The following is the Chief Justice's report, without appendices, into how the judiciary dealt with the Sheedy case. It was published yesterday by the Oireachtas Joint Committee on Justice, Equality and Women's Rights.
Background
By order of the District Court made on the 6th day of November, 1996, the above named Philip Sheedy was returned for trial to the then present sitting of the Dublin Circuit (Criminal) Court in respect of offences contrary to the provisions of the Road Traffic Act 1961 (as amended) alleged to have been committed by him on the 15th day of March 1996 and which resulted in the death of Anne Ryan. A copy of the said Order is annexed hereto and is designated Annex No. 1.
The matter was first listed in the Dublin Circuit (Criminal) Court before His Honour Judge O'Connor on the 13th day of December, 1996 in compliance with the aforesaid Order of the District Court returning the accused for trial to the present sitting thereof and was adjourned for trial to the 7th May, 1997.
It appears from the records of the Dublin Circuit (Criminal) Court that the matter was adjourned from time to time between that date and the 11th day of June 1997: that in such intervening period it was listed before His Honour Judge Cyril Kelly on the 21st day of March, 1997, the 7th day of May, 1997, and the 11th day of June, 1997.
On the 21st day of March, 1997, the matter was adjourned for arraignment in lieu of trial to the 7th day of May, 1997.
On the 7th May, 1997, it was further adjourned for arraignment until the 11th day of June, 1997, due to the unavailability of counsel for the accused.
As appears from the indictment in this case (Bill No. 826/96) the said Philip Sheedy was due to be arraigned in respect of the following offences:
1. Dangerous driving causing death contrary to Section 53(1), as amended by Section 51 of the Road Traffic Act, 1968, of the Road Traffic Act 1961;
2. Dangerous driving causing death contrary to Section 53(1), as amended by Section 51 of the Road Traffic Act, 1968 of the Road Traffic Act, 1961;
3. Driving a mechanically propelled vehicle in a public place while having in the body a concentration of alcohol exceeding 117 milligrams of alcohol per 100 millilitres of blood contrary to Section 49(7) of the Road Traffic Act 1961 as inserted by Section 10 of the Road Traffic Act 1994.
The matter came into the Dublin Circuit (Criminal) Court list for arraignment before the then Judge Cyril Kelly, the Presiding Judge thereof, on the 11th day of June, 1997.
The accused, Philip Sheedy, having been arraigned in respect of the foregoing offences, pleaded guilty to Counts 1 and 3.
The Presiding Judge then adjourned the matter for sentence until the 20th day of October, 1997, and ordered that Medical Reports and a Probation and Welfare Report be obtained and remanded the accused on continuing bail until the said 20th day of October, 1997.
Though the Court Order made in this case records that the said proceedings on the 11th day of June, 1997, were held "Before His Honour Judge Matthews at the Law Courts, Chancery Place, Dublin", it is clearly established that these proceedings were in fact before the then Judge Kelly.
The matter was in accordance with such order listed for hearing on the 20th October, 1997, before His Honour Judge Kelly who was the presiding judge and who had dealt with the matter on the 11th day of June, 1997.
One of the judges dealing with criminal business in the Circuit Criminal Court on that day was His Honour Judge Matthews and Judge Kelly transferred the case of the DPP v Sheedy to Judge Matthews to deal with, which he did.
The Court Order recites "that on the 20th October, 1997, the Court having heard the evidence tendered and the submissions made on behalf of the respective parties doth order the accused to be imprisoned for a period of 4 years on Count 1, to be reviewed on the 20th October, 1999. The Court ordered that the accused be disqualified from holding a driving licence for 12 years. The Court doth further order that the accused be disqualified from holding a driving licence for a period of 1 year in respect of Count 3. Grant liberty to the Director of Public Prosecutions pursuant to the provisions of Section 12 of the Criminal Justice (Administration) Act, 1924 to enter a Nolle Prosequi in respect of Count No. 2".
On the 6th day of November, 1997, an ex- parte application was made on behalf of the accused, Philip Sheedy, to His Honour Judge Matthews to vacate that part of the Order made on the 20th October, 1997, which had set down the 20th October, 1999, as a review date for the sentence imposed on the 20th day of October, 1997, and the Court ordered the review date to be so vacated.
Neither on the 20th October, 1997, nor on the 6th day of November, 1997, was any application made to the Court for a certificate of leave to appeal to the Court of Criminal Appeal on the ground that the sentence was excessive or on any other ground.
The foregoing facts are confirmed by the relevant Case Sheet and Orders made by the Circuit Court on the 11th June, 1997, the 20th day of October, 1997, the 6th day of November, 1997, and the 12th day of November, 1998, copies of which documents are annexed hereto and are numbered 2, 3, 4 and 5 respectively.
Listing of case on the 12th day of November 1998
Though the matter was finally disposed of by the aforesaid orders of the Circuit (Criminal) Court made on the 20th day of October, 1997, and on the 6th day of November, 1997, respectively, the matter was listed in Court 24 before the Presiding Judge, Judge Cyril Kelly, on the 12th day of November, 1998.
By Order made on that date the Court (Judge Cyril Kelly) did order that the balance of the sentence imposed on the 20th day of October, 1997, be suspended on the accused's undertaking in his own bond of £100 that he would keep the peace and be of good behaviour towards all the People of Ireland for a period of three years from the 12th November.
The said order further stated: "And it was further ordered that the review date fixed for the 20th October, 1999, be vacated."
Having regard to the terms of the Order made on the 6th day of November, 1997, this portion of the order was superfluous.
Judicial Review
On the 22nd day of February, 1999, the Director of Public Prosecutions applied to the High Court (Mr Justice Barr) for and was granted leave to apply by way of an application for Judicial Review for:
(1) An Order of Certiorari quashing the Order made by the Honourable Circuit Judge on the 12th day of November, 1998, whereby he suspended the balance of the sentence previously imposed on the Notice Party (Philip Sheedy) on the 20th day of October, 1997.
(2) All necessary Orders and Warrants required to implement the Orders made by His Honour Judge Matthews on the 11th June, 20th October and 6th November, 1997, on the grounds that:
1. The Respondent (Judge Cyril Kelly) acted in excess of jurisdiction in purporting to vary the sentence of imprisonment imposed on the Notice Party (Philip Sheedy) at a time when a final order had been made in respect thereof.
2. At the time when the purported variation of sentence was made, the Respondent had no seisin of the case and the case was never properly before him.
3. The Respondent acted in excess of jurisdiction and contrary to the principles of natural and constitutional justice in purporting to vary the said sentence when the Applicant (the DPP) had not been notified that any application in respect thereof was intended to be made.
4. The Respondent acted in excess of jurisdiction in purporting to vary the sentence of imprisonment previously imposed by another judge of the Circuit Court.
When the application was listed for hearing before the High Court (Miss Justice Laffoy) on the 25th day of March, 1999, the Notice Party (Philip Sheedy) withdrew his opposition to the making of the Order sought on behalf of the Director of Public Prosecutions and the High Court granted an Order of Certiorari quashing the Order made by the Respondent (Judge Kelly) on the 12th day of November, 1998, whereby he suspended the balance of the sentence previously imposed on the Notice Party (Philip Sheedy) on the 20th day of October, 1997.
A copy of the said Order is annexed hereto at appendix No. 6.
Disquiet and concern
The circumstances of the re-listing of this case in the Circuit (Criminal) Court on the 12th day of November, 1998, and the manner in which it was dealt with occasioned considerable public disquiet and concern as expressed in Dail Eireann and the media generally.
This disquiet and concern was shared by the members of the judiciary. The circumstances of the case raised the following issues: