A Dublin man agreed yesterday to return to jail after being freed by a judge last November, having served one year of a four-year sentence imposed for dangerous driving causing the death of a woman.
Philip Sheedy (31), of Coolmine Mews, Clonsilla, was understood to be back in Mountjoy Prison last night after he withdrew his opposition to a challenge by the DPP to a decision by then Dublin Circuit Court Judge Cyril Kelly, now a High Court judge, to free him on November 12th. The judge suspended the remaining three years of his sentence on Sheedy's entering into a bond to be of good behaviour for that period.
Sheedy had been prosecuted on charges of dangerous driving causing the death of Ms Anne Ryan at the Glenview roundabout, Tallaght, on March 15th, 1996. He was also charged with driving with excess alcohol.
On October 20th, 1997, Sheedy entered a plea of guilty and received a four-year sentence from Judge Joseph Mathews at Dublin Circuit Criminal Court. He was also disqualified from driving for four years.
Last month, the DPP secured leave to apply, by way of judicial review, for an order quashing a decision by Judge Kelly to suspend the balance of Sheedy's sentence.
During the hearing of that High Court application for leave, counsel for the DPP said how or why the matter came to be listed before then Judge Kelly on November 12th, 1998 had not been satisfactorily discovered.
It was only quite recently that the Garda learned of the matter from the widower of the woman who had been killed in the accident and the DPP had become aware of the situation only in the past few weeks. The case had caused considerable distress to the family of the dead woman.
Mr Justice Barr granted leave to the DPP to seek an order quashing the decision of then Judge Kelly and the hearing came before Ms Justice Laffoy yesterday.
At the outset, Mr Edward Comyn SC, for the DPP, said there was no appearance on behalf of the respondent, Mr Justice Kelly. Mr Patrick MacEntee SC, for Sheedy, said he was instructed to withdraw his client's opposition to the DPP's application.
In those circumstances, Mr Comyn said what he required was a custody order to the effect that Sheedy would be received and held in the custody of the governor of Mountjoy Prison under the terms of the original order of Judge Mathews.
Mr Comyn said it would be usual in such cases to ask for a warrant of arrest but Sheedy was undertaking to surrender himself at Mountjoy.
Ms Justice Laffoy made an order quashing the order of then Judge Kelly and also directed a custody order be made in the terms set out by Mr Comyn. Mr MacEntee said he was not consenting to the orders but was withdrawing his opposition to the DPP's application to quash the November order. His client was awaiting admission to Mountjoy.
