Mr Justice Hugh O'Flaherty has made a statement to the Chief Justice on the circumstances surrounding the court listing of the Philip Sheedy case, and Mr Justice Hamilton's report on the affair is expected to be completed this week.
The Supreme Court judge, who returned from the United States on Monday, visited the Chief Justice in the Four Courts yesterday, where he later said he had made "a full statement of my position".
He added he would not be making any detailed public comment as he had taken the view, "rightly or wrongly", that the way to deal with the matter was to discuss it with Mr Justice Hamilton.
He had taken the first opportunity after returning from a three-week visit to the US to clarify the matter, he said. His statement had been "full" and "fair" and if the Chief Justice had any further questions he would be available to answer them.
Mr Justice Hamilton last night confirmed he had met Mr Justice O'Flaherty and said he would be producing a report on the matter in due course.
Asked if he would be speaking to any other individuals about the case, Mr Justice Hamilton said that was a matter for him alone. However, it is understood his report to the Attorney General, Mr David Byrne, is likely to be completed within two days.
According to the Department of Justice, two separate reports are being drawn up to assist Mr Justice Hamilton: the first by the President of the Circuit Court, Mr Justice Esmond Smyth; and the second by the President of the High Court, Mr Justice Morris.
Senior officials at the Department of Justice are conducting a separate inquiry on behalf of the Minister. They have sought information from court officials and staff in the offices of the Chief State Solicitor and the Director of Public Prosecutions. The Minister for Justice has not ruled out the possibility of a Garda inquiry.
The controversy arose just over a week ago when it emerged that Philip Sheedy, a Dublin architect, was freed from jail last November having served just one year of a four-year jail sentence for dangerous driving causing death. A young Dublin woman, Mrs Anne Ryan, died when the car Sheedy was driving while over the legal alcohol limit struck her in Tallaght in March 1996.
On November 12th last, after Sheedy had served just one year in jail, the balance of his sentence was suspended by the then Dublin Circuit Court judge, Judge Cyril Kelly, now a judge of the High Court. Neither the Director of Public Prosecutions nor the Garda was made aware that the case was listed for review by Judge Kelly that day.
This decision of Judge Kelly was challenged by the DPP last month. Sheedy did not contest the challenge, thereby ensuring the DPP's action would be successful. He went voluntarily to Mountjoy Prison to be readmitted.
In the course of the inquiries it has emerged that an individual had been identified as having allegedly asked the Dublin County Registrar of the Circuit Court, Mr Michael Quinlan, to list the case for a specific date before Mr Justice Kelly. It was this listing that caused the current controversy.
Fine Gael said the case called into question the integrity of the judicial process. Demanding a briefing from the Minister of Justice, publication of the various reports and a full Dail debate, the party's justice spokesman, Mr Jim Higgins, said a number of questions needed to be answered.
These included: who had been responsible for listing the case in the Circuit Criminal Court?; what had been the motivation?; and why had the case been heard by Judge Kelly "when it should have been sent to the Court of Criminal Appeal or to the High Court?"