The Court of Appeal (COA) president George Birmingham was honoured with heartfelt accolades by the Chief Justice and Attorney General as he departed from his career of nearly fifty years last Friday. George Birmingham got his start in the legal profession in 1976 but took a detour into the political realm in 1981 serving as a Fine Gael TD for Dublin North Central, and acting as a state minister in three government offices.
In 1989 following the loss of his Dáil seat, he resumed his career in the legal sector, essentially ‘beginning anew’, at 35 with a young family. Chief Justice Donal O’Donnell described Birmingham’s approach to this challenge as one of immense perseverance, diligently building a significant repertoire in both civil and criminal law – asserting that there was no task that he wouldn’t take on. He achieved the status of senior counsel in 1999.
Commending his work ethic, resilience, skillset, and his embodiment of “grace under pressure”, he was bestowed with the role of a High Court judge in 2007. In 2014, he assumed the position of a judge at the COA, where he presided over the criminal division, transforming it into an effective and efficient operation.
In 2018, during challenging times as the court was swamped with cases, he was named the COA president and assertively advocated for the appointment of more judges, a demand that was realised. Despite suffering a severe illness, he exhibited an unwavering dedication to his duties, even against medical advice, noted the Chief Justice. Birmingham is described as “fair, balanced, friendly and calm”, warranting not just well-wishes but an immense debt of gratitude.
Attorney General Rossa Fanning also praised Birmingham, noting that upon returning to the Bar in 1989, his swift rise to the top echelons of the criminal Bar enabled him to spearhead some of the most intricate and sensitive cases for the Director of Public Prosecutions.
He carried out initial investigations into what came to be recognised as the inquiry into sexual misconduct by clergymen in Ferns’ Roman Catholic diocese. He presided over the commission probing the false murder confessions of Dean Lyons, a late heroin addict. He also headed the 1996 advisory assembly on criminal legislations and procedures.
Some significant verdicts that the judge passed were highlighted by the Attorney General, including a prime ‘guideline’ judgement on burglary situation sentencing. Furthermore, the judge had rejected Gemma O’Doherty’s and John Waters’ plea to challenge the Government’s approach to the Covid-19 pandemic. He asserted that any debatable case should, “at the very least, have a basis of reason and common sense” and not be “plainly and uncontroversially deemed ludicrous and nonsensical”.
The Attorney General assured him that he would be remembered “for his profound knowledge as well as his compassion, COA leadership and his pragmatism”.
Appreciation was also expressed by the DPP, Catherine Pierse, and on behalf of a range of entities including the Bar Council, Law Society, Courts Service, Judicial Council, An Garda Síochána, and court personnel.
Responding, Mr Justice Birmingham, who will be celebrating his 70th birthday next week, expressed gratitude to his wife Myra, family, and associates, as well as all those who had collaborated with him or under him over the years, his long-standing usher Joe Glanney included.
The “most satisfying” aspect of his judicial service, he stated, was attending to High Court cases of the most distressed teenagers in the country. He hoped to have introduced some “realism” to the constitutional responsibility of considering the child’s perspective.