Northern Ireland judge recuses himself in abortion buffer zone prayer case

A Northern Ireland judge with pro-abortion ties has agreed to recuse himself from a case involving a woman praying near an abortion facility.

Key Takeaways:

• In 2023, Claire Brennan was arrested for praying within the buffer zone of an abortion facility. She was convicted a year later and fined £750.

• Brennan appealed that conviction, and Deputy County Court Judge Ciaran Moynagh was chosen to oversee the appeal.

• Upon learning of his strident pro-abortion advocacy, Brennan filed a complaint and asked that Moynagh recuse himself. Though Moynagh had already heard Brennan's case, he agreed to step down.

The Backstory:

In 2023, Brennan was arrested for praying the rosary while holding a sign that read, "Pray to End Abortion" outside a Causeway Hospital in Coleraine, Northern Ireland. Any act that police subjectively deem might "influence" people within 150 meters of an abortion facility is illegal.

In a video of her arrest, Brennan remains kneeling while praying. The police officer told her that, by praying in public, she was "harassing" and "intimidating" people who didn't agree with her point of view. He also insulted her, telling her she was "really stubborn" and "ignorant."

Brennan was the first person to be convicted under the harsh buffer zone law in Northern Ireland. She pleaded not guilty, saying her religious freedom is protected under the European Convention on Human Rights (ECHR), though District Judge Peter Kind disagreed.

First arrest and prosecution in Northern Ireland for praying in abortion clinic buffer zone

Brennan later appealed her conviction, and Moynagh was assigned to her case, which he heard on September 2. Afterward, Brennan discovered that Moynagh is a pro-abortion activist, and she sought his recusal from her case.

Moynagh had received the "Humanist of the Year" award in 2018 from the pro-abortion group Humanists UK for his legal activism in defense of abortion. He previously represented a woman who was "denied" an abortion in Northern Ireland, and spoke in favor of chemical abortions.

The Details:

On November 11, Moynagh heard Brennan's complaint and agreed to step down from her case. "[Mrs Brennan] had learnt that it was public knowledge that I had taken on high-profile abortion rights cases, stating that abortion reform was a high point in my career and had accepted an award for human rights activism and challenging the status quo on abortion. [Mrs Brennan] made a complaint to the Lord Chief Justice’s Office on the grounds of ‘apparent bias’ and said that I should have recused myself before the case was heard," he said, adding that despite all of this, he still didn't feel there was any issue of bias.

Still, he agreed to recuse himself.

"[I]n recognition of the importance of maintaining public confidence in the impartial administration of justice and to ensure that justice is not only done but seen to be done, I have decided out of an abundance of caution to recuse myself from further involvement in this matter… the matter will now be re-listed again for the 27 November."

The Bottom Line:

In a press release, Brennan said all she wants is a fair trial.

"Every person deserves a fair trial, especially in a case as sensitive and significant as this. The public must have confidence that justice is being administered impartially, not influenced by extreme ideological views," she said. "I am calling for the highest level of scrutiny into Judge Moynagh’s involvement in my case. No one should be tried by a judge who has openly campaigned on the very issue at the heart of the proceedings."