{{Short description|Irish supreme court judge (1951–2016)}} {{Use dmy dates|date=December 2023}} {{Use Hiberno-English|date=December 2023}} {{Infobox officeholder | image = Adrian Hardiman - 20090224.jpg | office = Judge of the [[Supreme Court of Ireland|Supreme Court]] | term_start = 7 February 2000 | term_end = 7 March 2016 | nominator = [[Government of the 28th Dáil|Government of Ireland]] | appointer = [[Mary McAleese]] | birth_date = {{birth date|1951|5|21|df=y}} | birth_place = [[Coolock]], [[Dublin]], Ireland | death_date = {{death date and age|2016|3|7|1951|5|21|df=y}} | death_place = [[Portobello, Dublin|Portobello]], Dublin, Ireland | spouse = {{marriage|[[Yvonne Murphy]]|1981}} | children = 3 | education = [[Belvedere College]] | alma_mater = {{Ubl|[[University College Dublin]]|[[King's Inns]]}} |}} '''Adrian Hardiman''' (21 May 1951 – 7 March 2016) was an Irish judge who served as a Judge of the [[Supreme Court of Ireland|Supreme Court]] from 2000 to 2016.<ref name="death">{{cite news | url=http://www.irishtimes.com/news/ireland/irish-news/supreme-court-judge-adrian-hardiman-dies-1.2563039 | newspaper=[[The Irish Times]] | title=Supreme Court judge Adrian Hardiman dies | date=7 March 2016 | access-date=7 March 2016 | archive-date=7 March 2016 | archive-url=https://web.archive.org/web/20160307234701/http://www.irishtimes.com/news/ireland/irish-news/supreme-court-judge-adrian-hardiman-dies-1.2563039 | url-status=live }}</ref>
==Early life and education== Adrian Hardiman was born on 21 May 1951, in [[Coolock]], [[Dublin]].<ref name="death"/> His father was a teacher and [[Association of Secondary Teachers, Ireland#President|president]] of the [[Association of Secondary Teachers, Ireland]] (ASTI).<ref name="death"/>
He was educated at [[Belvedere College]], Dublin, and [[University College Dublin]], where he studied history, and the [[King's Inns]].<ref name="death"/> He was president of the Student Representative Council at UCD<ref name=IT2016-03-07a>{{cite news | url=http://www.irishtimes.com/news/crime-and-law/adrian-hardiman-a-unique-courtroom-voice-falls-silent-1.2563641 | newspaper=[[The Irish Times]] | title=Adrian Hardiman: A unique courtroom voice falls silent | date=7 March 2016 | access-date=8 March 2016 | archive-date=8 March 2016 | archive-url=https://web.archive.org/web/20160308103704/http://www.irishtimes.com/news/crime-and-law/adrian-hardiman-a-unique-courtroom-voice-falls-silent-1.2563641 | url-status=live }}</ref> and Auditor of the [[Literary and Historical Society (University College Dublin)|Literary and Historical Society (UCD)]]<ref name=IT2016-03-07a/> and won [[The Irish Times]] [[Irish Times National Debating Championship|National Debating Championship]] in 1973.<ref name="where">{{cite news |url=http://www.irishtimes.com/newspaper/archive/1992/0131/Pg009.html |title=Where are they now? |date=31 January 1992 |newspaper=[[The Irish Times]] |page=9 |accessdate=2009-04-18 |archive-date=13 October 2012 |archive-url=https://web.archive.org/web/20121013180644/http://www.irishtimes.com/newspaper/archive/1992/0131/Pg009.html |url-status=live }}</ref>
==Family== Hardiman was married to Judge [[Yvonne Murphy]],<ref name="death"/> from [[County Donegal]],<ref name="SBP2009-11-29a"/> a judge of the [[Circuit Court (Ireland)|Circuit Court]] between 1998 and 2012, who conducted important inquiries relating to sex abuse including the [[Murphy Report]] and the [[Sexual abuse in Cloyne diocese|Cloyne Report]].<ref name=mbhcoi01a>{{cite news | url=http://www.mbhcoi.ie/MBH.nsf/page/Judge%20Yvonne%20Murphy | work=Mother and Baby Homes Commission of Investigation | title=Who we are? Judge Yvonne Murphy | date=7 March 2016 | access-date=8 March 2016 | archive-date=12 March 2016 | archive-url=https://web.archive.org/web/20160312105758/http://www.mbhcoi.ie/MBH.nsf/page/Judge%20Yvonne%20Murphy | url-status=live }}</ref> She has been chair of the [[Commission of investigation (Ireland)|Commission of Investigation]] into [[Bon Secours Mother and Baby Home|Mother and Baby homes]].<ref name=mbhcoi01a/>
