An activist lawyer turned judge in Northern Ireland has been forced to allow an application for his own recusal after being publicly challenged over his impartiality in a landmark case involving the criminalisation of prayer outside an abortion clinic.
In a dramatic moment at Ballymena Court on Tuesday morning (16 September), Claire Brennan, pro-life activist and a devout Christian and mother of four, stood and formally requested that Judge Ciaran Moynagh recuse himself from her appeal case.
Supported by the Christian Legal Centre, Mrs Brennan is appealing her arrest, prosecution, and conviction while saying The Lord’s Prayer and holding a sign reading “Pray to End Abortion” outside Causeway Hospital in Coleraine in October 2023.
Her actions took place within a designated “Safe Access Zone” under the Abortion Services (Safe Access Zones) Act (Northern Ireland) 2023, which criminalises any act deemed to “influence” individuals within 150 metres of an abortion clinic.
A video of her arrest shows her kneeling in prayer with rosary beads while police speak to her.
Before Judge Moynagh could deliver his ruling, Mrs Brennan stated that, based on her findings, she believed he could not be perceived as impartial.
The judge, reportedly shocked and visibly unsettled, reluctantly granted her two weeks to submit a formal application for his recusal. If successful, it would mark an unprecedented moment in Northern Irish legal history.
Witnesses report that Judge Moynagh abruptly left the courtroom following the exchange.
This development follows a formal complaint submitted by Mrs Brennan on Monday (15 September) to the Lady Chief Justice’s Office under the Judicial Complaints System.
The complaint cites judicial rules requiring judges to recuse themselves if their public activism creates a perception of bias in the eyes of a fair-minded and informed observer.
Mrs Brennan discovered that Judge Moynagh, who presided over her appeal on 2 September, is a former activist lawyer with a long history of involvement in high-profile legal efforts to liberalise abortion laws in Northern Ireland. His activist background includes:
Judge Moynagh’s appointment to the bench was announced earlier this month by Phoenix Law where he was previously a partner. The article on his appointment states how he has been active in abortion rights cases.
Speaking after the hearing, Claire Brennan said:
“When I discovered Judge Moynagh’s history of activism on abortion law, I was deeply concerned. This case is about the criminalisation of peaceful prayer and the expression of Christian beliefs, issues that require absolute judicial neutrality.
“I do not believe a judge with such a public record of advocacy on one side of this debate can be seen as impartial. I’m simply asking for a fair hearing before a judge who hasn’t already taken a public stance on the very issues at the heart of my case.”
Andrea Williams, Chief Executive of the Christian Legal Centre, added:
“We welcome the fact that Judge Moynagh permitted Claire to apply for his recusal. It is a fundamental principle of justice that a judge must not only be impartial but must also be seen to be impartial.
“A judge who has very recently made repeated public statements in support of abortion rights cannot be perceived as neutral in a case that centres on the censorship of pro-life and foundational Christian beliefs.
“Judicial impartiality is the cornerstone of a fair legal system. Yet in this case, we are faced with the troubling reality that a former openly pro-abortion advocate presided over proceedings involving the criminalisation of silent prayer outside an abortion facility. He should have recused himself from the outset. Justice must not only be done, it must be seen to be done.”