Some questions the Oireachtas inquiry might choose to ask

Hugh (formerly Mr Justice) O'Flaherty:

Hugh (formerly Mr Justice) O'Flaherty:

Known facts: raised Sheedy case with County Registrar Michael Quinlan after what he says was chance encounter with Sheedy sister and friend.

You have stated that you encountered "a son of family friends and neighbours, Mr Ken Anderson, accompanied by a sister of Mr Sheedy" casually some time late last year, probably October.

Who are the Andersons? Are they close family friends?

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Why, if the encounter was "entirely by chance", did you discuss the outline of the facts of the case for "between five and 10 minutes"?

Why, as the senior judge in the Supreme Court, did you feel obliged to intervene so personally and directly in the case?

Why did you suggest to Mr Anderson and Ms Sheedy that it might be possible for the case to be relisted "so that the circuit judge could have another look at it" in the light of your own judgment in the McDonald case rather than, as you admitted to the Chief Justice, suggesting that "the case might have more properly been appealed to the Court of Criminal Appeal"?

Why did you not indicate, at the first opportunity during the Chief Justice's inquiry, that you did not merely speak to the County Registrar, Mr Michael Quinlan, but summoned him to your chambers?

How can you say that you did not ask Mr Quinlan to have the case listed when, in the previous page of your letter to the Chief Justice, you also stated: "I mentioned the Sheedy case to him [Mr Quinlan] indicating that the case had been mentioned to me and that I had suggested that it might be possible to have it relisted in the Circuit Court"?

Why did Mr Quinlan feel obliged to ring you back when the case was relisted?

How do you reconcile your view that you acted out of a spirit of humanitarian interest with the Chief Justice's conclusion that your intervention was "damaging to the administration of justice"?

You have stated that you "did not discuss the case" with the then Judge Cyril Kelly. Did you have any direct or indirect contact with Mr Kelly about it?

Did you recommend to the Minister for Justice that Judge Kelly should be appointed to the High Court 12 days after Philip Sheedy's sentence was suspended on November 12th, 1998?

Have you ever acted in relation to any other case in the way you did in the Sheedy case?

Cyril (formerly Mr Justice) Kelly:

Known facts: reheard Sheedy case and quashed remainder of sentence.

You, of all the principals, have given the minimum account of your involvement in the case.

Why did you feel compelled to hear the Sheedy case on November 12th?

Why wasn't the case adjourned - as was the case of Edward Black on the same November 12th list - for Judge Joseph Mathews to hear it on his return to Dublin?

How do you account for the conflict of evidence between yourself and Judge Mathews over your conversation about the Sheedy case before the four-year sentence was imposed on October 20th, 1997?

What is your response to Judge Mathews's statement to the President of the Circuit Court that you felt "too close to the case and would rather I dealt with it"?

Mr Quinlan informed Philip Sheedy's new solicitor, Mr Michael Staines, that "Judge Cyril Kelly was awaiting an application for review". Were you? Were you asked to hear the case? By whom?

Was there any contact, direct or indirect, between Mr Justice O'Flaherty and yourself about the case?

Did you know that Mr Justice O'Flaherty had intervened with Mr Quinlan about the relisting?

How do you account for the conflict between the President of the Circuit Court, Mr Esmond Smyth, and yourself as to whether it is "unusual" for one Circuit Court judge to review, in a criminal case, the final order of a judge of equal jurisdiction?

How could you say that you had the benefit of a "psychology report" and grave concerns about the mental condition of Philip Sheedy "at the moment" when there was no such up-to-date report before you?

Why did you, some days later, request Mr Sheedy's barrister, Mr Luigi Rea, to obtain an up-to-date psychology report to put on the court file?

Why did you conduct the case in the way you did on November 12th, moving it from No 19 to No 9 on the list while the solicitor from the Chief State Solicitor's Office was out of the court?

You have stated that you did not know Philip Sheedy, "nor was I aware of my knowing anyone connected with him". Is that still your position?

Did you seek the support of Mr Justice O'Flaherty, the senior judge in the Supreme Court, for your appointment to the High Court by the Government on November 24th?

Have you ever reheard a case already tried by another judge of a court at the same level as your own?

Mr Michael Quinlan, former County Registrar:

Known facts: Relisted Sheedy case for hearing by Kelly

What was your understanding of your meeting with Mr Justice O'Flaherty in his chambers in October last?

Was it your interpretation that you were being asked to relist the Sheedy case?

Why did you actively intervene with Philip Sheedy's solicitors to re-enter the case?

In recommending to Mr Sheedy's solicitor, Mr Michael Staines, that an application should be made before the judge in Court 24, "who happened to be Judge Kelly", did you believe that Judge Kelly was aware the case was coming?

Mr Staines says that you informed him "that Judge Cyril Kelly was awaiting an application for review". Who told you that?

Why did you tell Mr Staines: "You don't want to know", when he asked what this was all about?

Why did you not tell all you knew about the Sheedy relisting at the first opportunity?

Why didn't you cite "confidentiality" rather than presenting "a false account" initially?

Have you ever listed another case at the request of a judge?

Judge Joseph Mathews:

Known facts: Convicted Sheedy and sentenced him to four years; advised by Kelly that Sheedy was suitable case for Probation Act.

What are the collateral matters which you want to raise about the Sheedy case?

Could you account for the complete conflict of evidence about the alleged meeting between you and Judge Kelly on October 20th, 1997, the day that you sentenced Philip Sheedy to four years' imprisonment?

Mr Joe Burke, friend of the Taoiseach, former Fianna Fail councillor:

Known facts: Visited Sheedy in Shelton Abbey open prison; has done business with Sheedy

You visited Philip Sheedy in Shelton Abbey on October 14th, 1998, just a month before his sentence was suspended by Judge Cyril Kelly. You spoke to him for an hour.

Were your discussions related to the work he did for you as an architect?

Was it mere coincidence that he was due to appear as your witness in a civil action taken by a Dalkey publican for alleged breach of contract in the High Court on October 21st, a week later, and that that case was adjourned to January when he was a free man?

Did his release on November 12th come as a surprise to you?

You have stated that the Taoiseach did not know anything about Philip Sheedy until "it all happened". How do you know that? What do you mean by stating that "it all happened"? When did the Taoiseach become aware of the Sheedy case?