Peter Charleton Explained

Honorific-Prefix:The Hon. Mr. Justice
Office:Judge of the Supreme Court of Ireland
Term Start:14 July 2014
Nominator:Government of Ireland
Appointer:Michael D. Higgins
Office1:Judge of the High Court
Term Start1:13 April 2006
Term End1:14 July 2014
Nominator1:Government of Ireland
Appointer1:Mary McAleese
Birth Date:11 April 1956
Birth Place:Churchtown, Dublin, Ireland
Nationality:Irish
Children:3
Education:St Mary's College, Dublin

Peter Mitchel Andrew Charleton (born 11 April 1956[1] [2]) is an Irish judge who has served as a Judge of the Supreme Court of Ireland since June 2014. He previously served as a Judge of the High Court from 2006 to 2014.[3]

Early life

He was educated at St Mary's College, Dublin, Trinity College Dublin and King's Inns.[4] He was the Auditor of the College Historical Society between 1977 and 1978.[5] His immediate predecessor was Mary Harney. He was in the final of the Irish Times Debate in 1977 and won the Benchers' Trophy for legal debate with Alex Schuster in 1979.[6] As auditor of the CHS, his inaugural address was on the subject of "Republicanism Reviewed" and featured contributions from Conor Cruise O'Brien, John A. Murphy, Bernadette Devlin McAliskey, Mairéad Corrigan, Noël Browne and John Brooke, 2nd Viscount Brookeborough.[7]

Legal career

He was called to the Bar in 1979, and became a senior counsel in 1995. He was the first senior counsel to appear in an Irish court without a wig, following the enactment of the Courts and Court Officers Act 1995.[8] He was appointed to the Advisory Group on Criminal Law and Procedure in 1996 by Minister for Justice Nora Owen.[9]

His legal practice included appearing for the Director of Public Prosecutions in criminal trials.[10] He was prosecuting counsel in cases against Catherine Nevin for murder,[11] and Paul Ward and John Gilligan in the Special Criminal Court for the murder of Veronica Guerin.[12] [13] Charleton also represented clients as a criminal defence barrister and in family law, judicial review and commercial law cases.[14] He represented Christy Burke in a defamation action in 1996[15] and Eircom in a case related to the publication of a phone sex line in their telephone directory.[16] He defended Ritchie Neville and Jason "J" Brown of the boyband 5ive following charges arising out of an altercation in Temple Bar, Dublin in 2001.[17]

He worked as senior counsel for the Morris Tribunal into allegations of corruption in the Donegal division of the Garda Síochána. He was joined by Paul McDermott SC and Anthony Barr.[18] He left the Morris Tribunal two years before it finished to take up an appointment to the High Court.[19]

Charleton has also represented the State in cases before the European Court of Justice.[20] [21]

He is the author of a number books on criminal law and has also published on family and constitutional law, copyright, extradition and judicial review. He lectured in the King's Inns in the law of tort between 1982 and 1984, Trinity College Dublin in criminal law between 1986 and 1988, Fordham University, The University of Washington, and China University of Political Science and Law.[22] He is also an adjunct professor of criminal law and criminology at University of Galway and regularly delivers lectures there.https://www.universityofgalway.ie/business-public-policy-law/school-of-law/staff/schooloflaw/

He was Chairman of the National Archives of Ireland Advisory Council from 2011 to 2016, an unpaid position.

Judicial career

High Court

He was appointed as a Judge of the High Court in December 2006, and assigned to the Commercial Court from 2010. In 2014 he criticised a firm of stockbrokers for taking risks with the personal fortune of a person with special needs.[23] As a judge of the Central Criminal Court, in a case called The People (DPP) v WD he introduced sentencing bands for rape cases and followed this up with supervision of the Judicial Researchers Office to produce sentencing guidelines for a range of serious indictable crime.[24]

He has also acted as an ad hoc judge of the European Court of Human Rights.[25]

Supreme Court

He was nominated to the Supreme Court in June 2014 and appointed by President Michael D. Higgins in July 2014.[26] [27]

