Courts Service says it has no power to revoke closures of two Tipperary courthouses

Uncertainty surrounds the future of Cashel and Carrick-on-Suir Courthouses following the surprise resignation of the judge who has directed the transfer of their district court sittings to Clonmel from November due to their “gravely inadequate” conditions.

District Judge Brian O’Shea, who has presided over district courts in south Tipperary for the past four years, tendered his resignation from the bench last week with the intention of resuming practising as a barrister in the Circuit and High Courts in the South East.

READ ALSO: South Tipperary's district court judge Brian O'Shea resigns from the bench

District court sittings are concluding for the summer this week and the Courts Service says a visiting judge will preside over south Tipperary’s district court sittings when they resume in September until a permanent replacement for Judge O’Shea is appointed.

Responding to a call by a Cashel councillor to review or reverse Judge O'Shea’s direction, the Courts Service said it had “no power to pause or revoke” the direction made by Judge O’Shea to transfer district court sittings from Cashel and Carrick to Clonmel with effect from November 1.

The Courts Service said Judge O'Shea’s direction to transfer sittings of Cashel and Carrick-on-Suir district courts from the courthouses in both towns to Clonmel Courthouse stands until it’s revoked by himself or the judge who replaces him after he leaves the bench.

Judge O’Shea wrote to the Head of Circuit & District Court Operations in March about his intention to transfer these district court sittings to Clonmel and also his intention to transfer district court sittings from Youghal Courthouse to Dungarvan.

The Court Services revealed that on July 15, Judge O'Shea revoked his direction relating to the transferring of Youghal District Court sittings to Dungarvan. But no such decision was made in relation to Cashel or Carrick-on-Suir District Court sittings.

The Tipperary Solicitors’ Bar Association is, meanwhile, challenging Judge O’Shea’s directions to transfer Cashel and Carrick Courthouse sittings to Clonmel in a High Court action.

Cashel Cllr Declan Burgess, who last week called on the Courts Service to review or reverse Judge O'Shea’s decision in relation to Cashel Courthouse, said the Judge’s unexpected departure raised serious questions about the future of these vital local court services.

He reiterated that he is completely opposed to the closure of Cashel Courthouse in his hometown.

“It is a deeply flawed and short-sighted decision that strips vital services from our town and severely limits access to justice for people across rural Tipperary.

“Rather than closing the courthouse, a modest investment in basic upgrades, such as improving toilet facilities, would be a far more practical and cost-effective solution.”

“I have been actively campaigning to keep Cashel Courthouse open and have formally contacted the Courts Service to seek urgent clarity. 

“With Judge O’Shea no longer in position, I’ve asked if the closure decision will now be reviewed or reversed. The people of Cashel deserve transparency and answers,” he added.

In correspondence with former Cashel councillor and mayor Tom Wood disclosed in May, Judge Brian O’Shea explained his decision to move court services at Cashel and Carrick-on-Suir courthouses to Clonmel stating “the courthouses are gravely inadequate in terms of infrastructure and the business conducted therein”.

“The situation is no longer defensible,” he wrote.

“It results in an inefficient use of resources, undermines the safety and dignity of those who appear before the court and stands in stark contrast to the basic requirements of a functioning, modern judicial system.”

In relation to Cashel Courthouse, Judge O’Shea said “the public toilets are disgustingly unhygienic, the interior suffers from chronic dampness and the waiting spaces are cramped and unable to hold more than a small number of people”.

He continued: “The Judge’s chamber has rising damp and cold. Superficial attempts at improvement, such as painting over damp or laying carpets that were then immediately ruined by careless foot traffic, do nothing to address the underlying problems.

“There is no secure parking. There are no private areas for victims or vulnerable witnesses and the Gardaí and Prison Officers face the same problems as in Carrick-on-Suir.

“The Gardai have no designated space and the prisoners are locked in prison vans waiting for their cases as there are no cells.”

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