O'Donoghue faces Easter rising by TDs

An appalling vista confronted Mary Harney when she deputised for John O'Donoghue in answering questions on the Philip Sheedy …

An appalling vista confronted Mary Harney when she deputised for John O'Donoghue in answering questions on the Philip Sheedy case. The irregular listing of the case and the suspension of a prison sentence were convulsing the legal profession.

The deputy leader of Fine Gael, Nora Owen, was infused with righteous indignation as she demanded full disclosure of the events which led to the early release of Mr Sheedy. Mrs Owen talked darkly of "the Cahirciveen connection".

She declared: "We have judges involved. We have all sorts of things that are undermining the judicial process."

John Bruton must have shuddered in far-off Canada as the traditional party of the Law Courts got stuck in. Ms Owen demanded full disclosure of the people and events involved in what appeared to have been an organised miscarriage of justice. Did this portend resignations or judicial impeachments?

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The Tanaiste and leader of the Progressive Democrats was as helpful as she could be in the circumstances. But Ms Harney took serious exception to the charge that her Cabinet colleague had somehow been involved.

The Minister for Justice, she declared, had no involvement whatever in relation to the matter.

For his own part, Mr O'Donoghue surfaced long enough to describe the allegation as "contemptible" and "scurrilous". And, as political pressure mounted, the prospect of a pre-Easter Dail statement improved.

Back at the Dail, Ms Harney said some interesting things. As soon as the Government had become aware of the case, a few weeks ago, she said, the Attorney General had spoken to the Chief Justice about it.

But the case had hung fire since Christmas, when the release of Sheedy became known. Pat Rabbitte had written to Mr O'Donoghue early in February, when the Director of Public Prosecutions sought a review in the High Court. But it was left to the Attorney General to raise the matter with the Chief Justice.

Surely this was carrying the Constitutional separation of powers too far? The Department of Justice will almost certainly be accused of abdicating its responsibility for administering the system and passing the buck to the courts. A case of treating the effect, not the cause?

Ms Harney wasn't defending the most secretive Government Department. And she offered to make available to the Dail the sworn affidavits prepared for the DPP's challenge to Sheedy's release.

Those documents provided no information about why, or on whose direction, the case had been listed before Judge Cyril Kelly by the administrative system. But an affidavit from Sheedy - which was not used because his return to prison was not contested - showed the Sheedy case, after a number of adjournments, had been heard before Judge Kelly.

It was adjourned to receive welfare and medical reports. Only at that stage did the case go to Judge Joseph Mathews. And he sentenced him to four years in jail.

Work was put in hand to recover the situation. After a two-year review date was deleted on application to Judge Mathews, Sheedy went on to change his legal team.

Less than a year later the case was re-listed and it went back for hearing to Judge Kelly. And he was set free.

There was "widespread concern" over what appeared to be unusual procedures in the case, the Tanaiste admitted to the Dail, and the Government wanted the two inquiries at present under way to be completed as quickly as possible.

It emerged that the investigation ordered by the Chief Justice, Mr Justice Hamilton, and conducted by Mr Justice Morris of the High Court and Mr Justice Esmond Smyth of the Circuit Court, could not be completed - as planned - for yesterday. They had been unable, it was suggested, to make contact with a senior member of the judiciary.

Uncertainty affected the Garda inquiry ordered by Mr O'Donoghue into how the case came to be listed for hearing before Judge Kelly. Neither the Department of Justice nor the Garda could say anything about it.

Just why a formal Garda investigation was necessary, when all the officials involved were employees of the Department of Justice, was not explained.

Ms Owen advocated the "modh direach". Why, she asked pointedly, could the Minister not ring up the Courts Registrar and ask how the case came to be listed in the first place?

Mr O'Donoghue may deal with that matter when he finally comes before the Dail today. But nobody is holding their breath. Last night officials suggested the Minister would make available whatever information he had.

The Chief Justice's report may become available today. Taken together with the Garda investigation, it might amount to something. For there is a determination to put this matter to bed before the Easter holidays.

But the Opposition parties will take some pleasing. Last night they were insisting that the Minister should not only make a prepared statement on the matter but that he should answer all relevant questions.

The Dail session will probably end with a bang, even if the mills of justice take a little longer.