THE Taoiseach, the Attorneys General and the Minister for Justice are embroiled in potentially the most damaging controversy of their term in office so far as an inquiry begins today into the circumstances leading to the sudden release and rearrest of 16 high security prisoners.
But Mr Bruton rowed in behind Mrs Owen as the "best Minister for Justice in recent times" after she had cited "a very serious lapse in administrative procedures" as the reason Judge Dominic Lynch had not been told of the Government's August 1st decision to accept his request to be removed from the Special Criminal Court.
The Minister for Justice shocked the Dail, with the monumental list of errors and omissions which cast doubt on the validity of all judicial decisions taken by Judge Lynch over three months. She ruled out any question of resigning, however, even though she admitted to the Dail: "I do not know what happened between August 1st until last night".
Mrs Owen explained yesterday that, on Judge Lynch's second request, she recommended to the Government meeting on August 1st that he be relieved of his Special Criminal Court duties. The decision was transmitted to the Department's courts section for execution.
The warrant for the appointment of Mr Justice Kevin Haugh to replace Judge Lynch was transmitted to the courts but, "for whatever reason", Judge Lynch. was not informed of his removal.
Two months later, on October 2nd, Mrs Owen was sent a letter by the Attorney General Mr Dermot Gleeson SC, asking her to establish whether the Government decision had been communicated to Judge Lynch. He had been informed at a social function that there was an impression among the judiciary that Judge Lynch was still on the Special Criminal Court.
Neither Mrs Owen, nor the Department secretary, Mr Tim Dalton, were aware of the letter. The courts division prepared draft letters to inform Judge Lynch and the President of the Special Criminal Court of the decision, but these letters had not been finalised up to yesterday".
The Attorney General wrote a second letter last Friday (November 1st) to Mrs Owen after he saw Judge Lynch's name in newspaper reports of the Special Criminal Court. If true, he advised, this could create legal difficulties.
An apparently unrelated warning by an assistant secretary, not in the courts division, precipitated the eventual to-ing and froing between the various legal authorities which led to Mrs Owen giving the order, by telephone from the Michael Collins premiere late on Wednesday night, to release the prisoners.
The Fianna Fail spokesman on justice, Mr John O'Donoghue, yesterday said that the Government should dismiss Mrs Owen.
Ms Liz O'Donnell, justice spokeswoman of the Progressive Democrats, compared the statement on the affair made by the Minister to the Dail yesterday to the statements by the previous administration when trying to explain the delay in extraditing Brendan Smyth, the paedophile priest.
The Opposition parties will press the Taoiseach in the Dail early next week to account for the Attorney General's involvement in the unexplained breakdown in procedures. The Fianna Fail front bench meets today to decide whether to table a motion of no confidence in Mrs Owen.
