The husband of a woman who was killed when a vehicle driven by Philip Sheedy collided with the car she was driving has taken a action for damages against Sheedy, whose controversial release from prison earlier this year led to the resignation of two senior judges.
Mr John Ryan (40), of Tymon Crescent, Old Bawn, Tallaght, Co Dublin, has issued claims for the loss of his wife, Anne Ryan, and for injuries he himself allegedly sustained in the incident.
Sheedy, of Newpark, Leixlip, Co Kildare, who is prison, is being sued over the collision on March 15th, 1996, at the Glenview roundabout on the Tallaght bypass.
The action was due to be heard by the High Court later this month but has been postponed, at his lawyer's request, until October.
Mr Ryan claims Sheedy's car crashed into the roundabout, somersaulted and landed on the car being driven by Mrs Ryan. Mr Ryan was a passenger. Their two children, James (12) and George (9), were in the back of the car.
Mr Ryan and the children were admitted to hospital. It is claimed that Mr Ryan suffered a broken jaw and broken arm, a bone in his eye was shattered and he suffered cuts to the head.
Sheedy's lawyers have entered a defence denying Mr Ryan's claims.
Sheedy has already been prosecuted for dangerous driving causing the death of Mrs Ryan. He was also charged with driving with excess alcohol.
On October 20th, 1997, Sheedy entered a plea of guilty and received a four-year sentence from Judge Joseph Matthews at Dublin Circuit Criminal Court. He was also disqualified from driving for 12 years. Judge Matthews granted liberty to review the sentence on October 20th, 1999.
Later, on Sheedy's application, the judge vacated that part of his order setting October 20th, 1999, as the review date.
Last February, the DPP secured leave to apply, by way of judicial review, for an order quashing a decision by former Circuit Court Judge Cyril Kelly, sitting at Dublin Circuit Criminal Court on November 12th last, to suspend the balance of the sentence imposed on Sheedy.
During the hearing of that High Court application, Mr Edward Comyn SC, for the DPP, said how or why the matter came to be listed before the then Judge Kelly on November 12th, 1998, had not been satisfactorily discovered.
Counsel said Judge Kelly had purported to review the sentence, remitted what was left and released Sheedy from custody.
He added that no proper notice of that hearing was given to the DPP or the gardai and the matter was being inquired into. The gardai learned of the matter from Mr Ryan and the DPP was informed of the situation. The case had caused considerable distress to Mrs Ryan's family.
The DPP believed that once the review date was removed, the four-year sentence should be served and no judge of equal rank to former Judge Matthews could interfere with that decision, counsel submitted.
Mr Justice Barr granted leave to the DPP to seek an order quashing the decision of Judge Kelly.
The matter came before Ms Justice Laffoy in March. Mr Patrick MacEntee SC, representing Sheedy, said he was instructed to withdraw his client's opposition to the DPP's application. Sheedy surrendered himself to the prison authorities to serve the remainder of his sentence.
Subsequently, Mr Justice Hugh O'Flaherty of the Supreme Court and Mr Justice Cyril Kelly (who had been promoted to the High Court) resigned over the matter.