Government in Crisis
Statement of Resignation

By Harry Whelehan
November 17, 1994
Reprinted in the Irish Times
November 18, 1994

IN HIS statement of resignation as President of the High Court yesterday, Mr Harry Whelehan said:

The Judiciary must at all times enjoy total and unquestioned public respect and its reputation for absolute independence and integrity are of paramount importance under the Constitution.

The vindication of my own good name in the light of recent unjust attacks and the feelings of my wife and family must yield to these considerations to prevent the Office of the President of the High Court being further embroiled in public controversy. I have therefore decided to tender to the President of Ireland my resignation from the position of President of the High Court.

I wish to put on public record the following facts:

1. I never saw any papers nor was I ever aware of the existence of warrants seeking the extradition of Father Brendan Smyth until very recently, by which time Father Smyth had commenced to serve the term of imprisonment which had been imposed on him.

2. It follows from the above, but I wish to expressly state that at no time was any representation made to me by any member of the Hierarchy or anyone acting on their behalf, or and other person or persons' concerning the extradition of Father Smyth. I am not aware of any such representations being made to any other persons.

3. In my letter to the Taosieach of last week setting out the facts of the Father Brendan Smyth case, I stated that the consequences of the Amendment of the Extradition Code by the 1987 Act had to be addressed for the first time. When I stated this, I believed this to be true. I did not recall the Duggan case. I very much regret this lapse of memory for two reasons:

a. That the information supplied by me to the Taoiseach was incorrect, and, b. had I remembered the Duggan case I would certainly have brought it to the attention of the Taoiseach, as a reading of that file would emphatically rebut the suggestion which was being made against me at that time, that I would try to delay any extradition proceedings because the person involved was a priest.

I will be making no further statement on this matter now or at any future time. As I am now no longer the holder of public office, I would earnestly ask the media to respect my privacy and that of my wife and family.