Philip Sheedy Affair
Encyclopedia
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.
, was involved in a road traffic accident in March 1996 at the Glenview Roundabout, Tallaght Bypass
, Co. 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 plead guilty to causing death by dangerous driving before Judge Cyril Kelly 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. 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.
, 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
councilor
and a member of the so-called "Drumcondra Mafia", who had loaned the then Taoiseach Bertie Ahern 3,500 Irish pound
s as part of the "dig outs" Ahern received around the time of his marriage breakup. Burke, who worked as a building contractor, had employed Sheedy as an architectural advisor to his company J&H Burke and Son.
, 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. Initially, Ahern had vehemently denied that he concealed his representations to the Department of Justice on behalf of Philip Sheedy.
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 neighbor 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 Judge O'Flaherty's chambers to have Sheedy's case re-listed.
í 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.
, 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, Judge Hamilton stated that Judge Kelly's handling of the matter and Judge O'Flaherty's intervention compromised the administration of justice.
'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.
On 20 April Judge Cyril Kelly and Michael Quinlan, the Dublin County Registrar, resigned their positions.
, 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.
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
political and judicial controversy which resulted in the resignation of both a Supreme Court and High Court judge.
Background
Philip Sheedy, an architectArchitect
An architect is a person trained in the planning, design and oversight of the construction of buildings. To practice architecture means to offer or render services in connection with the design and construction of a building, or group of buildings and the space within the site surrounding the...
, was involved in a road traffic accident in March 1996 at the Glenview Roundabout, Tallaght Bypass
Tallaght
Tallaght is the largest town, and county town, of South Dublin County, Ireland. The village area, dating from at least the 17th century, held one of the earliest settlements known in the southern part of the island, and one of medieval Ireland's more important monastic centres.Up to the 1960s...
, Co. 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 plead guilty to causing death by dangerous driving before Judge Cyril Kelly 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. 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.
Imprisonment and Burke Visits
Sheedy, after initially being incarcerated in Mountjoy PrisonMountjoy Prison
Mountjoy Prison , founded as Mountjoy Gaol, nicknamed The Joy, is a medium security prison located in Phibsboro in the centre of Dublin, Ireland. It has the largest prison population in Ireland.The current prison governor is Mr...
, was moved to Shelton Abbey
Shelton Abbey Prison
Shelton Abbey on the north bank of the Avoca near Arklow County Wicklow, is a penal institution operated by the Irish Prison Service .- History :...
, an open prison
Open prison
An open prison is an informal description applied to any penal establishment in which the prisoners are trusted to serve their sentences with minimal supervision and perimeter security and so do not need to be locked up in prison cells...
, after six months' imprisonment. There he was visited by his friend Joe Burke, a former Fianna Fáil
Fianna Fáil
Fianna Fáil – The Republican Party , more commonly known as Fianna Fáil is a centrist political party in the Republic of Ireland, founded on 23 March 1926. Fianna Fáil's name is traditionally translated into English as Soldiers of Destiny, although a more accurate rendition would be Warriors of Fál...
councilor
Local government
Local government refers collectively to administrative authorities over areas that are smaller than a state.The term is used to contrast with offices at nation-state level, which are referred to as the central government, national government, or federal government...
and a member of the so-called "Drumcondra Mafia", who had loaned the then Taoiseach Bertie Ahern 3,500 Irish pound
Irish pound
The Irish pound was the currency of Ireland until 2002. Its ISO 4217 code was IEP, and the usual notation was the prefix £...
s as part of the "dig outs" Ahern received around the time of his marriage breakup. Burke, who worked as a building contractor, had employed Sheedy as an architectural advisor to his company J&H Burke and Son.
Ahern Intervention
In July 1998 the TaoiseachTaoiseach
The Taoiseach is the head of government or prime minister of Ireland. The Taoiseach is appointed by the President upon the nomination of Dáil Éireann, the lower house of the Oireachtas , and must, in order to remain in office, retain the support of a majority in the Dáil.The current Taoiseach is...
