Pace and courage key to great cross-examination

The second of the 2026 Hardiman lecture series, in honour of the late Supreme Court judge, heard from Mr Justice Brian O’Moore on cross-examination (24 June).

The talk, in the Supreme Court at Dublin’s Four Courts, examined the skill of cross-examination, of which the late Mr Justice Adrian Hardiman was a renowned practitioner.

Introducing, Mr Justice Gerard Hogan of the Supreme Court said that the lectures all had a common theme dear to the late judge’s heart.

“Adrian Hardiman was regarded as one of the greatest cross-examiners the Irish Bar has ever seen,” he said.

“I can certainly attest to that from personal experience, witnessing it.”

Given that, the lecture’s theme was particularly apposite and fitting, he said.

Such were his sparring skills that Hardiman was considered as a replacement host for the Late Late Show when Gay Byrne retired in 1999, Mr Justice Brian O’Moore recounted.

The incisiveness and passion of his many media appearance  made Hardiman a national figure in a way that very few barristers were at any stage of their careers, Mr Justice Brian O’Moore added.

Appearing composed and self-assured was key for the cross-examiner, the speaker said, with courage as an added necessary component.

Mr Justice Brian O’Moore pointed to the importance of a strong, preferably explosive, start to any cross-examination, although there were differing opinions on this.

Forceful

“If you have a forceful piece of evidence to put to the witness, it makes no sense to wait until the end,” he said.

The witness may, by then, have established a good relationship with judge or jury, he said.

The cross-examination by Sir Charles Russell of the journalist Richard Pigott in 1889 resulted in Pigott’s exposure as a forger of correspondence reportedly sent by Sir Charles Stewart Parnell. 

Mr Justice O’Moore spoke about the importance of Russell’s detailed preparation and how he remained both calm and self-possessed throughout.

The victory in cross-examination hinged on a repeated misspelling of the word ‘hesitancy’, he explained.

In fiction and film, the usual characterisation was of the “brilliantly controlled questioner” but the stress of the whole exercise was another factor, he said.

“The stakes can be very high as far as both the witness and the cross-examiner are concerned,” he said.

Commanding voice

The late Mr Justice Adrian Hardiman had both a commanding voice and the appearance of never being flustered, he said.

The judge then referred to one of Ireland’s most famous libel trials of recent years, when Proinsias de Rossa TD sued Independent Newspapers, over an article written by journalist Eamon Dunphy in the Sunday Independent.

He said that Eamon Dunphy had been cross-examined by both Adrian Hardiman and Sean Ryan, later president of the Court of Appeal.

 Hardiman’s use of set pieces was contrasted with Ryan’s more measured and open-ended questions.

Understanding a witness’s personality and detailed preparation were key, Mr Justice O’Moore said, while the role of the judge was crucial in maintaining control.

Mr Justice O’Moore then spoke on the Clinton impeachment trial as a study in cross-examination techniques and the importance, again, of preparation and understanding the witness perspective.

Both over-preparation and under-preparation should be avoided, he concluded.

Adrian Hardiman also believed that the pace of questioning was very important, no matter how eminent or popular the witness.

Obfuscate

Mr Justice O’Moore recalled his late friend Adrian Hardiman’s position on this: “They are less likely to obfuscate, or to be blunt about it, to tell untruths, and more likely to give up on their account of events if it’s wrong.”

A cross-examination may be wrong but should never be slow, the late judge also believed.

“This is good advice, from one of the best in the business,” Mr Justice Brian O’Moore concluded.