An unprecedented confrontation between a member of the Supreme Court and the Oireachtas is looming, following the Chief Justice's damning report into the handling of the Philip Sheedy case by two senior judges.
After a day of high drama, tensions between the Government and Mr Justice Hugh O'Flaherty of the Supreme Court and Mr Justice Cyril Kelly of the High Court escalated last night when one, Mr Justice O'Flaherty, said he was not contemplating resignation.
"I did nothing wrong," he told RTE television news. "I will face whatever has to be faced . . . You cannot remove a judge from office by simply hyping something up and spreading rumours."
He said he was willing to "forgive and forget" those politicians who had "asserted motives that clearly are not there" in his involvement in the Sheedy case.
Mr Justice Kelly, meanwhile, remained silent. He gave no indication of how he intended to react to the report's finding that by his conduct as a Circuit Court judge he had "compromised the administration of justice", as the Chief Justice, Mr Justice Liam Hamilton found.
Mr Justice Hamilton described Mr Justice O'Flaherty's conduct in the Sheedy affair as "inappropriate and unwise" and accused him of "damaging the administration of justice".
After considering the report at a morning Cabinet meeting, the Government wrote to the two judges, outlining the action the Government intended to take if they did not voluntarily step down. Up to last night, it had received no reply.
Since the Government cannot compel judges to resign, it is left with only a resolution of impeachment in the Oireachtas.
The intensity of criticism of the judges in the Chief Justice's conclusions took politicians by surprise and privately it was hoped they would resign.
Though Mr Justice Hamilton found Mr Justice O'Flaherty's involvement in the case of Sheedy (who was convicted of killing a mother by his drunk driving) was grounded in a spirit of "humanitarian interest", his intervention left his motives open to misinterpretation..
The report said Judge Kelly "failed to conduct the case in a manner befitting a judge" and his handling of it "compromised the administration of justice".
If the two men refuse to resign, the Government will seek to remove them under Article 35.4.1 of the Constitution. This states that "a judge of the Supreme Court or the High Court shall not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by Dail Eireann and by Seanad Eireann calling for his removal".
The Cabinet will meet again on Tuesday to hear a further report from the Minister for Justice, Mr O'Donoghue, which is intended to shed light on the role of court officials, particularly the County Registrar, Mr Michael Quinlan, in the listing of the Sheedy case last November when he was controversially released by Judge Kelly.
This document will be given to the Joint Oireachtas Committee on Justice, Equality and Women's Rights, which yesterday published the Chief Justice's findings after a brief meeting.
The chairman of the committee, Mr Eoin Ryan, said the group could do "nothing more" and must await instructions from the Oireachtas before deciding how to address Mr Justice O'Flaherty's request to make a statement to it.
Mr Justice O'Flaherty wrote to the committee chairman expressing deep regret for his "inappropriate and unwise actions" which left his position open to misinterpretation "and in that way damaged the administration of justice".
"I am determined to do all I can to redress this damage", he said.
Government sources said there was no objection in principle to allowing the judge to appear before the committee - which may also further investigate the Chief Justice's report.
Shortly after the Dail resumes on Tuesday, following the Easter recess, Mr O'Donoghue will go before the House with an outline of how the Government intends to proceed. According to the Minister, "things will be clearer by then".
However, last night's comments by Mr Justice O'Flaherty mean that a major clash between the Oireachtas and at least one senior member of the judiciary is inevitable. Mr O'Donoghue insisted "due process" must be observed and fair play would prevail.
The judges of the High Court have arranged to meet on Monday to consider the report. Confirming that the Bar Council would also be meeting, its chairman, Mr John McMenamin SC, last night said everything should be done to preserve the independence of the judiciary and to restore public confidence in the justice system.
"The determination as to what should be done lies with the two men and their families," he added.
Politicians united in asserting the gravity of the findings. The Taoiseach, Mr Ahern, described them as "stark" while the Tanaiste, Ms Harney, said they were "very serious". The Fine Gael leader, Mr John Bruton, warned his parliamentary party not to say anything that could prejudice any Oireachtas decision arising from the report.
Labour's justice spokesman, Mr Brendan Howlin, said the findings of undisputed facts were so grave as to amount to charges of "stated misbehaviour" by the judges.