Philip Sheedy affair

Last updated

The Philip Sheedy affair was an Irish political and judicial controversy which resulted in the resignation of both a Supreme Court and High Court judge.

Contents

Background

Philip Sheedy, an architect, was involved in a road traffic accident in March 1996 at the Glenview Roundabout, Tallaght Bypass, County Dublin which resulted in the death of Anne Ryan. It transpired that Sheedy, who was driving a high performance sports car that he had purchased the previous day, was intoxicated. Sheedy pled guilty to causing death by dangerous driving before Judge Cyril Kelly (as he was then) in Dublin Circuit Criminal Court in October 1997 and also admitted to driving with excess alcohol. On the day of sentencing Judge Joseph Mathews was asked by Judge Kelly to step-in and sentence Sheedy. Judge Matthews imposed a four-year sentence on Sheedy with leave to apply for a review of the sentence after two years (20 October 1999), as well as banning him from driving for twelve years. [1] On 6 November 1997 Judge Mathews granted an application on Sheedy's behalf to vacate the order which set 20 October 1999 as the review date of Sheedy's sentence. [2]

Sheedy, after initially being incarcerated in Mountjoy Prison, was moved to Shelton Abbey, an open prison, after six months' imprisonment. There he was visited by his friend Joe Burke, a former Fianna Fáil councillor and a member of the so-called "Drumcondra Mafia", who had loaned the then Taoiseach, Bertie Ahern, 3,500 Irish pounds as part of the "dig outs" Ahern received around the time of his marriage break-up. Burke, who worked as a building contractor, had employed Sheedy as an architectural advisor to his company J&H Burke and Son. [3]

In July 1998 the Taoiseach, Bertie Ahern, contacted then minister for justice John O'Donoghue to ask him whether it would be possible for Philip Sheedy to get day release. [4] Initially, Ahern had vehemently denied that he concealed his representations to the Department of Justice on behalf of Philip Sheedy.

Sentence review and release

Supreme Court judge Hugh O'Flaherty intervened on Sheedy's behalf after an "entirely by chance" encounter between the judge, who was walking his dog, and the son of a neighbour Ken Anderson and Anderson's girlfriend, who was Philip Sheedy's sister, in October 1998. After the encounter, Dublin County Registrar Michael Quinlan was called to Mr. Justice O'Flaherty's chambers to have Sheedy's case re-listed. [5]

On 12 November 1998, after O'Flaherty's intervention, Sheedy's sentence was reviewed before Mr. Justice Cyril Kelly, and not Judge Matthews, as would be the correct procedure. After the brief hearing Mr. Justice Kelly remitted what was left of Sheedy's sentence. Neither the gardaí nor the Director of Public Prosecutions (DPP) were told of the review or the fact that Sheedy was released. The only representation by the state was the appearance of a clerk in the Chief State Solicitor's office who saw a listing for the matter and brought the file to court but did not know for what purpose. [6]

Fallout

High Court challenge

The DPP brought a High Court challenge to Mr. Justice Kelly's decision to release Sheedy in February 1999. Prior to the case being heard Sheedy had voluntarily returned to prison.

Hamilton Report

On the basis of the DPP's High Court challenge John O'Donoghue, then Minister for Justice asked Chief Justice Liam Hamilton to investigate the affair. The Chief Justice's report was published 16 April 1999. In it, Chief Justice Hamilton stated that Mr. Justice Kelly's handling of the matter and Mr. Justice O'Flaherty's intervention compromised the administration of justice. [7]

Resignations

The first person to resign was Mr. Justice Hugh O'Flaherty. In his report, Chief Justice Hamilton was critical of O'Flaherty whose actions he deemed to be "open to misinterpretation." Initially, O'Flaherty refused to resign, and instead wrote to the Chairman of the Oireachtas's Justice, Equality and Women's Affairs Committee asking to make a statement to the committee as soon as possible, however, the next day he resigned from the Supreme Court. [8]

On 20 April, Mr. Justice Cyril Kelly and Michael Quinlan, the Dublin County Registrar, resigned their positions. [9]

O'Flaherty appointment to EIB

After his resignation Hugh O'Flaherty was nominated by Charlie McCreevy, then Minister for Finance, to be Ireland's representative to the European Investment Bank (EIB), taking the position of vice-president. This appointment resulted in a massive public outcry. The appointment was eventually withdrawn by the government. [10]

Related Research Articles

<span class="mw-page-title-main">Cearbhall Ó Dálaigh</span> President of Ireland from 1974 to 1976

Cearbhall Ó Dálaigh was an Irish Fianna Fáil politician, judge and barrister who served as the fifth president of Ireland from December 1974 to October 1976.

Raphael Patrick Burke is an Irish former Fianna Fáil politician who served as Minister for Foreign Affairs from June 1997 to October 1997, Minister for Justice from 1989 to 1992, Minister for Communications from 1987 to 1991, Minister for Industry and Commerce from 1988 to 1989, Minister for Energy from 1987 to 1988, Minister for the Environment from March 1982 to December 1982 and 1980 to 1981 and Minister of State at the Department of Industry, Commerce and Energy from 1979 to 1980. He served as a Teachta Dála (TD) from 1973 to 1997.

<span class="mw-page-title-main">Dermot Ahern</span> Irish former Fianna Fáil politician (b. 1955)

Dermot Christopher Ahern is an Irish former Fianna Fáil politician who served as Minister for Justice and Law Reform from 2008 to 2011, Minister for Foreign Affairs from 2004 to 2008, Minister for Communications, Marine and Natural Resources from 2002 to 2004, Minister for Social, Community and Family Affairs from 1997 to 2002 and Government Chief Whip and Minister of State at the Department of Defence from 1991 to 1992. He served as a Teachta Dála (TD) for the Louth constituency from 1987 to 2011.

<span class="mw-page-title-main">Courts of the Republic of Ireland</span>

The Courts of Ireland consist of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court, the District Court and the Special Criminal Court. With the exception of the Special Criminal Court, all courts exercise both civil and criminal jurisdiction, although when the High Court is exercising its criminal jurisdiction it is known as the Central Criminal Court.

The Guildford Four and Maguire Seven were two groups of people, mostly Irish, who were wrongly convicted in English courts in 1975 and 1976 for the Guildford pub bombings of 5 October 1974, and the Woolwich pub bombing of 7 November 1974. All the convictions were eventually quashed after long campaigns for justice, and the cases, along with those of the Birmingham Six, diminished public confidence in the integrity of the English criminal justice system.

Events from the year 1997 in Ireland.

Ivor Callely is an Irish former politician who served as a Fianna Fáil Teachta Dála (TD) for the Dublin North-Central constituency from 1989 to 2007 and a member of Seanad Éireann from 2007 to 2011, having been nominated by the Taoiseach, Bertie Ahern. Between 2002 and 2005 he served as a Minister of State. He resigned from the Fianna Fáil party on 24 August 2010 due to an expenses scandal.

<span class="mw-page-title-main">Special Criminal Court</span> Irish specialist court

The Special Criminal Court is a juryless criminal court in Ireland which tries terrorism and serious organised crime cases.

Gerard Hutch is an Irish criminal. He was the prime suspect for two of the biggest armed robberies in Irish history. Known for leading a "disciplined, ascetic lifestyle" since leaving prison in 1985, he was nicknamed "The Monk" by investigative journalist Veronica Guerin. Hutch is also the leader of the organized crime group the Hutch Gang, and was charged but acquitted of the murder of David Byrne.

<span class="mw-page-title-main">Bertie Ahern</span> 11th Taoiseach from 1997 to 2008

Bartholomew Patrick "Bertie" Ahern is an Irish former Fianna Fáil politician who served as Taoiseach from 1997 to 2008, Leader of Fianna Fáil from 1994 to 2008, Leader of the Opposition from 1994 to 1997, Tánaiste and Minister for Arts, Culture and the Gaeltacht from November 1994 to December 1994, Deputy Leader of Fianna Fáil from 1992 to 1994, Minister for Industry and Commerce in January 1993, Minister for Finance from 1991 to 1994, Minister for Labour from 1987 to 1991, Government Chief Whip and Minister of State at the Department of Defence from March 1982 to December 1982 and Lord Mayor of Dublin from 1986 to 1987. He served as a Teachta Dála (TD) from 1977 to 2011.

<span class="mw-page-title-main">Adrian Hardiman</span>

Adrian Hardiman was an Irish judge who served as a Judge of the Supreme Court from 2000 to 2016.

The Tribunal of Inquiry into Certain Planning Matters and Payments, commonly known as the Mahon Tribunal after the name of its last chairman, was a public inquiry in Ireland established by Dáil Éireann in 1997 to investigate allegations of corrupt payments to politicians regarding political decisions. It mostly investigated planning permissions and land rezoning issues in the 1990s in the Dublin County Council area. Judge Alan Mahon was the final chair of the tribunal and its other members were Judge Mary Faherty and Judge Gerald Keys. The original chairman, who was the sole member until just before his retirement, was Judge Feargus Flood, giving rise to the original common name of the Flood Tribunal.

The Twenty-second Amendment of the Constitution Bill 2001 was a proposed bill introduced by the government of the 28th Dáil to amend the Constitution of Ireland, to establish a body for the investigation of judges, and to alter the procedure for the removal of judges.

The Garda Síochána Ombudsman Commission (GSOC) is an independent statutory body in Ireland charged with overseeing the Garda Síochána, the national police force. It is a three-member body established under the Garda Síochána Act 2005 to deal with complaints from members of the public about the conduct of Gardaí.

David Kenneth Drumm is an Irish banking executive. He was the CEO of Anglo Irish Bank from 2005 to 2008. In 2018, he was convicted of fraud for actions during his time there related to the Anglo Irish Bank hidden loans controversy.

Nora Wall is a former Irish sister of the Sisters of Mercy who was wrongfully convicted of rape in June 1999, and served four days of a life sentence in July 1999, before her conviction was quashed. She was officially declared the victim of a miscarriage of justice in December 2005. The wrongful conviction was based on false allegations by two women in their 20s, Regina Walsh and Patricia Phelan. Walsh had a psychiatric history and Phelan had a history of making false allegations of rape prior to the event. Phelan subsequently admitted to having lied.

George Bernard Francis Clarke is an Irish barrister who was Chief Justice of Ireland from July 2017 to October 2021.

Liam Hamilton was an Irish judge and barrister who served as Chief Justice of Ireland and a Judge of the Supreme Court from 1994 to 2000, President of the High Court from 1985 to 1994 and a Judge of the High Court from 1974 to 1994.

Séamus Philip Woulfe is an Irish judge and lawyer who has served as a Judge of the Supreme Court of Ireland since July 2020. He previously served as Attorney General of Ireland from 2017 to 2020. Prior to holding public office, he was a barrister with a practice in the areas of commercial and public law.

On 17 September 2019, Kevin Lunney, chief operating officer of Quinn Industrial Holdings (QIH), was abducted from his home near Derrylin in the south of County Fermanagh, beaten, and left near Drumcoghill in County Cavan.

References

  1. ↑ "Architect gets four years jail for causing road death". The Irish Times. 10 October 1997. Archived from the original on 8 October 2012. Retrieved 12 February 2009.
  2. ↑ "Early release of man imprisoned for dangerous driving causing death challenged". The Irish Times. 2 February 1999. Archived from the original on 8 October 2012. Retrieved 12 February 2009.
  3. ↑ "Plum job for Sheedy affair pal of Ahern". Irish Independent. 12 May 2002. Retrieved 12 February 2009.
  4. ↑ O'Toole, Fintan (1 January 2008). "Feeding the conspiracy theories". The Irish Times. Archived from the original on 10 October 2008. Retrieved 12 February 2009.
  5. ↑ "'Chance meeting' may bring former judge's neighbours into spotlight city". The Irish Times. 5 May 1999. Archived from the original on 20 October 2012. Retrieved 12 February 2009.
  6. ↑ "Early release of man imprisoned for dangerous driving causing death challenged". The Irish Times. 2 February 1999. Archived from the original on 8 October 2012. Retrieved 12 February 2009.
  7. ↑ "Report says justice was compromised in Sheedy case". RTÉ News. 16 April 1999. Archived from the original on 4 October 2012. Retrieved 12 February 2009.
  8. ↑ "Supreme Court judge resigns over Sheedy controversy". RTÉ News. 17 April 1999. Archived from the original on 29 April 2008. Retrieved 12 February 2009.
  9. ↑ "Judge Cyril Kelly and Registrar resign over Sheedy affair". RTÉ News. 20 April 1999. Archived from the original on 29 March 2012. Retrieved 12 February 2009.
  10. ↑ "Government lost heart in O'Flaherty nomination". The Sunday Business Post. 3 September 2000. Retrieved 12 February 2009.[ permanent dead link ]
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.