Justice Hardiman and Judge Murphy had three sons,<ref name="SBP2009-11-29a"/> one of whom, Eoin, is a barrister<ref name="SBP2009-11-29a"/> and has been a member of the ''[[Mountjoy Prison]] [[Visiting committee|Visiting Committee]]'';<ref name="DOJ2005a">{{cite web| url=http://www.justice.ie/en/JELR/MountjoyVCRpt05en.pdf/Files/MountjoyVCRpt05en.pdf| publisher=[[Department of Justice, Home Affairs and Migration|Department of Justice]]| title=Mountjoy Prison Annual Report 2005| author=Mountjoy Prison Visiting Committee| date=2005| accessdate=8 March 2016| archive-date=25 April 2016| archive-url=https://web.archive.org/web/20160425023403/http://www.justice.ie/en/JELR/MountjoyVCRpt05en.pdf/Files/MountjoyVCRpt05en.pdf| url-status=live}}</ref><ref name="DOJ2006a">{{cite web| url=http://www.justice.ie/en/JELR/Mountjoy%20Prison.pdf/Files/Mountjoy%20Prison.pdf| publisher=[[Department of Justice, Home Affairs and Migration|Department of Justice]]| title=Mountjoy Prison Annual Report 2006| author=Mountjoy Prison Visiting Committee| date=2006| accessdate=8 March 2016| archive-date=25 April 2016| archive-url=https://web.archive.org/web/20160425023458/http://www.justice.ie/en/JELR/Mountjoy%20Prison.pdf/Files/Mountjoy%20Prison.pdf| url-status=live}}</ref> Hugh, who was a personal assistant to [[Michael McDowell (politician)|Michael McDowell]], when McDowell was [[Minister for Justice, Home Affairs and Migration|Minister for Justice, Equality and Law Reform]];<ref name="SBP2009-11-29a"/> and Daniel, a Doctor.<ref>{{cite web | url = https://www.independent.ie/irish-news/news/prodigious-talent-recalled-as-judge-hardiman-is-laid-to-rest-34530813.html | website = independent.ie | title = 'Prodigious talent' recalled as Judge Hardiman is laid to rest | date = 11 March 2016 | access-date = 20 September 2018 | archive-date = 20 September 2018 | archive-url = https://web.archive.org/web/20180920122658/https://www.independent.ie/irish-news/news/prodigious-talent-recalled-as-judge-hardiman-is-laid-to-rest-34530813.html | url-status = live }}</ref><ref name="SBP2009-11-29a"/>
==Political career== While involved with Fine Gael, he subsequently joined [[Fianna Fáil]] while a student in University College Dublin,<ref name=IT2016-03-07a/><ref name="SBP2009-11-29a">{{cite news| url=http://www.irishsalem.com/individuals/accused/bishop-john-magee/judgeyvonnemurphy-29nov09.php| work=[[Sunday Business Post]]| title=Murphy's Law (Profile of Judge Yvonne Murphy)| author=Kieron Wood| date=29 November 2009| accessdate=8 March 2016| archive-date=18 March 2017| archive-url=https://web.archive.org/web/20170318054219/http://www.irishsalem.com/individuals/accused/bishop-john-magee/judgeyvonnemurphy-29nov09.php| url-status=usurped}}(article copy is held at IrishSalem.com)</ref> and stood (unsuccessfully) for Fianna Fáil in the local elections in [[Dún Laoghaire]] in 1985.<ref name=IT2016-03-07a/><ref name="death"/> In 1985, he became a founder member of the [[Progressive Democrats]],<ref name=IT2016-03-07a/> but left the party when he was appointed to the Supreme Court.<ref name="SBP2009-11-29a"/> He remained very friendly with the former party leader and ex-[[Tánaiste]], [[Michael McDowell (politician)|Michael McDowell]],<ref name="SBP2009-11-29a"/> who was a close friend at college,<ref name=IT2016-03-07a/> a fellow founding member of the party,<ref name="death"/> and [[best man]] at his wedding.<ref name="SBP2009-11-29a"/>
==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.<ref name=IT2016-03-07a/> In 2000, he received the rare honour of being appointed directly from the Bar to the Supreme Court, [[Republic of Ireland|Ireland]]'s highest court.<ref name=IT2016-03-07a/><ref name="Indo01a">{{cite news| url=http://www.independent.ie/irish-news/news/supreme-court-judge-mr-justice-adrian-hardiman-passes-away-34517352.html| work=[[Irish Independent]]| title=Supreme Court judge Mr Justice Adrian Hardiman passes away| author=Louise Kelly| date=7 March 2016| accessdate=8 March 2016| archive-date=9 March 2016| archive-url=https://web.archive.org/web/20160309021932/http://www.independent.ie/irish-news/news/supreme-court-judge-mr-justice-adrian-hardiman-passes-away-34517352.html| url-status=live}}</ref>
