MR Justice Hugh O'Flaherty of the Supreme Court is expected to be asked to comment about his possible involvement in the irregular listing of the Philip Sheedy case before the Circuit Criminal Court, when he returns from the United States this week.
The investigation was instituted by the Chief Justice, Mr Liam Hamilton, and is being carried out by the President of the High Court, Mr Justice Frederick Morris.
A parallel investigation by the President of the Circuit Court, Mr Justice Esmond Smyth, into the circumstances leading to the hearing of the case before Mr Justice Cyril Kelly and the early release of Sheedy from prison, has already been completed and submitted to the Chief Justice.
Mr Justice Hamilton said yesterday when contacted at his home that an investigation was ongoing. He declined to make any comment on the case and could not say when a report to the Government would be finalised.
Official sources indicated that Mr Justice O'Fhaherty was due to return from holiday in the United States next Thursday or Friday and the expectation is that Mr Justice Morris will seek to interview him as a matter of urgency.
Last Thursday, fresh impetus was injected into the inquiry when the Minister for Justice, Mr O'Donoghue, told the Dail he had just received a letter from the Dublin County Registrar, Mr Michael Quinlan, in which a "certain individual" was identified as having requested that the Sheedy case be listed on a specified date before Mr Justice Kelly. The Dublin County Registrar is responsible for listings before the Circuit Criminal Court.
Mr O'Donoghue referred this document to the Attorney General, Mr David Byrne, for transmission to the Chief Justice, on the grounds that certain matters would have to be put to a member, or members, of the judiciary for their response.
It is not known whether following this information - and an earlier statement by an official in the State Solicitor's Office - Mr Justice Smyth will review the findings of his investigation.
Because the Dail does not resume after the Easter recess until April 20th, the Government and the judiciary have been granted a two-week breathing space before the Opposition returns to the charge. But there is no doubt they will seek a full explanation for all the irregular aspects of the affair.
Mr Sheedy was sentenced to four years' imprisonment in November 1997 for dangerous driving leading to the death of a young Dublin mother of two, Mrs Anne Ryan. A review date was set for November 1999, which meant Mr Sheedy would have to serve a minimum of two years in jail.
A year later, however, following removal of the review date, the remaining three years of the sentence were suspended.
The Director of Public Prosecutions, Mr Eamonn Barnes, appealed against the decision to suspend the remainder of the sentence to the High Court, on the grounds that proper procedures had not been followed. The appeal was first mentioned in the High Court on February 12th last and when it came for hearing on March 25th Mr Sheedy voluntarily presented himself for readmittance to Mountjoy Prison.
On the night of February 11th, the Attorney General rang the Minister for Justice in Berlin to advise him that "improper practices" may have been involved.
On the following day, February 12th, Mr O'Donoghue directed that the matter be brought to the attention of the Chief Justice. He also asked that a criminal investigation be undertaken by the Garda Commissioner. This did not happen, however, because of the DPP's appeal, and an internal investigation was established.