, Bertie Ahern
Bertie Ahern
Patrick Bartholomew "Bertie" Ahern is a former Irish politician who served as Taoiseach of Ireland from 26 June 1997 to 7 May 2008....
contacted then minister for justice John O'Donoghue
John O'Donoghue (politician)
John O'Donoghue is a former Irish Fianna Fáil politician. He was a Teachta Dála for the Kerry South constituency from 1987 to 2011. He is a former Ceann Comhairle of Dáil Éireann, the lower house of the Oireachtas. He resigned as Ceann Comhairle on 13 October 2009 due to controversy about his...
to ask him whether it would be possible for Philip Sheedy to get day release. Initially, Ahern had vehemently denied that he concealed his representations to the Department of Justice on behalf of Philip Sheedy.
'Chance meeting' and O'Flaherty Intervention
Supreme Court JudgeJudge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
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 neighbor 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 Judge O'Flaherty's chambers to have Sheedy's case re-listed.
Sentence Review and Release
On 12 November 1998, after O'Flaherty's intervention, Sheedy's sentence was reviewed before Judge Cyril Kelly, and not Judge Matthews, as would be the correct procedure. After the brief hearing Judge Kelly remitted what was left of Sheedy's sentence. Neither the gardaGarda
Garda may refer to:* An Garda Síochána, the national police of the Republic of Ireland* Lake Garda, a lake in northern Italy.* Garda , a commune on the shores of the Italian Lake Garda in the province of Verona....
í nor the Director of Public Prosecutions
Director of Public Prosecutions
The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world...
(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.
High Court Challenge
The DPP brought a High Court challenge to a Judge O'Flaherty'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'DonoghueJohn O'Donoghue (politician)
John O'Donoghue is a former Irish Fianna Fáil politician. He was a Teachta Dála for the Kerry South constituency from 1987 to 2011. He is a former Ceann Comhairle of Dáil Éireann, the lower house of the Oireachtas. He resigned as Ceann Comhairle on 13 October 2009 due to controversy about his...
, then Minister for Justice asked Chief Justice
Chief Justice of Ireland
The Chief Justice of Ireland is the president of the Supreme Court of Ireland.Under Constitution of Ireland, the Chief Justice of Ireland also occupies several positions ex officio, these include;* A possible judge of the High Court....
Liam Hamilton to investigate the affair. The Chief Justice's report was published 16 April 1999. In it, Judge Hamilton stated that Judge Kelly's handling of the matter and Judge O'Flaherty's intervention compromised the administration of justice.
Resignations
The first person to resign was Judge Hugh O'Flaherty. In his report, Judge Hamilton was critical of Judge O'Flaherty whose actions he deemed to be "open to misinterpretation." Initially, Judge O'Flaherty refused to resign, and instead wrote to the Chairman of the OireachtasOireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
'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.
On 20 April Judge Cyril Kelly and Michael Quinlan, the Dublin County Registrar, resigned their positions.
O'Flaherty Appointment to EIB
After his resignation Hugh O'Flaherty was nominated by Charlie McCreevyCharlie McCreevy
Charles "Charlie" McCreevy is a former Irish politician. He was the European Commissioner for Internal Market and Services from 2004–2010. He was first elected to Dáil Éireann as a Fianna Fáil TD in 1977 and held the seat in Kildare until 2004 when he became Ireland's European Commissioner...
, then Minister for Finance, to be Ireland's representative to the European Investment Bank (EIB)
European Investment Bank
The European Investment Bank is the European Union's long-term lending institution established in 1958 under the Treaty of Rome. A policy-driven bank, the EIB supports the EU’s priority objectives, especially European integration and the development of economically weak regions...
, taking the position of vice-president. This appointment resulted in a massive public outcry. The appointment was eventually withdrawn by the government.