Philip Sheedy affair: Difference between revisions

▲Philip Sheedy, an [[architect]], was involved in a [[road traffic accident]] in March 1996 at the Glenview Roundabout, [[Tallaght|Tallaght Bypass]], [[Co. Dublin]] which resulted in the death of Anne Ryan. It transpired that Sheedy, who was driving a high performance sports car that he had purchased the previous day, was [[drunk driving|intoxicated]]. Sheedy plead guilty to causing death by dangerous driving before Judge Cyril Kelly in Dublin Circuit Criminal Court in October 1997 and also admitted to driving with excess alcohol. On the day of sentencing Judge Joseph Mathews was asked by Judge Kelly to step-in and sentence Sheedy. Judge Matthews imposed a four year sentence on Sheedy with leave to apply for a review of the sentence after two years (20 October 1999), as well as banning him from driving for twelve years.<ref>{{cite news|url=http://www.irishtimes.com/newspaper/ireland/1997/1021/97102100028.html|title=Architect gets four years jail for causing road death|date=October 10, 1997|work=The Irish Times|accessdate=2009-02-12}}</ref> On 6 November 1997 Judge Mathews granted an application on Sheedy's behalf to vacate the order which set 20 October 1999 as the review date of Sheedy's sentence.<ref>{{cite news|url=http://www.irishtimes.com/newspaper/ireland/1999/0223/99022300005.html|title=Early release of man imprisoned for dangerous driving causing death challenged|date=February 2, 1999|work=The Irish Times|accessdate=2009-02-12}}</ref>

▲Sheedy, after initially being incarcerated in [[Mountjoy Prison]], was moved to [[Shelton Abbey Prison| Shelton Abbey]], an [[open prison]], after six months' imprisonment. There he was visited by his friend Joe Burke, a former [[Fianna Fáil]] [[local government|councilor]] and a member of the so-called "Drumcondra Mafia", who had loaned the then Taoiseach Bertie Ahern 3,500 [[Irish pound]]s as part of the "dig outs" Ahern received around the time of his marriage breakup. Burke, who worked as a [[building contractor]], had employed Sheedy as an architectural advisor to his company J&H Burke and Son.<ref>{{cite news|url=http://www.independent.ie/national-news/plum-job-for-sheedy-affair--pal-of-ahern-500883.htmltitle=Plum job for Sheedy affair pal of Ahern|date=May 12, 2002|work=Irish Independent|accessdate=2009-02-12}} {{Dead link|date=October 2010|bot=H3llBot}}</ref>

▲In July 1998 the [[Taoiseach]], [[Bertie Ahern]] contacted then minister for justice [[John O'Donoghue (politician)|John O'Donoghue]] to ask him whether it would be possible for Philip Sheedy to get day release.<ref>{{cite news|url=http://www.irishtimes.com/newspaper/opinion/2008/0108/1199313619514.html|title=Feeding the conspiracy theories|date=January 1, 2008|work=The Irish Times|accessdate=2009-02-12}}</ref> Initially, Ahern had vehemently denied that he concealed his representations to the Department of Justice on behalf of Philip Sheedy.

▲[[Supreme Court of Ireland|Supreme Court]] [[Judge]] [[Hugh O'Flaherty]] intervened on Sheedy's behalf after an "entirely by chance" encounter between the judge, who was walking his dog, and the son of a neighbor Ken Anderson and Anderson's girlfriend, who was Philip Sheedy's sister, in October 1998. After the encounter, Dublin County Registrar Michael Quinlan was called to Judge O'Flaherty's chambers to have Sheedy's case re-listed.<ref>{{cite news|url=http://www.irishtimes.com/newspaper/ireland/1999/0501/99050100038.html|title=`Chance meeting' may bring former judge's neighbors into spotlight city|date=May 5, 1999|work=The Irish Times|accessdate=2009-02-12}}</ref>

▲=== Sentence Review and Release===

▲On 12 November 1998, after O'Flaherty's intervention, Sheedy's sentence was reviewed before Judge Cyril Kelly, and not Judge Matthews, as would be the correct procedure. After the brief hearing Judge Kelly remitted what was left of Sheedy's sentence. Neither the [[garda]]í nor the [[Director of Public Prosecutions]] (DPP) were told of the review or the fact that Sheedy was released. The only representation by the state was the appearance of a clerk in the Chief State Solicitor's office who saw a listing for the matter and brought the file to court but did not know for what purpose.<ref>{{cite news|url=http://www.irishtimes.com/newspaper/ireland/1999/0223/99022300005.html|title=Early release of man imprisoned for dangerous driving causing death challenged|date=February 2, 1999|work=The Irish Times|accessdate=2009-02-12}}</ref>

▲== Fallout ==

▲=== High Court Challenge ===

▲The DPP brought a High Court challenge to a Judge O'Flaherty's decision to release Sheedy in February 1999. Prior to the case being heard Sheedy had voluntarily returned to prison.

▲=== Hamilton Report ===

▲On the basis of the DPP's High Court challenge [[John O'Donoghue (politician)|John O'Donoghue]], then Minister for Justice asked [[Chief Justice of Ireland|Chief Justice]] Liam Hamilton to investigate the affair. The Chief Justice's report was published 16 April 1999. In it, Judge Hamilton stated that Judge Kelly's handling of the matter and Judge O'Flaherty's intervention compromised the administration of justice.<ref>{{cite news|url=http://www.rte.ie/news/1999/0416/sheedy.html|title=Report says justice was compromised in Sheedy case|date=April 16, 1999|work=RTÉ News|accessdate=2009-02-12}}</ref>

▲=== Resignations ===

▲The first person to resign was Judge Hugh O'Flaherty. In his report, Judge Hamilton was critical of Judge O'Flaherty whose actions he deemed to be "open to misinterpretation." Initially, Judge O'Flaherty refused to resign, and instead wrote to the Chairman of the [[Oireachtas]]'s Justice, Equality and Women's Affairs Committee asking to make a statement to the committee as soon as possible, however, the next day he resigned from the Supreme Court.<ref>{{cite news|url=http://www.rte.ie/news/1999/0417/sheedy.html|title=Supreme Court judge resigns over Sheedy controversy|date=April 17, 1999|work=RTÉ News|accessdate=2009-02-12}}</ref>

▲On 20 April Judge Cyril Kelly and Michael Quinlan, the Dublin County Registrar, resigned their positions.<ref>{{cite news|url=http://www.rte.ie/news/1999/0420/sheedy.html|title=Judge Cyril Kelly and Registrar resign over Sheedy affair|date=April 20, 1999|work=RTÉ News|accessdate=2009-02-12}}</ref>

▲=== O'Flaherty Appointment to EIB ===

▲After his resignation Hugh O'Flaherty was nominated by [[Charlie McCreevy]], then Minister for Finance, to be Ireland's representative to the [[European Investment Bank|European Investment Bank (EIB)]], taking the position of vice-president. This appointment resulted in a massive public outcry. The appointment was eventually withdrawn by the government.<ref>{{cite news|url=http://archives.tcm.ie/businesspost/2000/09/03/story489339038.asp|title=Government lost heart in O'Flaherty nomination|date=September 3, 2000|work=The Sunday Business Post|accessdate=2009-02-12}}</ref>

▲== References ==

▲{{reflist}}