The Oireachtas committee attempting to investigate the Sheedy affair has decided that the Chief Justice should be asked to resume his inquiry into the case.
However, the Oireachtas Committee on Justice, Equality and Women's Rights has been advised that all its options for pursuing an investigation - including the one it chose yesterday - are fraught with legal difficulties.
The committee met to ensure that this negative legal advice is publicised, and to decide what course of action to adopt. Philip Sheedy was released from jail last year after Mr Cyril Kelly, then a Circuit Court judge, suspended the remaining three years of a four-year sentence imposed on him for drunk-driving causing death. His case was listed for rehearing by Mr Kelly after the then Supreme Court judge, Mr Hugh O'Flaherty, asked the then Dublin county registrar of the Circuit Court, Mr Michael Quinlan, if such a relisting was possible.
The Oireachtas Committee resolved unanimously to recommend to the Oireachtas that the Chief Justice, Mr Justice Hamilton, be asked to resume his inquiry. It added, however, that in the event of this approach not working, it will consider other options.
The committee's legal adviser, Mr Kevin Feeney SC, warned that the constitutional provision on the independence of judges would limit the scope of any inquiry, no matter which type of inquiry was selected. "The early release of Philip Sheedy occurred on an occasion in which a judge was exercising a judicial function," he said. On that basis, even a narrow interpretation of the Constitution would dictate that the former judge involved, Mr Kelly, cannot answer questions as to how he reached that decision.
Asked about former Supreme Court judge Mr O'Flaherty's view that he was precluded by the Constitution from answering any questions on his role in the case, Mr Feeney said it was possible to make an alternative argument that the bar on judges or former judges answering questions related solely to the exercise of their judicial functions.
Labour's justice spokesman and deputy leader, Mr Brendan Howlin, said he would like to see Mr O'Flaherty's view tested.