The case of Philip Sheedy, who voluntarily returned to Mountjoy Jail last Thursday rather than challenge a review by the Director of Public Prosecutions into his release, merits a thorough and detailed investigation. The Government will be asked in the Dail today for a full explanation. But it may not be forthcoming. Since the courts and the legal profession are concerned, the Government will be reluctant to become involved. Traditionally, governments have cited the separation of powers under the Constitution and have claimed they have no responsibility in these matters.
The facts of the case bear repetition. On March 15th, 1996, a car driven by architect Philip Sheedy went out of control at Glenview Roundabout in Tallaght, and struck and killed mother of two, Mrs Anne Ryan. Mr Sheedy, who was over the alcohol limit, pleaded guilty to dangerous driving in the Circuit Court and was sentenced to four years imprisonment by Judge Joseph Mathews in October, 1997. In rejecting a defence plea for a suspended sentence, Judge Mathews gave leave to apply for a review in two years. But because cases such as this normally attract a 50 per cent remission in sentence, the review provision was little more than a gesture. Mr Sheedy seemed certain to spend two years in jail.
However, one month later, counsel for Mr Sheedy sought, and secured, removal of the review provision by Judge Mathews. A year later, on November 12th, 1998, in a highly unusual development, the case was listed for re-hearing before then Circuit Court Judge Cyril Kelly and not before Judge Mathews who had heard the original case. Even more bizarre, neither the Attorney General nor the Garda was notified by defence counsel of the hearing and were not present in court. Judge Kelly suspended the remaining three years of Mr Sheedy's sentence and he walked free.
It was only when he returned to work and was seen by a member of the Ryan family that the authorities were alerted to his release. Last week, when the DPP challenged the decision in the High Court, his counsel argued that a judge of equal rank to Judge Mathews could not interfere with his decision and that the case should have been brought to the Court of Criminal Appeal or to the High Court for judicial review.
How the case came to be listed for hearing, or why, had not been satisfactorily discovered, the court was told. Neither was any explanation offered about the failure of the defence legal team to notify the Attorney General or the Garda about the appeal. Mr Justice Kelly, recently promoted to the High Court, was not represented at the hearing.
The Fine Gael spokesman on Justice, Mr Jim Higgins, and the Labour Party spokesman, Mr Brendan Howlin, will raise the matter in the Dail today. They will reject the official view that the case should be left to the Courts. As the Courts Authority Board has yet to be appointed, administrative details and the rules of procedure still fall within the domain of the Department of Justice. On the face of it, the voluntary return of Mr Sheedy to prison would seem designed to prevent a formal judicial review of this case by the Director of Public Prosecutions. Given the public disquiet that exists and the possibility of a serious injustice having been visited upon Mr Sheedy's victim and her family, a thorough investigation is essential.
If other avenues prove fruitless, surely this is a case in which action is called for by the President of the High Court, Mr Justice Morris or by the Chief Justice, Mr Justice Hamilton.