In a tribute following his death in 2016, [[President of Ireland|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".<ref>{{cite news | url=http://www.irishtimes.com/news/ireland/irish-news/president-leads-tributes-to-mr-justice-hardiman-1.2563070 | newspaper=[[The Irish Times]] | title=President leads tributes to Mr Justice Hardiman | date=7 March 2016 | access-date=8 March 2016 | archive-date=8 March 2016 | archive-url=https://web.archive.org/web/20160308103855/http://www.irishtimes.com/news/ireland/irish-news/president-leads-tributes-to-mr-justice-hardiman-1.2563070 | url-status=live }}</ref> He was described as a "colossus of the legal world" by [[Chief Justice of Ireland|Chief Justice]] [[Susan Denham]].<ref>{{cite news | url=http://www.independent.ie/irish-news/courts/ireland-has-lost-a-colossus-of-the-legal-world-following-the-death-of-supreme-court-judge-adrian-hardiman-34518358.html | work=[[Irish Independent]] | title=Ireland has lost a colossus of the legal world following the death of Supreme Court judge Adrian Hardiman | date=7 March 2016 | access-date=8 March 2016 | archive-date=8 March 2016 | archive-url=https://web.archive.org/web/20160308122629/http://www.independent.ie/irish-news/courts/ireland-has-lost-a-colossus-of-the-legal-world-following-the-death-of-supreme-court-judge-adrian-hardiman-34518358.html | url-status=live }}</ref>
Politically, Hardiman supported the liberal side in Ireland's debates over abortion, being active in the "anti-amendment" campaign during the [[Eighth Amendment of the Constitution of Ireland|1983 Abortion Referendum]] and later represented the Well Woman Centre in the early 1990s.<ref>{{cite news| url=http://www.independent.ie/opinion/analysis/the-judges-matter-more-than-the-ministers-512778.html | work=Irish Independent | title=The judges matter more than the ministers | date=30 January 2000}}</ref> After his death, he was described by [[Joan Burton]] as a liberal on social issues.<ref>{{Cite web |url=http://www.rte.ie/news/2016/0307/773092-adrian-hardiman-dies/ |title=Tributes paid to Supreme Court judge Adrian Hardiman after sudden death |website=[[RTÉ.ie]] |access-date=8 March 2016 |archive-date=8 March 2016 |archive-url=https://web.archive.org/web/20160308022114/http://www.rte.ie/news/2016/0307/773092-adrian-hardiman-dies/ |url-status=live }}</ref> But he could be an outspoken opponent of [[political correctness]] and a supporter of judicial restraint, such as when he rejected the [[Irish Human Rights and Equality Commission|Equality Authority]]'s attempt to force [[Portmarnock Golf Club]] to accept women as full members.<ref name=IT2016-03-07a/> 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 [[Mass media|media]] (which he tended to hold in low esteem) and among what he described as the "[[chattering classes]]".<ref name=IT2016-03-07a/>
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".<ref name=IT2016-03-07a/> His concern for individual rights was not confined to Ireland: in February 2016, he criticized what he described as the radical undermining of the [[presumption of innocence]], especially in sex cases, by the methods used in the UK's [[Operation Yewtree]] inquiry into historical sex allegations against celebrities, and he also criticized "experienced lawyer" and then US presidential candidate [[Hillary Clinton]] for allegedly declaring in January that "every accuser was to be believed, only to amend her view when asked if it applied to women who had made allegations against her husband", former [[US President]] [[Bill Clinton]].<ref name="Innocence01a">{{cite news | url=http://www.irishtimes.com/news/crime-and-law/hardiman-questions-methods-of-uk-sex-claim-inquiries-1.2533054 | newspaper=[[The Irish Times]] | title=Hardiman questions methods of UK sex-claim inquiries | date=13 February 2016 | accessdate=7 March 2016 | archive-date=8 March 2016 | archive-url=https://web.archive.org/web/20160308220529/http://www.irishtimes.com/news/crime-and-law/hardiman-questions-methods-of-uk-sex-claim-inquiries-1.2533054 | url-status=live }}</ref>
