In an unprecedented development, a judge presiding over the appeal of Claire Brennan, the first person convicted under Northern Ireland’s abortion clinic censorship zone law, has recused himself following serious concerns over judicial impartiality and has been forced to order a retrial.
County Court Judge Ciaran Moynagh had heard Mrs Brennan’s appeal on 2 September, but immediately following this hearing, his extreme activist involvement in abortion rights cases was discovered.
Judge Moynagh was previously awarded Humanist of the Year by Humanists UK for his legal activism on abortion rights and same-sex marriage. His long-standing public campaigning prompted urgent calls for his recusal and a review of the case.
Mrs Brennan, supported by the Christian Legal Centre, submitted a formal complaint to the Lady Chief Justice’s Office under the Judicial Complaints System. The complaint cited rules stating that judges must recuse themselves if their public activism creates a perception of bias in the eyes of a fair-minded and informed observer.
Then this week at a hearing at Antrim Court House on 11 November 2025, Judge Moynagh officially announced in court that he had received a recusal application stating:
‘[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…’
Judge Moynagh acknowledged:
“[Mrs Brennan] is correct that I have carried out litigation on the issues of abortion…”
Although he argued that he did not believe he had any actual or apparent bias, he concluded:
‘However, in 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.’
Judge Moynagh’s activist background includes:
Judge Moynagh has described his legal work as “challenging the status quo” on abortion, same-sex marriage, and trans rights.
Claire Brennan’s case
Claire Brennan, a Roman Catholic mother of four, was arrested in October 2023 for reciting the Lord’s Prayer and holding a sign reading “Pray to End Abortion” outside Causeway Hospital in Coleraine. Her peaceful prayer 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, highlighting the peaceful nature of her actions. (Watch here)
Adding to the controversy, it is believed that the hospital chapel may fall within the censorship zone, raising further questions about the scope and enforcement of the legislation.
Judge Moynagh’s appointment 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. Mrs Brennan’s case appears to be his first sitting in this new role.
Claire Brennan said:
“All I wanted was a fair trial. As soon as I discovered his past activism on abortion, I knew that this had to be exposed and that it was simply not right that he should be presiding over my case.
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.
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.
I took a peaceful stand outside Causeway Hospital to pray for the unborn and to defend the freedom of Christians to express their faith in public. These censorship zones are a dangerous overreach that criminalise compassion and silence prayer. I am challenging this law not just for myself, but for the protection of the unborn and for the future of religious freedom in Northern Ireland.”
Andrea Williams, Chief Executive of the Christian Legal Centre, said:
“Justice must not only be done, it must be seen to be done. Judicial impartiality is the bedrock of a fair society, and it is right that Judge Moynagh has now recused himself.
However, it is extraordinary and unprecedented for a judge to be recused in such circumstances. There must now be serious scrutiny of how this situation was allowed to arise. Given Judge Moynagh’s history of activism on abortion and LGBTQI issues, his fitness to serve when adjudicating on cases involving these issues must be urgently reviewed at the highest levels. He should never again preside over a case relating to abortion in Northern Ireland.
The so-called ‘censorship zones’ represent a chilling attack on freedom of speech, freedom of religion, and the right to peaceful protest. They criminalise compassion and silence dissent. The arrest of Claire Brennan for quietly praying the Lord’s Prayer should serve as a wake-up call for our nation.
“The unborn are members of the human family, the most vulnerable among us, and good law must protect them. Since abortion laws changed in Northern Ireland, the number of unborn lives lost has surged.
“We stand with Claire as she seeks justice, not only for herself, but for the unborn and for the fundamental freedoms of every citizen in the United Kingdom.”