THE Minister for Justice, Mrs Owen, was at the premiere of Michael Collins when her private secretary, Mr John O'Dwyer, telephoned her from his home.
Shortly before 10.30 p.m. she was in contact with her Department Secretary, Mr Tim Dalton. By the time Michael Collins, the movie, had ended, the Minister had ordered that 16 prisoners be released.
Their cases had been heard since August 1st in the Special Criminal Court, with Judge Dominic Lynch sitting.
The saga begins in July 1995 when Judge Lynch informs the Minister that he wishes to be delisted as a judge of the Special Criminal Court. On July 2nd, 1996, the judge reiterates his request, and this time she accedes and directs the courts division of her Department to prepare a memorandum for Government on the matter.
On August 1st a memo is submitted to Government, and Cabinet decides to relieve Judge Lynch and to appoint Judge Kevin Haugh to the Special Criminal Court. A copy of the Cabinet decision is forwarded to the Department of Justice by the Government secretariat in the normal way. It is photocopied and circulated to various officials, including those in the courts division of the Justice Department.
Some time later the warrant of appointment of Judge Haugh is received by the Department of Justice and transmitted to the courts.
On October 2nd the Attorney General, Mr Dermot Gleeson, writes to the Minister indicating he has had a conversation with Judge Harvey Kenny who relates the "impression" among the judiciary that Judge Lynch is still a member of the Special Criminal Court.
Mr Gleeson also asks that the Minister establish whether the Cabinet decision has been notified to Judge Lynch and the President of the Circuit Court.
On October 3rd the Attorney General's letter is received in the Minister's private office and sent directly to the courts division. She says it was never brought to her attention.
Afterwards, at a date unknown draft letters are prepared by the courts division informing Judge Lynch of the Cabinet decision. These letters had not been finalised up to yesterday.
On November 1st the Attorneys General again writes to the Minister saying he notes that Judge Lynch still appears to be functioning in the Special Criminal Court. This, he says, could create legal difficulties.
On Tuesday last, November 5th, his letter is received in the Minister's office. She telephones the principal officer in the courts division for clarification.
The next day, November 6th, the Minister goes to Stormont for the multi party talks. At 5 p.m. she is told by her Department that an assistant secretary, not in the courts division, has become aware of a serious problem in that division.
The assistant secretary does not contact the Minister or Secretary - who are on their way back to Dublin from Belfast - and consults the Attorney General's office for advice.
At 6.50 p.m. Mr Dafton, the Department Secretary, receives a call on his mobile phone from a deputy commissioner of gardai who says problems have arisen. Arrangements are put in place in case it is necessary to bring prisoners to a court "or another location".
Mr O'Dwyer, the Minister's private secretary, tells the Department Secretary of correspondence received from Mr Gleeson querying Judge Lynch's continued appearances in the Special Criminal Court. This is the first that the Secretary knows of the problem.
The Secretary immediately telephones the principal officer in the courts division and is informed that notice has not been issued to Judge Lynch.
At 7.20 p.m. Mr Dalton telephones the DPP, who says it appears the validity of decisions made in specific cases in question is open to doubt. The DPP says he intends to contact the senior legal assistant in the Attorney General's office to suggest that formal legal advice is a matter for Mr Gleeson himself.
Shortly before 8 p.m. the senior legal assistant tells Mr Dalton that he will be advising the Attorney General that the court decisions are unsound for legal reasons.