Mr Justice O'Flaherty of the Supreme Court has told the inquiry into the Philip Sheedy case that he did not discuss the matter with Judge Cyril Kelly, who freed Mr Sheedy after he had served a quarter of a four-year sentence for dangerous driving causing death.
It has already emerged that Mr Justice O'Flaherty mentioned the Sheedy case when asked by the Dublin County registrar for the Circuit Court, Mr Michael Quinlan, why he was inquiring about the circumstances in which prisoners could apply to have their sentences reviewed.
The case was subsequently listed before the then Circuit Court judge, Mr Kelly, who quashed the balance of Mr Sheedy's jail term. However, it is now understood that Mr Justice O'Flaherty has told the inquiry being conducted under the direction of the Chief Justice, Mr Justice Hamilton, that he did not discuss the case with Judge Kelly.
According to senior sources last night, the Chief Justice's report may not be completed in time for tomorrow's Cabinet meeting. It was widely expected that Ministers would be in a position to discuss the matter at their breakfast meeting.
Mr Justice Hamilton's inquiries were still continuing yesterday with no explanation for the length of time being taken to complete the work.
When finished, his report will be handed over to the office of the Attorney General which, in turn, will present it to the Minister for Justice, Mr O'Donoghue. Cabinet will consider the contents before making them public.
But, according to sources, it is not clear if the report will contain recommendations.
With the Dail still in recess, opposition politicians have been unable to give full vent to their disquiet over the case.
However, Fine Gael's justice spokesman, Mr Jim Higgins, demanded that Mr O'Donoghue provide "a progress report" to today's meeting of the Joint Committee on Justice, Equality and Women's Affairs.