A former minister for justice has called for legislation to allow a retired judge investigate the Sheedy affair on behalf of a Dail committee.
The Fine Gael TD, Mr Jim Mitchell, who is a candidate in Dublin in the European elections, served in the Department in the early 1980s. Speaking yesterday as a member of the Oireachtas Committee on Justice, Equality and Women's Rights, he said the legislation should allow a former judge report to the committee on the non-judicial aspects of the case and advise it on what kind of investigation it could pursue.
"The former judge would act as an agent of the committee and know the kind of questions to ask. There is a number of retired members of the judiciary who would be suitable."
Mr Mitchell's call follows the refusal by the Chief Justice, Mr Justice Hamilton, to reopen his investigation into the affair, claiming it would be "constitutionally impermissible" for him to do so. The committee is to seek clarification from Mr Hamilton.
The committee has asked the two judges and an official who resigned because of the affair, Mr Justice Hugh O'Flaherty of the Supreme Court, Mr Justice Cyril Kelly of the High Court and the Dublin county registrar of the Circuit Court, Mr Michael Quinlan, to give evidence before it. Refusing to attend, Mr O'Flaherty said the Constitution stated that neither a judge nor a former judge was answerable to the Oireachtas or any other institution of State, save where an impeachment motion was in the process of being invoked.
Philip Sheedy was released from jail last October after Mr Kelly, then a Circuit Court judge, suspended the remaining three years of a four-year sentence imposed for drunk-driving causing death. The case was listed for hearing by Mr Kelly after Mr O'Flaherty had asked Mr Quinlan if such a listing was possible. Mr O'Flaherty has said his action was motivated by humanitarian concerns. Mr Kelly has not given reasons.