Charleton has written judgments for the Supreme Court on key aspects of criminal law. In 2016, he outlined the nature of consent in law in the context of sexual offences.[28] He developed the substance of Irish common law defences of duress and provocation in the Gleeson and McNamara cases respectively, in both instances deploying tests using mixed standards of objective and subjective elements.[29] [30]

Disclosures Tribunal

In 2017, he was appointed sole member of the Disclosures Tribunal investigation into allegations of Garda Síochána malpractice.[31] He published two substantive reports as chair of the Tribunal.[32]

The portion of the inquiry presided over by Charleton ran from February 2017 until October 2018.[33] In his findings from the inquiry, he found that a Garda sergeant, Maurice McCabe, had been subject to a smear campaign by the Garda Commissioner Martin Callinan and a Garda press officer, but not from subsequent Commissioner Nóirín O'Sullivan and other Gardaí.[34] He was also critical of the Child and Family Agency in handling claims of rape.[35]

In his concluding remarks on his findings, he criticised the Gardaí and the Child and Family Agency for not having organisational mentalities of learning from their errors. He was particularly critical of the credibility of evidence given by several senior members of the police force.[36] Drew Harris, O'Sullivan's successor as commissioner, said on its publication that the report was "difficult reading for the organisation" and the Gardaí would move to have "an open and inclusive culture".

Subsequently, he criticised the manner in which tribunals of inquiry are conducted in Ireland. He suggested that instead of being run in a format akin to criminal trials, the main aspect of the inquiry should be directed from the tribunal itself.[37] He later co-authored a journal article about his proposals for change.[38]

Personal life

He is married to Fiona Daly.[39] He has three children, Clara, Anna-Rose and Maitiú. He was a founder-member of the National Symphony Chorus RTÉ Philharmonic Choir and a member of the board of the Irish Baroque Orchestra.

Publications

Notes and References

  1. Charleton, Peter Mitchel Andrews, (born 11 April 1956), a Judge of the Supreme Court of Ireland, since 2014 . Who's Who . 1 December 2016 . 10.1093/ww/9780199540884.013.U287142.
  2. News: Collins . Stephen . Cabinet approves judicial appointments . 4 May 2020 . The Irish Times . 22 November 2006 . en . 21 October 2012 . https://web.archive.org/web/20121021213018/http://www.irishtimes.com/newspaper/ireland/2006/1122/1163947858447.html . live .
  3. News: Government nominates new Judge to the Supreme Court. TheJournal.ie. 17 June 2014. 25 July 2014. 26 July 2014. https://web.archive.org/web/20140726005423/http://www.thejournal.ie/peter-charleton-supreme-court-president-1522409-Jun2014/. live.
  4. News: Cabinet chooses High Court judge Peter Charleton for Supreme Court post. The Irish Times. 17 June 2014. 25 July 2014. 28 July 2014. https://web.archive.org/web/20140728204956/http://www.irishtimes.com/news/crime-and-law/cabinet-chooses-high-court-judge-peter-charleton-for-supreme-court-post-1.1835768. live.
  5. News: From Burke to the Little Red Book . 4 May 2020 . The Irish Times . 4 November 1997 . en.
  6. News: TCD society's officers . The Irish Times . 31 May 1977 . 15.
  7. News: Relations with NI discussed at debate . The Irish Times . 22 October 1977 . 5.
  8. News: Man shot in house at Tallaght . 25 April 2020 . The Irish Times . 12 January 1996 . en . 22 September 2021 . https://web.archive.org/web/20210922235719/https://www.irishtimes.com/news/man-shot-in-house-at-tallaght-1.21028 . live .
  9. Web site: Written Answers. - Working Groups and Committees. – Dáil Éireann (27th Dáil) – Wednesday, 5 Mar 1997 – Houses of the Oireachtas . www.oireachtas.ie . 3 May 2020 . en-ie . 5 March 1997 . 6 November 2019 . https://web.archive.org/web/20191106125429/https://www.oireachtas.ie/en/debates/debate/dail/1997-03-05/186/ . live .
  10. News: Disclosures Tribunal judge has made outing liars his life's work . 4 May 2020 . www.irishexaminer.com . 14 June 2017 . en . 18 June 2017 . https://web.archive.org/web/20170618143722/http://www.irishexaminer.com/viewpoints/analysis/disclosures-tribunal-judge-has-made-outing-liars-his-lifes-work-452372.html . live .
  11. News: Nevin widow accused of lies . 4 May 2020 . Irish Independent . 25 March 2000 . en.
  12. News: Court decision on Paul Ward appeal to take 'some time' . 4 May 2020 . Irish Independent . 9 March 2002 . en . 23 September 2021 . https://web.archive.org/web/20210923022407/https://www.independent.ie/irish-news/court-decision-on-paul-ward-appeal-to-take-some-time-26054442.html . live .
  13. News: Keena . Colm . Whistleblower inquiry: Peter Charleton known for independence . 4 May 2020 . The Irish Times . 18 February 2017 . en . 11 November 2020 . https://web.archive.org/web/20201111225002/https://www.irishtimes.com/news/crime-and-law/whistleblower-inquiry-peter-charleton-known-for-independence-1.2979854 . live .
  14. News: Judicial Appointment Notice . 4 May 2020 . DSBA . 14 November 2017 . https://web.archive.org/web/20171114074313/http://www.dsba.ie/news-events/judicial-appointment-notice.1805.html . live .
  15. News: SF man sues "Sun", RTE for "Devil" references . 4 May 2020 . The Irish Times . 9 May 2016 . en.
  16. News: Eircom say sex lines in phone book for 3 years . 4 May 2020 . The Irish Times . 1 July 2000 . en.
  17. News: Five band members in court again . 4 May 2020 . www.irishexaminer.com . 26 March 2001 . en.
  18. Web site: REPORT OF THE TRIBUNAL OF INQUIRY . Department of Justice and Equality . 4 May 2020 . 12 November 2020 . https://web.archive.org/web/20201112184048/http://www.justice.ie/en/JELR/Morris1stRpt.pdf/Files/Morris1stRpt.pdf . live .
  19. Web site: Mr. Justice Peter Charleton - NUI Galway . www.nuigalway.ie . 1 May 2021 . 1 May 2021 . https://web.archive.org/web/20210501112827/https://www.nuigalway.ie/business-public-policy-law/school-of-law/staff/newlyappointedadjunctprofessors2020/mrjusticepetercharleton/ . live .
  20. Albers and Others . C-425/97 to C-427/97 . 11 May 1999 . http://curia.europa.eu/juris/showPdf.jsf?docid=44578&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=8740148 . European Court of Justice. 4 May 2020.
  21. Commission v. Ireland. Case C-494/01 . European Court of Justice . 26 April 2005 . https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62001CJ0494 . 4 May 2020.
