Adrian Hardiman

Early life and education

Adrian Hardiman was born on 21 May 1951, in Coolock, Dublin. His father was a teacher and president of the Association of Secondary Teachers, Ireland (ASTI).

He was educated at Belvedere College, Dublin, and University College Dublin, where he studied history, and the King's Inns. He was president of the Student Representative Council at UCD and Auditor of the Literary and Historical Society (UCD)

Family

Hardiman was married to Judge Yvonne Murphy, from County Donegal, a judge of the Circuit Court between 1998 and 2012, who conducted important inquiries relating to sex abuse including the Murphy Report and the Cloyne Report. She has been chair of the Commission of Investigation into Mother and Baby homes.

Justice Hardiman and Judge Murphy had three sons, one of whom, Eoin, is a barrister and has been a member of the Mountjoy Prison Visiting Committee; Hugh, who was a personal assistant to Michael McDowell, when McDowell was Minister for Justice, Equality and Law Reform; and Daniel, a Doctor.

Political career

While involved with Fine Gael, he subsequently joined Fianna Fáil while a student in University College Dublin, and stood (unsuccessfully) for Fianna Fáil in the local elections in Dún Laoghaire in 1985. In 1985, he became a founder member of the Progressive Democrats, but left the party when he was appointed to the Supreme Court. He remained very friendly with the former party leader and ex-Tánaiste, Michael McDowell, who was a close friend at college, a fellow founding member of the party, and best man at his wedding.

Legal career

Hardiman was called to the Irish Bar in 1974, where he had a successful practice as a barrister, focusing on criminal law and defamation.

In a tribute following his death in 2016, President Michael D. Higgins said Justice Hardiman "was one of the great legal minds of his generation", who was "always committed to the ideals of public service". He was described as a "colossus of the legal world" by Chief Justice Susan Denham.

Politically, Hardiman supported the liberal side in Ireland's debates over abortion, being active in the "anti-amendment" campaign during the 1983 Abortion Referendum and later represented the Well Woman Centre in the early 1990s. After his death, he was described by Joan Burton as a liberal on social issues. But he could be an outspoken opponent of political correctness and a supporter of judicial restraint, such as when he rejected the Equality Authority's attempt to force Portmarnock Golf Club to accept women as full members. He also believed that certain decisions, such as those involving public spending, were better left to elected politicians rather than unelected judges, regardless of how unpopular that might sometimes be in the media (which he tended to hold in low esteem) and among what he described as the "chattering classes".

One commentator wrote that "Hardiman’s greatest contribution ...was the steadfast defence of civil liberties and individual rights" and that "He was a champion of defendants' rights and a bulwark against any attempt by the Garda Síochána to abuse its powers".

Key judgments

Hardiman wrote a number of important judgments since joining the Court. He also presided (as does each Supreme Court judge on a rotating basis) over the Court of Criminal Appeal. The following is a selection of judgments delivered by Justice Hardiman, in reverse chronological order: ;2007

• O'Callaghan -v- Judge Mahon:{{Cite BAILII
• Shortt -v- The Commissioner of An Garda Síochána:{{Cite BAILII
• P.H. -v- D.P.P.{{cite BAILII |access-date = 1 April 2007 |archive-date = 27 September 2007 |archive-url = https://web.archive.org/web/20070927182702/http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/e9f7d45984cbf7d780257272003f51ca?OpenDocument |url-status = live ;2006
• D.P.P. -v- Anthony Barnes:{{cite web |access-date = 1 April 2007 |archive-date = 27 September 2007 |archive-url = https://web.archive.org/web/20070927182516/http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/aded5c6b04f391478025725d00516c14?OpenDocument |url-status = live
• McK. -v- Homan{{cite BAILII |access-date = 1 April 2007 |archive-date = 27 September 2007 |archive-url = https://web.archive.org/web/20070927182713/http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/58df8e96001437ee80257234003bc1b2?OpenDocument |url-status = live
• N -v- Health Service Executive:{{cite BAILII |access-date = 1 April 2007 |archive-date = 6 July 2007 |archive-url = https://web.archive.org/web/20070706153511/http://www.courts.ie/judgments.nsf/597645521f07ac9a80256ef30048ca52/837eb16d950ee06a8025722500536f67?OpenDocument |url-status = live
• A. -v- The Governor of Arbour Hill Prison:{{cite BAILII
• C.C. -v- Ireland:{{cite BAILII ;2005
• O'Callaghan -v- The Hon. Mr. Justice Mahon{{cite BAILII ;2003
• Gough -v- Neary{{cite BAILII
• Lobe -v- Minister for Justice, Equality and Law Reform:{{cite BAILII ;2002
• Dunne -v- D.P.P.:{{cite BAILII
• Ardagh -v-. Maguire:{{cite BAILII ;2001
• DPP -v-. Davis:{{cite BAILII

Death

Hardiman died on 7 March 2016 at the age of 64. The eulogy at his funeral, which took place in the Church of the Holy Name in Ranelagh, was delivered by Michael McDowell. He said: "The fates have robbed us of someone who simultaneously excelled in his many different personae as husband, father, grandfather, an original thinker, an advocate and, for so many who are here, simply that of a loyal friend."

President Michael D Higgins and his wife Sabina, US Ambassador Kevin O'Malley and Chief Justice Ms Justice Susan Denham all paid their respects. Ex-TDs Lucinda Creighton, Mary Harney, Des O'Malley and Pat Rabbitte were also among those who signed a book of condolence, with Taoiseach Enda Kenny represented by his aide-de-camp.

Upon his death, his colleague Justices of the Supreme Court released an extensive statement acknowledging Hardiman's contributions to the court system and to the country.

Bibliography

• Hardiman, Adrian (2017). Joyce in Court. London: Head of Zeus. .

References

References

1. (7 March 2016). "Supreme Court judge Adrian Hardiman dies". [[The Irish Times]].
2. (7 March 2016). "Adrian Hardiman: A unique courtroom voice falls silent". [[The Irish Times]].
3. (31 January 1992). "Where are they now?". [[The Irish Times]].
4. (7 March 2016). "Who we are? Judge Yvonne Murphy". Mother and Baby Homes Commission of Investigation.
5. Mountjoy Prison Visiting Committee. (2005). "Mountjoy Prison Annual Report 2005". [[Department of Justice, Home Affairs and Migration.
6. Mountjoy Prison Visiting Committee. (2006). "Mountjoy Prison Annual Report 2006". [[Department of Justice, Home Affairs and Migration.
7. (11 March 2016). "'Prodigious talent' recalled as Judge Hardiman is laid to rest".
8. (7 March 2016). "President leads tributes to Mr Justice Hardiman". [[The Irish Times]].
9. (7 March 2016). "Ireland has lost a colossus of the legal world following the death of Supreme Court judge Adrian Hardiman". [[Irish Independent]].
10. (30 January 2000). "The judges matter more than the ministers". Irish Independent.
11. "Tributes paid to Supreme Court judge Adrian Hardiman after sudden death".
12. (10 March 2016). "Remarkable mind of Adrian Hardiman recalled at funeral". The Irish Times.
13. (2016-03-08). "Adrian Hardiman: Ebullient colleague who held strong opinions, but no grudges".