The President of the High Court, Mr Justice Nicholas Kearns, ruled yesterday the sanctions imposed on Dr Dylan Evans were “grossly disproportionate” and he returned the matter to the President of UCC, Dr Michael Murphy, for a fresh consideration in light of the court’s ruling.
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Following a two-day hearing, Mr Justice Kearns yesterday declined to quash the investigation findings but said he would quash the sanctions imposed on foot of those findings.
He declined to make any order in relation to a separate disciplinary hearing started by the college last May in relation to breaches of confidentiality over the matter. This was “an unfortunate by-product” of the case and another matter for another day, he said.
The judge also awarded costs to Dr Evans who said outside court he was “very happy” with the outcome.
In his judgment, Mr Justice Kearns noted the scientific article complained of, dealing with experiments undertaken in China, was a very technical document, written in very small print with nothing or a lurid or graphic nature or anything photographic. The article was awarded an “Ig Nobel” award for papers which may have humorous content as well as serious scientific material and that was the case here, the judge noted.
The print in the paper was so small that, when Dr Kennedy was shown the article, she said she would need to get her glasses before she could read it, the judge said.
Whatever the motive Dr Evans had for producing it, he had also produced it to a number of other people that day, the judge said. Dr Evans’s case was that Dr Kennedy greeted the showing of the paper with amusement and he was unaware of any offence having been taken, the judge said.