London 3 July 2006: The Chief Justice of Ireland John L Murray has filed an application with the Royal Courts of Justice to stay the defamation proceedings issued against him by Giovanni Di Stefano.
The basis of his application is that England has no jurisdiction to try a Chief Justice of Ireland. The application lodged by leading London solicitors engaged by the Chief Justice (Fieldgate Fielder) states that the "publication by the defendant (Murray) took place on an occasion of absolute privilege."
Mr Di Stefano stated that "there is and can be no question of privilege even for the judiciary when malice and prejudice is involved as it was in the case of Patrick Holland. The Chief Justice identified a single case from the case management list and reserved it to himself. I was never asked by Mr Holland to 'act' for him merely to advise him. There is evidence the Chief Justice consulted others that will be disclosed at trial in a direct attempt at sabotaging the appeal of Mr Holland and it almost worked were it not for another High Court Judge in Ireland that in practise granted the time application refused by Chief Justice Murray."
The case revolves around the comments made in court by Chief Justice Murray that stated Mr Di Stefano had shown a 'remarkable ignorance of Irish Law' and had written a 'scandalous letter' to the Chief Justice and another Judge of the High Court. Mr Di Stefano issued proceedings in the High Court of Justice in London for defamation and filed an application with the Irish Government for the removal from office of the Chief Justice which was acknowledged by the Office of Bertie Ahern.
No Chief Justice of Ireland has even been subject to legal proceedings. The hearing will take place on 19th July 2006 at the Royal Courts of Justice. It is not known whether John L Murray the Chief Justice will appear.
Mr Di Stefano stated: "its not every day one has to sue a Chief Justice but no one is above the law as the old phrase goes 'be ye so high the law is above ye'."
Download application (pdf).
| Home | News | Cases | About us | Contact us | Links |
