The Philip Sheedy affair was an Irish political and judicial controversy which resulted in the resignation of both a Supreme Court and High Court judge.
Background
Philip Sheedy, an architect, was involved in a road traffic accident in March 1996 at the Glenview Roundabout, 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 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.[1] 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.[2]
Imprisonment and Burke Visits
Sheedy, after initially being incarcerated in Mountjoy Prison, was moved to Shelton Abbey, an open prison, after six months' imprisonment. There he was visited by his friend Joe Burke, a former Fianna Fáil councilor and a member of the so-called "Drumcondra Mafia", who had loaned the then Taoiseach Bertie Ahern 3,500 Irish pounds 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.[3]
Ahern Intervention
In July 1998 the Taoiseach, Bertie Ahern contacted then minister for justice John O'Donoghue to ask him whether it would be possible for Philip Sheedy to get day release.[4] Initially, Ahern had vehemently denied that he concealed his representations to the Department of Justice on behalf of Philip Sheedy.
'Chance meeting' and O'Flaherty Intervention
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.[5]
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 gardaí 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.[6]
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, then Minister for Justice asked 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.[7]
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.[8]
On 20 April Judge Cyril Kelly and Michael Quinlan, the Dublin County Registrar, resigned their positions.[9]
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 (EIB), taking the position of vice-president. This appointment resulted in a massive public outcry. The appointment was eventually withdrawn by the government.[10]
References
- ^ "Architect gets four years jail for causing road death". The Irish Times. October 10, 1997. Retrieved 2009-02-12.
- ^ "Early release of man imprisoned for dangerous driving causing death challenged". The Irish Times. February 2, 1999. Retrieved 2009-02-12.
- ^ Irish Independent. May 12, 2002 job for Sheedy affair pal of Ahern http://www.independent.ie/national-news/plum-job-for-sheedy-affair--pal-of-ahern-500883.htmltitle=Plum job for Sheedy affair pal of Ahern. Retrieved 2009-02-12.
{{cite news}}: Check|url=value (help); Missing or empty|title=(help) [dead link] - ^ "Feeding the conspiracy theories". The Irish Times. January 1, 2008. Retrieved 2009-02-12.
- ^ "`Chance meeting' may bring former judge's neighbors into spotlight city". The Irish Times. May 5, 1999. Retrieved 2009-02-12.
- ^ "Early release of man imprisoned for dangerous driving causing death challenged". The Irish Times. February 2, 1999. Retrieved 2009-02-12.
- ^ "Report says justice was compromised in Sheedy case". RTÉ News. April 16, 1999. Retrieved 2009-02-12.
- ^ "Supreme Court judge resigns over Sheedy controversy". RTÉ News. April 17, 1999. Retrieved 2009-02-12.
- ^ "Judge Cyril Kelly and Registrar resign over Sheedy affair". RTÉ News. April 20, 1999. Retrieved 2009-02-12.
- ^ "Government lost heart in O'Flaherty nomination". The Sunday Business Post. September 3, 2000. Retrieved 2009-02-12.