Minister denies `pathetic' handling of Sheedy affair amid repeated allegations

A report by one of the judges examining the suspension of a jail sentence for Philip Sheedy has been completed and is now with…

A report by one of the judges examining the suspension of a jail sentence for Philip Sheedy has been completed and is now with the Chief Justice, according to the Minister for Justice.

Mr O'Donoghue, who defended his conduct of the affair, said he hoped the Chief Justice's inquiry and that of his Department would be completed "as soon as possible". He also told deputies he had been advised that there were not sufficient grounds for a Garda investigation. However, if the completed inquiries revealed that there were grounds for a Garda investigation, then "clearly I will do my duty".

There were repeated interventions and sharp exchanges during the question-and-answer session in the Dail over the partial suspension of the jail term for dangerous and drunk driving.

The Minister rejected repeated allegations that he had been lethargic in responding to the controversy. "I do not accept that my performance was pathetic. I believe I have behaved with total decorum with the matter," he said.

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Mr O'Donoghue also promised that he would take the necessary action as soon as the inquiry by his Department was completed and as soon as he had received the Chief Justice's report, part of which was carried out by the President of the Circuit Court, Mr Justice Esmond Smyth.

He told Mr Jim Higgins, Fine Gael's justice spokesman, that it was part of the inquiry by his Department that a "certain individual" had allegedly given the instruction to list the case before Judge Cyril Kelly in November last year. Judge Kelly suspended three years of the four-year sentence. "That individual is clearly entitled to reply to those allegations."

He said he would never conceal anything that should be in the public domain or abuse his office. However, he added that "I am never, ever going to operate a kangaroo court". There was going to be "fair play, fair procedure in this particular matter".

He dismissed as a "red herring" questions by Mr Higgins about the prisoner being transferred so soon after conviction to an open prison - Shelton Abbey. That was an administrative matter and was never brought to his attention.

Amid heckling and accusations that he was "filibustering" and "refusing to answer questions", Mr O'Donoghue said that "certain matters will have to be put to members of the judiciary for their comment and response", following the investigations. He was responding to the Labour deputy leader, Mr Brendan Howlin, who asked if he was satisfied that "nothing irregular" occurred in the listing procedure.

"Whatever action is required, following on full and fair investigation, will be taken by the Government immediately upon learning of this particular matter," Mr O'Donoghue said.

Ms Nora Owen, deputy leader of Fine Gael, said she would not take lectures from Mr O'Donoghue about how she dealt with issues in the House. She said she was "sorry I didn't bring my handkerchief to share in the tears of the Minister".

Mr O'Donoghue said he had initiated an inquiry through the county registrar within days of hearing of the matter. He rejected Ms Owen's suggestion that he should have simply phoned the county registrar. He believed that he should have everything in writing and it was quite clear to him that the matter was quite serious from what the Attorney General had told him. That was why he took that action.