It is understood that Mr Justice Cyril Kelly, one of the two judges at the centre of the handling of the Philip Sheedy court case, has still made no moves to indicate how he intends to respond to the Hamilton Report. Despite an expectation in both political and legal circles that he would resign before tomorrow's Cabinet meeting, he has not yet taken this course of action. When the Cabinet meets in the morning it will also be discussing the report by the Department of Justice into the role of court officials in the affair.
Mr Justice Cyril Kelly arrived at the Four Courts this morning although he is not listed to hear any cases today. The Bar Council has said there has been no official contact from Judge Kelly to explore the possibilities of his re-entering the bar. Such a move would require a resolution to be put to all Bar members and has only happened in the past in the case of Harry Whelehan. He was permitted to re-enter because of what were considered to be exceptional circumstances. This evening when court business concludes the judges of the High Court are scheduled to hold a meeting. This meeting is in addition to their normal weekly get-togethers.
Mr Justice Kelly is understood to have spent the weekend finalising his pension arrangements with the Government. He has been a judge of the Circuit Court since 1992 and was appointed to the High Court last November. The Judge is not expected to receive a lump sum payment and his pension is expected to be somewhere between £20,000 and £30,000 annually. Judges are paid from central funds, administered by the Department of Finance.
Meanwhile, an application has been made by lawyers acting for the Dublin architect Phillip Sheedy for leave to appeal his sentence, or for an extension of time in which to do so. Judge Joseph Matthews will make a ruling on the matter in the Dublin Circuit Criminal Court tomorrow. Mr Sheedy's release after serving one year of a four-year sentence sparked this judicial crisis. Mr Sheedy, a 31-year-old Dublin man, returned to prison last month after withdrawing his opposition to the Director of Public Prosecution's challenge to his release.
The Director General of the Law Society, Ken Murphy, has called for greater clarity in relation to the listing of cases in the Circuit Court. Speaking on RTE radio Mr Murphy said the degree of informality, which seems to exist in the courts, needs to be examined. Justice Minister John O'Donoghue yesterday signalled a number of changes to the judicial system, which he said he felt were necessary in the light of the Hamilton report. Among them, a procedure for the listing of cases; greater clarity in the assignment of cases; a change to first among equals rule which would allow judges to be disciplined; and the establishment of a parole board.
With the resignation of Mr Justice Hugh O'Flaherty and the expected announcement from Mr Justice Kelly, a number of cases, where they had reserved their judgements may have to be reheard. Recently Mr Justice Kelly reserved his decision in a case for damages taken by a young Dublin man who claimed he was sexually abused while in the care of Madonna House and the Eastern Health Board.
