Causeway Hospital on 3 October 2023.

The charge details how she conducted “an anti-abortion protest, with the intention, or being reckless as to whether it would have the effect of influencing a protected person in connection with their attendance at the protected premises.”

She was also convicted of failing to comply with a direction to leave the zone on the same date and for those offences, a judge in the lower court fined her £750.

In the first case of its kind in Northern Ireland, the court heard how police had been called to the hospital following reports that two people were protesting within the safe access zone.

Despite “clear signage,” officers found an anti-abortion sign on display and tried to engage with the protestors who ignored their requests to leave, stating they were “morally obligated to protest.”

Brennan and 39-year-old David Hall, from Kingsbury Gardens in Coleraine, were arrested after they finally agreed to leave the zone but they were not taken into police custody.

Hall admitted his guilt but Brennan contested the case, maintained her innocence and lodged an appeal against both the conviction and the sentence.

Under The Abortion Services (Safe Access Zones) Act (Northern Ireland) 2023, which received Royal Assent on 6 February 2023, anti-abortion protests and other behaviours are prohibited within any Safe Access Zone once it has been established, and this may be enforced by the PSNI.

After Judge Moynagh heard the evidence in that appeal Brennan, who is representing herself in court, applied for the judge to recuse himself from the case.

In an application heard in September, she told Judge Moynagh she had lodged a complaint with the office of the Lady Chief Justice that he should not hear her case.

She said it had come to her attention that before His Honour was appointed as a County Court Judge earlier this year, he was the solicitor in a number of abortion rights and reform cases.

The mother-of-four claimed that Judge Moynagh had labelled himself, when he was a solicitor, as “an abortion activist for human rights.”

“You describe yourself as ‘challenging the status quo on abortion rights’,” Mrs Brennan told Judge Moynagh and put to him that, “you should remove yourself from my case.”

Brennan put to Judge Moynagh, “ask yourself, can you judge me fairly?“

“And if you can’t, I want another judge and I want a new judge and a new and fresh trial with a new judge,” she declared.

Having adjourned for the prosecution and defence to lodge skeleton arguments over the issue, Judge Moynagh delivered his ruling today (Tues).

As part of her skeleton argument, the defendant contended that when he was a solicitor, the judge had been awarded the accolade of Humanist of the Year in 2018 and that he gone on public record, as well as speaking in the media about “challenging the status quo on abortion rights.”

Brennan had also argued that he was bias given his involvement in advising people who had been charged with procuring illegal abortion pills on the internet as well as reviewing the law over same sex marriage.

Judge Moynagh told the court however, that in actual fact, he had been part of a team who, in a magazine article, had been labelled as ‘Humanist of the Year’ over their work for a review and legalisation of humanist marriages.

He said while Brennan was correct in that he had been involved, as a solicitor, in representing defendants who had been charged with procuring abortion pills online but equally, he had been involved as a lawyer “for many other defendants facing criminal charges.”

Brennan, said the judge, levelled a criticism at him that he described himself “as a privileged activist and a strategic litigator in challenging for abortion rights reform.”

Judge Moynagh said that quote came from a podcast interview and that having listened to it again, Brennan’s quote was not accurate.

He told the court what he actually said was that “it was a privilege to act on behalf of clients involved in abortion reform.”

“I do not believe that ‘strategic litigator’ is a criticism of any lawyer,” Judge Moynagh told the court.

He concluded that while he did not accept there is any apparent bias, nevertheless, “in recognition of the importance of public confidence in the administration of justice and that it is not only done but seen to be done, I have decided, out of an abundance of caution, to recuse myself from further involvement.”

Having removed himself from the case and adjourning to 27 November, he told Brennan her appeal will now be heard by a different judge.

ENDS

Copy by Paul Higgins