  22. Web site: Supreme Court Visit to NUI Galway . NUI Galway . 4 May 2020 . 1 November 2019 . https://web.archive.org/web/20191101194239/http://www.nuigalway.ie/media/law/docs/Supreme-Ct-Booklet-(Digital).pdf . live .
  23. Web site: Haughey v Davy. live. 2021-04-22. 2021-04-22. https://web.archive.org/web/20210422154946/https://www.casemine.com/judgement/uk/5da058ba4653d07dedfd6031.
  24. Web site: The People (DPP) v WD.
  25. O'Keeffe v Ireland. no. 35810/09. European Court of Human Rights . 28 January 2014 . https://www.dfa.ie/media/dfa/alldfawebsitemedia/ourrolesandpolicies/internationallaw/Okeeffe-v-ireland.pdf . 4 May 2020.
  26. News: Charleton nominated to the Supreme Court. Irish Independent. 18 June 2014. 25 July 2014. 25 September 2015. https://web.archive.org/web/20150925011540/http://www.independent.ie/irish-news/courts/charleton-nominated-to-the-supreme-court-30363206.html. live.
  27. Web site: President appoints Mr Justice Peter Charleton as Supreme Court Judge . President.ie . 4 May 2020 . 19 December 2020 . https://web.archive.org/web/20201219204311/https://president.ie/en/diary/details/aras-an-uachtarain-16 . live .
  28. News: Keena . Colm . 'Unreasonable' belief consent was given is defence to rape, court ruled . 1 May 2021 . The Irish Times . en . 9 November 2020 . https://web.archive.org/web/20201109042004/https://www.irishtimes.com/news/social-affairs/unreasonable-belief-consent-was-given-is-defence-to-rape-court-ruled-1.3446000 . live .
  29. News: Supreme Court: Trial judge did not misdirect jury in prison officer's trial for drug possession . 1 May 2021 . Irish Legal News . en . 1 May 2021 . https://web.archive.org/web/20210501131752/https://irishlegal.com/article/supreme-court-trial-judge-did-not-misdirect-jury-in-prison-officer-s-trial-for-drug-possession . live .
  30. News: The Provocation Defence in Ireland – Criminal Justice Notes . 1 May 2021 . University of Kent . 1 May 2021 . https://web.archive.org/web/20210501131750/https://blogs.kent.ac.uk/criminaljusticenotes/2020/07/30/the-provocation-defence-in-ireland/ . live .
  31. Web site: Judge outlines details of McCabe tribunal. 27 February 2017. RTÉ.ie. 27 February 2017. 27 February 2017. https://web.archive.org/web/20170227035342/http://www.rte.ie/news/2017/0227/855663-trbunal/. live.
  32. Web site: 2018 Supreme Court Annual Report . Supreme Court . 21 April 2019 . 2018 . 21 December 2019 . https://web.archive.org/web/20191221193853/http://www.supremecourt.ie/supremecourt/sclibrary3.nsf/(WebFiles)/721D16DCC8DE6F45802583B00037C20A/$FILE/2018%20Supreme%20Court%20Annual%20Report.pdf . live .
  33. News: Q&A: The Charleton Tribunal explained . 4 May 2020 . Breaking News . 11 October 2018 . 10 April 2019 . https://web.archive.org/web/20190410185252/https://www.breakingnews.ie/ireland/qa-the-charleton-tribunal-explained-875131.html . live .
  34. News: McCabe 'happy' but report 'hard to take' . 4 May 2020 . RTÉ News . 11 October 2018 . en . 15 November 2019 . https://web.archive.org/web/20191115122352/https://www.rte.ie/news/politics/2018/1011/1002457-disclosures-tribunal-report/ . live .
  35. News: Thomas . Conal . Tribunal 'might have been unnecessary' had Tusla admitted what happened with McCabe allegation . 4 May 2020 . TheJournal.ie . 11 October 2018 . en . 14 December 2019 . https://web.archive.org/web/20191214134653/https://www.thejournal.ie/a-catalogue-of-mistakes-and-failures-meant-that-maurice-mccabe-was-accused-of-digitally-penetrating-a-child-and-it-was-the-job-of-the-disclosures-tribunal-to-find-out-how-it-happened-although-i-thin-4280206-Oct2018/ . live .
  36. Web site: Third interim report of the tribunal of inquiry into protected disclosures . Disclosures Tribunal . 4 May 2020 . 292–300 . 15 February 2020 . https://web.archive.org/web/20200215085616/http://www.disclosuretribunal.ie/en/DIS/Third%20Interim%20Report.pdf/Files/Third%20Interim%20Report.pdf . live .
  37. News: Mr Justice Charleton calls for 'rebalancing' of tribunals of inquiry system . 4 May 2020 . Irish Legal News . 22 July 2019 . en.
  38. Charleton . Peter . Herlihy . Ciara . Carey . Paul . Clocha Ceangailte agus Madraí Scaoilte or How Tribunals of Inquiry Ran Away from Us . Dublin University Law Journal . 2019 . 41 . 2.
  39. News: Hitting a high note . 3 May 2020 . The Irish Times . 10 May 1997 . en.

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