==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'':<ref>{{Cite BAILII |country=ie |litigants=O'Callaghan v Judge Mahon |court=IESC |year=2007 |num=S17 |date=30 March 2007}}</ref> dissent; holding that Tribunal of Inquiry should be prevented from further inquiring into the applicants; cites ''R -v- Lynch'' (1829) – the Doneraile Conspiracy case – in which by skilful cross-examination Daniel O'Connell secured acquittals on capital charges; concluded that the contrary approach "would represent a very marked coarsening of our standards of procedural fairness." * ''Shortt -v- The Commissioner of An Garda Síochána'':<ref>{{Cite BAILII |litigants=Shortt v The Commissioner of An Garda Síochána |court=IESC |num=S9 |year=2007 |date=21 March 2007}}</ref> one of two judgments, in which the Court more than doubled (€1.9m to €4.7m) the damages granted to a man wrongfully imprisoned for over two years after two members of the [[Garda Síochána]] concocted evidence against him * ''P.H. -v- D.P.P.''<ref>{{cite BAILII |litigants = P.H. v D.P.P. |link = |court = IESC |year = 2007 |num = S3 |para = |eucase = |parallelcite = |date = 29 January 2007 |courtname = auto }}</ref><ref>{{cite web |url = http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/e9f7d45984cbf7d780257272003f51ca?OpenDocument |title = P.H. -v- D.P.P. |publisher = Supreme Court of Ireland |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 }}</ref> ;2006 * ''D.P.P. -v- Anthony Barnes'':<ref>{{cite web |url = http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/aded5c6b04f391478025725d00516c14?OpenDocument |title = D.P.P. v Anthony Barnes [2006] IE CCA 165 |date = 21 December 2006 |publisher = Supreme Court of Ireland |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 }}</ref> discusses and restates the criminal law of self-defence in the case of burglary * ''McK. -v- Homan''<ref>{{cite BAILII |litigants = McK. v Homan |link = |court = IESC |year = 2006 |num = S63 |parallelcite = |date = 28 November 2006 |courtname = auto }}</ref><ref>{{cite web |url = http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/58df8e96001437ee80257234003bc1b2?OpenDocument |title = McK. v Homan [2006] IESC 63 |publisher = Supreme Court of Ireland |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 }}</ref> * ''N -v- Health Service Executive'':<ref>{{cite BAILII |litigants = N. & another -v- Health Service Executive & others |court = IESC |year = 2006 |num = S60 |para = |eucase = |parallelcite = |date = 13 November 2006 |courtname = |juris = }}</ref><ref>{{cite web |url = http://www.courts.ie/Judgments.nsf/597645521f07ac9a80256ef30048ca52/837EB16D950EE06A8025722500536F67?opendocument |title = N v Health Service Executive [2006] IESC 60 |date = 13 November 2006 |publisher = Supreme Court of Ireland |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 }}</ref> one of five judgments given by the Court; this case concerned the circumstances in which a parent may exercise the right provided for in Irish law to rescind initial consent to adoption. * ''A. -v- The Governor of Arbour Hill Prison'':<ref>{{cite BAILII |litigants = A. v The Governor of Arbour Hill Prison |court = IESC |year = 2006 |num = S45 |date = 10 July 2006 |courtname = auto }}</ref> one of five judgments; the case concerned a "collateral" challenge by a prisoner to the lawfulness of his detention following the judgment in ''C.C. -v- Ireland'' (see immediately below). * ''C.C. -v- Ireland'':<ref>{{cite BAILII |litigants = C.C. v Ireland |link = |court = IESC |year = 2006 |num = S33 |date = 23 May 2006 |courtname = auto }}</ref> striking down as unconstitutional part of the law on statutory rape, due to the absence in any circumstances of a defence of honest mistake as to age. ;2005 * ''O'Callaghan -v- The Hon. Mr. Justice Mahon''<ref>{{cite BAILII |litigants = O'Callaghan v The Hon. Mr. Justice Mahon |link = |court = IESC |year = 2005 |num = 9 |date = 9 March 2005 |courtname = auto }}</ref> ;2003 * ''Gough -v- Neary''<ref>{{cite BAILII |litigants = Gough v Neary |link = |court = IESC |year = 2003 |num = 39 |date = 3 July 2003 |courtname = auto }}</ref> * ''Lobe -v- Minister for Justice, Equality and Law Reform'':<ref>{{cite BAILII |litigants = Lobe v. Minister for Justice, Equality and Law Reform |link = |court = IESC |year = 2003 |num = 3 |date = 23 January 2003 |courtname = auto }}</ref> one of seven judgments in a case concerning whether the State could deport the parents of Irish citizens who were still minors; the Court by a majority (5–2) dismissed the appeal and allowed the deportation of the family. ;2002 * ''Dunne -v- D.P.P.'':<ref>{{cite BAILII |litigants = Dunne v. D.P.P. |link = |court = IESC |division = |year = 2002 |num = 27 |para = |eucase = |parallelcite = |date = 25 April 2002 |courtname = |juris = }}</ref> one of a series of cases, beginning with ''Braddish v D.P.P.'', in which the Court considered the contours of the Garda Síochána's duty to seek out and preserve evidence relevant to a criminal trial. * ''Ardagh -v-. Maguire'':<ref>{{cite BAILII |litigants = Ardagh v. Maguire |link = |court = IESC |year = 2002 |num = 21 |date = 11 April 2002 |courtname = auto }}</ref> this case concerned the procedures to be applied by a parliamentary inquiry into an incident in which members of the [[Garda Síochána]] shot dead a civilian, [[Death of John Carthy|John Carthy]]. ;2001 * ''DPP -v-. Davis'':<ref>{{cite BAILII |litigants = DPP v. Davis |link = |court = IECA |year = 2001 |num = |courtname = auto }}</ref> on causation, and the relationship which must be shown between the injuries caused by the defendant and the death of the victim.
==Death== Hardiman died on 7 March 2016 at the age of 64.<ref name="death" /> The eulogy at his funeral, which took place in the Church of the Holy Name in Ranelagh, was delivered by [[Michael McDowell (politician)|Michael McDowell]].<ref>{{cite news| url = https://www.irishtimes.com/news/ireland/irish-news/remarkable-mind-of-adrian-hardiman-recalled-at-funeral-1.2568255| title = Remarkable mind of Adrian Hardiman recalled at funeral| newspaper = The Irish Times| date = 10 March 2016| access-date = 16 August 2018| archive-date = 13 April 2016| archive-url = https://web.archive.org/web/20160413175956/http://www.irishtimes.com/news/ireland/irish-news/remarkable-mind-of-adrian-hardiman-recalled-at-funeral-1.2568255| url-status = live}}</ref> 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.<ref>{{Cite news|url=https://www.irishexaminer.com/viewpoints/analysis/adrian-hardiman-ebullient-colleague-who-held-strong-opinions-but-no-grudges-386117.html|title=Adrian Hardiman: Ebullient colleague who held strong opinions, but no grudges|date=2016-03-08|access-date=2018-09-20|archive-date=20 September 2018|archive-url=https://web.archive.org/web/20180920122817/https://www.irishexaminer.com/viewpoints/analysis/adrian-hardiman-ebullient-colleague-who-held-strong-opinions-but-no-grudges-386117.html|url-status=live}}</ref>
== Bibliography == * Hardiman, Adrian (2017). ''Joyce in Court''. London: Head of Zeus. {{ISBN|9781786691583}}.
==See also== {{Portal|Biography}} * [[Auditors of the Literary and Historical Society (University College Dublin)]]
==References== {{reflist}}
==External links== * {{Commons category-inline}} * [https://www.dib.ie/biography/hardiman-adrian-a10419 Hardiman, Adrian] at [[Dictionary of Irish Biography]]
{{Authority control}}
{{DEFAULTSORT:Hardiman, Adrian}} [[Category:1951 births]] [[Category:2016 deaths]] [[Category:Alumni of University College Dublin]] [[Category:Auditors of the Literary and Historical Society (University College Dublin)]] [[Category:Irish barristers]] [[Category:Judges of the Supreme Court of Ireland]] [[Category:People educated at Belvedere College]] [[Category:People from Coolock]] [[Category:Alumni of King's Inns]] [[Category:Lawyers from Dublin (city)]]