Sheedy case may lead shortly to judicial vacancies

"A certain individual" had been identified as asking the county registrar to list the case of Philip Sheedy for review in the…

"A certain individual" had been identified as asking the county registrar to list the case of Philip Sheedy for review in the Circuit Criminal Court last November, the Minister for Justice has told the Dail. That was the start of a series of irregularities that ended with the early release from prison of Sheedy.

John O'Donoghue would not say who that person was. The individual had to be given a right to reply before any action was taken. But, he said, whatever action was required, after a full and fair investigation, would be taken by the Government.

But the poisoned chalice might yet pass. The Minister told the Dail the inquiries instituted by the Chief Justice were "the appropriate course to follow" because Mr Justice Hamilton would probably find it necessary to address queries to a member or members of the judiciary.

The reluctance of the Department of Justice to become involved was clear. A letter from the family of the dead woman on February 4th about Sheedy's premature release had been referred to the prisons section of the Department - even though the man was out of jail - rather than to the DPP or the Chief State Solicitor.

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When the Minister, having been warned by the Attorney General on February 12th about possible "improper practices" in the case, asked that a Garda investigation be undertaken, it just didn't happen. Instead, following consultations with the Garda and the DPP, it "became clear" to the secretary general of the Department that a criminal investigation would be premature. Official inquiries were conducted "in such a way as not to jeopardise the upcoming court proceedings".

By February 16th the county registrar was asked to provide a report on the matter and communications continued until yesterday. At that stage, the Minister was shown a document stating a certain individual had asked that the Sheedy case be listed.

Contact with the Chief State Solicitor on February 4th and March 3rd bore fruit only last Wednesday. Then, a detailed file note of those involved in listing the case was finally provided.

Urgency was something for other departments. But when the issue hit the floor of the Dail, alarm bells finally rang.

The Wednesday document was immediately referred to the President of the Circuit Court on the basis that a member or members of the judiciary should be invited to comment on its contents.

It took six weeks to bring the Sheedy case to the boil and the Opposition was determined the Minister and the judicial system would answer all charges.

Jim Higgins wanted to spread the net wider. He asked who had arranged for Sheedy's early transfer to Shelton Abbey, an open prison, after six months. He asked who had signed the "body warrant" to have him released from jail for his court appearance. And he wondered at the "happy coincidence" of Mr Justice Cyril Kelly's elevation to the High Court, only 12 days after the "monumental blunder" in the Sheedy case.

Brendan Howlin had a cut at the Minister. Mr O'Donoghue's handling of this unprecedented matter had been "woefully inadequate", he said. The Minister had failed in his responsibility to reassure the public.

Nora Owen and the Minister clashed briefly when Mr O'Donoghue complained bitterly about her "Cahirciveen connection" reference of the previous day. But the lady was not apologising.

Anyone who engaged in "the kind of criminal, underhand behaviour" implied would be unfit to be minister, or to hold a seat in the Dail, Mr O'Donoghue declared in ringing tones.

In spite of those views, a criminal investigation by the Garda has not yet been authorised. Footdragging continued, even as the Dail rose for the Easter holidays. The Minister is waiting for an inquiry instituted by the Chief Justice to be completed.

For its part, the Opposition is determined there will not be one standard for politicians and another for the judiciary.