MINISTER FOR JUSTICE Helen McEntee has confirmed the resignation of judge Gerard O’Brien, who was recently convicted of multiple cases of sexual assault.
McEntee had been under pressure to remove the judge from his post following the guilty verdict at the Central Criminal Court last month.
The circuit court judge was found guilty of sexually assaulting six young men while he was a teacher in the 1990s.
His decision to resign means an Oireachtas vote to force his removal has been avoided.
This is because the Constitution of Ireland states that a judge “shall not be removed from office except for stated misbehaviour or incapacity and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for their removal”.
To date, no judge has been removed and the phrase referring to “stated misbehaviour or incapacity” has never been judicially interpreted.
In a statement, McEntee said that “Circuit Court Judge Gerard O’Brien conveyed his resignation today, effective from 5 January.
“The resignation has been conveyed to the President in accordance with the requirements of section 6 (2) of the Courts (Establishment and Constitution) Act 1961.”
The Minister said she would make no further comment on the matter until the case was finalised and sentencing had been completed. The court case is adjourned until 4 March.
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