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GAZETTF
OCTOBER 1992
Obituary
The Hon Mr Justice Niall McCarthy R.I.P.
The late Hon. Mr. Justice Niall
McCarthy. (Photo courtesy of The Irish
Times)
Tributes were paid to the late Mr.
Justice Niall McCarthy and his wife
Barbara in the Supreme Court at the
opening of the new term on 5
October last. The Chief Justice Mr.
T.A. Finlay spoke as did the
Attorney General H. Whelehan SC.
Adrian Bourke, President of the Law
Society; and Peter Shanley SC,
Chairman of the Bar Council, also
paid tribute.
In his tribute the Chief Justice said:
"Niall St. John McCarthy was called
to the Bar in Trinity Term 1946
having graduated with distinction in
Classics from University College
Dublin and having also achieved
distinction in the Final Examination
for the Degree of Barrister-at-Law at
the King's Inns.
He quickly achieved a wide and
varied practice as a Junior and was
admitted to the Inner Bar in
Michaelmas Term 1959.
From that time until he was
appointed to the Supreme Court in
1982 he was a leader of the Bar
enjoying a practice which was
breathtaking in its size and in its
remarkable diversity. His outstanding
ability as an examiner and cross-
examiner of witnesses led to a
situation in which, if available, he
appeared in nearly every notable
witness action.
His knowledge of law allied to his
special skill in the presentation of
legal arguments ensured his
participation as an advocate in a
very high proportion indeed of the
cases during that twenty-three years
in which fundamental questions of
Irish law, constitutional and
otherwise, were decided.
The esteem in which he was held by
his colleagues at the Bar inevitably
led to his being urged to accept
election as Chairman of the Bar
Council. His sense of duty just as
inevitably led to his making the very
real sacrifices involved in accepting
and he stamped that office with the
force of his unique drive and talents.
Very few people have come to the
Bench in recent times in Ireland, or
I would suspect elsewhere, with
better credentials. Contrary to the
consequence often resulting when
great advocates are appointed to the
Bench, Niall McCarthy in no way
belied the promise involved in those
credentials.
In my view, his career as a Judge of
the Supreme Court, cruelly
shortened even though it has been by
this tragedy, will in retrospect be
seen as his greatest contribution to
the development of the law and
indeed to the welfare of society in
Ireland.
His judgments which represent the
landmarks and monuments of his
judicial career are clear, articulate
and in many instances passionate in
their sincerity. A penchant for the
graphic and startling phrase not only
relieves the potential boredom of
reading judicial decisions, but
tellingly drives home the point of
view conveyed.
Through a very high proportion of
these rightly acclaimed judgments
there runs a golden thread which is
fundamental and consistent. It is a
deep and ruthless concern for the
underprivileged, the oppressed and
those threatened with abuse of power
from any source, whether public or
private.
As a colleague in a collegiate Court,
Niall McCarthy was superb. He had
a quick, inquisitive and well filled
mind and he applied it with great
energy and enthusiasm to the
judicial task.
His convictions he held strongly and
supported them with strenuous
argument. He engaged in real
dialogue both with counsel in court
and with his colleagues in
conference.
He had the capacity to convert or to
be converted by rational discussion.
His energey was boundless and found
outlets in many different spheres.
Must of it was directed towards
public charities such as the
Association for the Deaf in which he
and Barbara were very actively
engaged. Much more, even, I suspect,
was spent in acts of individual
kindness and help to those in distress
for any reason, which are known
only to those who received them.
Particularly he had a love of travel
and an interest in conferences and
meetings concerning the judiciary, the
law and human rights. On these
occasions he constituted a magnificent
ambassador for the Irish legal system
and indeed for Ireland."
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