Fine Gael attempts to seek clarification in the Dail about the controversial case of a Dublin architect, Philip Sheedy, who was sentenced to jail by one judge and freed by another are expected to fail tomorrow. The party's spokesman on justice, Mr Jim Higgins, said last night he would continue to seek answers to questions he had tabled for tomorrow's Adjournment Debate in an effort to throw light on the case of Sheedy, who returned to prison voluntarily last week after the High Court quashed a Circuit Court decision to release him.
Sheedy (31), of Coolmine Mews, Clonsilla, had been sentenced to four years in prison by Judge Joseph Mathews in October 1997 after pleading guilty to causing the death by dangerous driving of Mrs Anne Ryan in March 1996.
A review date was set for October 1999. However, last November the then Dublin Circuit Court judge, Mr Cyril Kelly - now a High Court judge - suspended the remaining three years of Sheedy's sentence on condition that he be of good behaviour.
Legal sources yesterday said it remained a mystery as to how the review was brought forward by almost a year. It was also unusual that the original presiding judge did not deal with the review.
In the High Court last month the DPP sought and secured a judicial review for an order quashing Judge Kelly's decision to suspend the remainder of Sheedy's sentence.
Counsel for the DPP said how or why the case came to be listed before Judge Kelly in November had not been satisfactorily discovered. It also emerged that the Garda only recently came to know of the developments.
Last Thursday, in a High Court hearing before Ms Justice Laffoy, counsel for the DPP, Mr Edward Comyn SC, said there was no appearance on behalf of Mr Justice Kelly.
Sheedy's counsel, Mr Patrick MacEntee SC, said he was instructed to withdraw his client's opposition to the DPP's application. Sheedy was ready to be readmitted to Mountjoy.
Ms Justice Laffoy made an order quashing Judge Kelly's decision.
According to Mr Higgins, the case was "bizarre". It appeared that normal procedure in relation to appeals against severity of sentence did not apply. It was highly unusual also that the original presiding judge did not deal with the review.
"I also want to know the role of the Chief State Solicitor's Office in this. What level of involvement was there? I am going to raise the question of why the review date was brought forward. Who made this decision? What about the non-notification of the DPP and the gardai?
"The fact that Mr Sheedy readmitted himself to prison added to the bizarre nature of this case," Mr Higgins added.
A "detailed explanation" was required on the handling of the case by the State and the courts.
Political sources in Leinster House said they could not envisage his questions being allowed. Sources in the Department indicated that this would be seen as "a matter for the courts and the judiciary".