The judge in the case of four men who pleaded guilty to impeding the investigation into the killing of Rebecca French last year has asked the DPP to consider whether he should recuse himself from the case.
Mr Justice Barry White has asked the Director of Public Prosecution to consider the victim impact statement from Ms French's sister, Rachel, in determining his decision.
Mr Justice White was due to sentence the four men in the case today in the Central Criminal Court.
Two of the men last month pleaded guilty to impeding the investigation into the killing of Rebecca French at Ard Na Dara, Clonard, Wexford.
Ricardas Dilys, 28, and Ruslanas Mineikas, 26, of Goodtide Harbour and formerly of Davitt Road South, both in Wexford town, were on trial for her murder when they made the pleas.
They had pleaded not guilty to her murder but the murder charges were dropped when a legal technicality meant their admissions in garda custody could not be used against them.
Two other men, 41-year-old Patrick O'Connor of Ard Na Dara, Clonard, Wexford, and 27-year-old Piotr Pasiak of Lower John Street in Wexford, had already pleaded guilty to impeding the investigation in the same way.
Ms French's body was discovered by firefighters in the boot of her burning car at Cod's Lane on 9 October 2009.
This morning, Mr Justice White described the victim impact statement from her sister, Rachel, as offensive, inappropriate, and xenophobic.
He said he had no advance knowledge of the contents of the statement, a copy of which was handed to him as the evidence was being presented.
He said it lacked an appreciation of the presumption of innocence, an appreciation of the concept of joint enterprise and an appreciation of the judicial function.
Mr Justice White said he was not sure if the criticisms were directed at him, the DPP, or the Minister for Justice.
But he said if he was to sentence the men today, justice might not be seen to have been done and it could seem that he was influenced.
He said he appreciated the feelings of the French family but 'we are an ordered and lawful society'.
The judge said this was clearly a case involving a substantial custodial sentence but he said if there were an appeal on the severity of sentencing the material in the victim impact statement would be before the Court of Appeal.
He also said he wanted the DPP to consider whether the original victim impact statement should be redacted and an appropriate report presented before a different judge.
Mr Justice White also said he wanted the DPP advised that he would not accept victim impact statements presented to him 'on the hoof' at the same time as they were being presented in court.
He said he appreciated the matter of sentencing should not be unduly delayed and said the case should come back before him on 10 December.
