Two senior members of the judiciary are central to inquiries into the case of Philip Sheedy, the Dublin architect who was freed after serving one year of a four-year jail sentence for drunk and dangerous driving.
The unprecedented focus on members of the judiciary in an investigation into how a criminal case was executed was confirmed yesterday by the Minister for Justice, Mr O'Donoghue. He indicated that "whatever action is required at the end of all this will be taken by the Government".
It also emerged that an individual has been identified as allegedly being responsible for asking the Dublin County Registrar of the Circuit Criminal Court, Mr Michael Quinlan, to list Sheedy's case for hearing on November 12th last. Neither the DPP nor the Garda was aware the case was listed and the balance of Sheedy's sentence was suspended by the then Dublin Circuit Court judge, Judge Cyril Kelly. The decision was challenged by the DPP last week but Sheedy did not contest the application and went voluntarily for readmission to Mountjoy.
A young Dublin mother, Mrs Anne Ryan, died when the car Sheedy was driving struck her in Tallaght in March 1996. The case is now the centre of two inquiries - one under the direction of the Chief Justice, Mr Justice Hamilton, and the other under the aegis of the Minister. Neither inquiry is yet complete, though it is understood that the President of the Circuit Court, Mr Justice Esmond Smyth, has given the results of his investigation to the Chief Justice.
During a 45-minute question and answer session in the Dail yesterday, Opposition TDs pressed the Minister about who had asked the County Registrar to list the case. According to the Minister, he had "seen documentation which does state that it is a certain individual". "That individual is clearly entitled to reply to those allegations but . . . I am never ever going to operate a kangaroo court. There will be fair play and procedure in this matter," he added.
Now "certain matters" must be put to a member, or members of the judiciary. On Wednesday evening he received a detailed file from the Chief State Solicitor's Office in which an official outlined various contacts he had with "people in the courts who, according to him, had a part in the listing of the case for November 12th, 1998".
The Minister immediately requested the Attorney General, Mr David Byrne SC, to refer the matter to the President of the Circuit Court and to inform the Chief Justice he had done so.
"I did this as it seemed right, on the basis of the contents of this note, that a member or members of the judiciary should be invited to comment on certain matters." On foot of this document also, he sought further advice from the Attorney General on the question of initiating a Garda inquiry.
Outlining events, he said that, on February 10th he was contacted in Berlin by the Attorney General who had been approached by the DPP.
Of particular concern were rumours that the listing of the case and the fact that the State had received no advance notification "may have been brought about by improper practice (as distinct from error or omission) within the courts".