Hamilton's report should provide answers sought by DPP, politicians, commentators

Mr Justice Hamilton's report today is expected to detail the events which have embroiled the judiciary in unusual controversy…

Mr Justice Hamilton's report today is expected to detail the events which have embroiled the judiciary in unusual controversy.

The saga began with a tragic accident on March 16th, 1996 at the Glenview roundabout in Tallaght. Mrs Anne Ryan was driving on the roundabout when she was killed by a car driven by Philip Sheedy, a 29-year-old architect.

Witnesses described the car taking off "like a missile" before hitting the roundabout, travelling 60 feet in the air and landing on Mrs Ryan's car.

Her husband, Mr John Ryan, who had known her since she was 14, later described the devastating effects of her loss on him and their children, and rejected an offer of a trust fund from the Sheedy family.

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Sheedy was charged with dangerous driving causing death and with driving with excess alcohol before Judge Joseph Mathews, on October 20th, 1997. He pleaded guilty, and was sentenced to four years' imprisonment. A review date was set.

If this stood, the earliest he could expect release was in two years' time, as a review date means the prisoner must be produced in court on that date by the prison authorities.

But a year after he was sentenced a relative of the Ryan family saw Sheedy in public and mentioned this to Mr Ryan, who asked gardai to investigate. It was discovered that Sheedy's counsel had had the review date lifted (itself not an unusual procedure, and one which is normally the prelude to an appeal procedure).

It became known that the case had been listed before Mr Justice Cyril Kelly for November 12th last, just over a year after the original sentence, and that Mr Kelly had suspended the remainder of the sentence.

It then emerged that neither the Director of Public Prosecutions nor the Chief State Solicitor's Office was aware that the case was coming up, and as a result were not represented in court. Therefore no one opposed, on behalf of the State, Sheedy's early release.

Ten days later Mr Justice Kelly was elevated to the High Court along with Mr Nicholas Kearns SC. As a result of Sheedy's release without notice to the DPP, the DPP challenged Mr Justice Kelly's decision in the High Court by way of judicial review. He argued that a judge of equal rank (as Mr Justice Kelly was at the time) should not have interfered with the sentence, which should have been appealed to the Court of Criminal Appeal or the High Court for judicial review.

He also said that how the case came to be listed, or why, had not been satisfactorily discovered. Nor was it known why the defence legal team had not notified the State about the appeal, he said.

Mr Justice Kelly, whose decision was being challenged, was not represented at the judicial review. The hearing was abandoned when Sheedy voluntarily returned to prison. But this was not the end of the matter. Allegations were made both inside and outside the Dail about political interference in the justice system, which were angrily denied by the Minister for Justice, Mr O'Donoghue. He asked the Chief Justice, Mr Hamilton, to investigate the matter.

Mr Justice Hamilton embarked on this investigation two weeks ago with the assistance of the presidents of the High Court and the Circuit Court, Mr Justice Morris and Mr Justice Smyth.

It then emerged that a second senior judge, this time a member of the Supreme Court, Mr Justice O'Flaherty, would be questioned about his role in the affair, and specifically his role, if any, in the events which led to the Sheedy case being included in the Circuit Court list for November 12th.

The questions raised by the DPP in the judicial review, and by politicians and commentators since, should now be answered.