8/14/2019 Affidavit sworn by Josephine Nolan on 11 November
2009
1/3
High Court Record Number 2007 52 CA
THE HIGH COURT
BETWEEN
PATRICK KELLY
PLAINTIFF
AND
NATIONAL UNIVERSITY OF IRELAND, DUBLIN
AKA UNIVERSITY COLLEGE DUBLIN (UCD)
DEFENDANT
AND
THE DIRECTOR OF THE EQUALITY TRIBUNAL
NOTICE PARTY
AFFIDAVIT OF JOSEPHINE NOLAN
I, Josephine Nolan, of 11 Deansrath Avenue, Clondalkin, Dublin
22, being 18 years and upwards,
MAKE OATH and say as follows:
1. I am the mother of the Plaintiff, Patrick Kelly, and I make
this affidavit from facts within
my own knowledge save where otherwise appears and, where so
appearing, I believe the
same to be true.
2. I was present in court on 31 July 2008 when Mr Justice
McKechnie gave his oral ruling; I
witnessed what took place.
3. There is abuse information in these documents, Mr Justice
McKechnie said in his oral
ruling on 31 July 2008. It was, he made clear, on that ground
that he would exercise
his discretion under national lawin favor of the other
applicants right to
confidentiality. He explained that he will refuse Patrick Kellys
application under Order
57A, Rule 6(6), of the Circuit Court Rules if he is not
precluded from doing so by
Community law.
8/14/2019 Affidavit sworn by Josephine Nolan on 11 November
2009
2/3
4. I have read the written copy provided to the Plaintiff of the
ruling Mr Justice McKechnie
delivered on 4 November 2009. I was also in Court 16 at 13.30 on
4 November 2009
when Mr Justice read out his ruling. I know that Mr Justice
McKechnie has said that the
ground he put forward on 31 July 2009 for refus[ing] the
Plaintiffs application is that
the documentscontained information which was personal in nature,
and which related
to abuse or other sensitive personal events, experienced or
witnessed by the successful
applicants. That is not what Mr Justice McKechnie said on 31
July 2008, however. It is
not the ground he put forward on 31 July 2008.
5. Mr Justice McKechnies ground for refusing, under national
law, the Plaintiffs
application under Order 57A, Rule 6(6), of the Circuit Court
Rules was that the
documents the Plaintiff has asked for contain abuse
information.
6. Mr Justice McKechnie, in particular, did not utter the words
or other sensitive personal
events when stating on 31 July 2008 his ground for refusing,
under national law, the
Plaintiffs application. Nor did he say that the information in
the documentswas
personal in nature. He said the documents contain abuse
information. That was the
reason he gave on 31 July 2008 for refusing, under national law,
the Plaintiffs
application.
_______________________
Josephine Nolan
SWORN by the said Josephine Nolan
This 11th
day of November 2009
At
Before me a Commissioner for Oaths/ Practicing
Solicitor and I know the Deponent.
_____________________________
Commissioner for Oaths/ Practicing Solicitor
Filed by and on behalf of the Plaintiff, Patrick Kelly, this
12th day of November 2009.
