Oireachtas

TDs promised full statement on Sheedy after inquiry

The Dail was promised a full statement on the circumstances in which a man sentenced to four years' imprisonment for dangerous…

Wed Mar 31 1999 - 01:00

The Dail was promised a full statement on the circumstances in which a man sentenced to four years' imprisonment for dangerous driving, causing death, was released after serving one year.

Speaking in the adjournment debate the Minister of State Mr Frank Fahy said that the Minister for Justice, Mr O'Donoghue, was taking the issue very seriously. Mr O'Donoghue had instituted an inquiry and would be reporting to the House as soon as he had the information it sought.

Calling for an explanation, Mr Brendan Howlin (Lab) said that Philip Sheedy, an architect, was originally sentenced by Judge Joseph Mathews in Dublin Circuit Court. Judge Mathews had indicated that he was prepared to review the sentence after two years. However, at Mr Sheedy's request the provision that the sentence could be reviewed was removed.

According to Mr Howlin, "what happened next was at best peculiar and at worst quite sinister". After Sheedy had served one year of his sentence, his case was relisted and appeared before Judge Cyril Kelly "without any notice having been given to the Chief State Solicitor or the Director of Public Prosecutions".

READ MORE

Despite the absence of a solicitor or counsel for the prosecution, "Judge Kelly nonetheless proceeded to review Mr Sheedy's sentence and decided to suspend the remaining three years."

In what was "a truly extraordinary state of affairs" a friend of the family of the victim, Ms Anne Ryan, spotted Sheedy in the street and reported the fact to the family, who queried the early release with the Gardai.

Mr Jim Higgins (FG), who referred to the DPP's challenge of Judge Kelly's decision by way of an application for a judicial review, said that on Thursday last when the judicial review took place, there was no appearance on behalf of Judge Kelly. "Counsel for the defendant withdrew the objection to the DPP's application and the defendant surrendered himself at Mountjoy jail."

Mr Higgins said that if there were no satisfactory explanation the Dail would have no alternative but to seek to move in accordance with Article 34.41 of the Constitution. The article refers to the supervision of the conduct of courts by the Oireachtas.