A retired Dublin shopkeeper who sought to challenge the constitutionality of legislation passed by the Dail last year to deal with the payment of pensions to two former judges who resigned in the wake of the Sheedy affair had his claim dismissed as "frivolous" by a High Court judge yesterday.
Mr Justice O Caoimh described the action taken against the Taoiseach, Cabinet, Attorney General and the State by Mr James Farley, Howth Road, Clontarf, Dublin, in which Mr Farley alleged that the Courts (Supplemental Provisions) Amendment Act, 1999, was unconstitutional as "frivolous and vexatious" and struck it out.
Mr Farley claimed the 1999 Act would confuse future generations and give the wrong signal that people in elevated positions were above the law as, he alleged, had been confirmed all through the Philip Sheedy affair.
Sheedy, an architect, of Newpark, Leixlip, Co Kildare is due to be freed on February 27th after serving two years of a sentence in connection with a fatal road accident in Dublin nearly four years ago.
A car driven by Sheedy collided with a car carrying members of the Ryan family, Tymon Crescent, Old Bawn, Tallaght, Dublin, on the night of March 9th, 1996. Mrs Anne Ryan died while her husband, John, two of their children and another child passenger were injured.
A Supreme Court judge, Mr Hugh O'Flaherty, a High Court Judge, Mr Cyril Kelly, and a Circuit Court Registrar all resigned amid controversy over the handling of the case.
Special legislation was put through the Dail which, Mr Farley alleged, was intended to ensure that the two judges were able to avail of a special early-retirement package.
For the defendants to award full retirement pension to certain judges involved in misconduct of an impeachable offence, which had brought the courts into scandal and dispute, would prejudice the courts and public confidence in the administration of justice and public respect and confidence in the judiciary and government, Mr Farley claimed in an affidavit.
Mr Anthony Hunt, for the State, applied to have the case dismissed and said the only claim for relief the plaintiff appeared to be seeking was a declaration that the Act was unconstitutional.
Mr Justice O Caoimh dismissed the action and awarded costs to the State against Mr Farley.