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The relisted case was heard on 12 November 1998 in Court 24 by Judge Cyril Kelly. Luigi Rea represented Sheedy in court. The hearing took a few minutes. Kelly suspended the remaining three years of Sheedy's sentence and so he was set free. The reason he set him free was based on a psychological report which gave him "grave concerns in relation to his mental condition at the moment." A psychological report is presented to a judge at sentencing. It gives details of the psychological state of the accused. Based on information contained in this report a judge is in a better position to impose or review a sentence. Unfortunately, Judge Kelly was reading from the original psychological report that Judge Matthews had already considered when imposing the original four year sentence. In a sentence review there should have been a new, up-to-date psychological report. A number of incorrect actions occurred in Court 24: 1. Judge Kelly should not have reviewed a sentence imposed by Judge Matthews. 2. An old psychological report was considered. 3. The state was never informed about the relisted case. The state consists of the gardai and the Director of Public Prosecutions. They were entitled to be represented in court to oppose the release of Sheedy. Sheedy went back to work. John Ryan, the widower of Anne Ryan, had no idea he was released and only found out when a friend of the family spotted him in Tallaght. John Ryan rang the Gardai to make enquiries and they were equally perplexed. The Director of Public Prosecutions (DPP) went to the High Court to seek a review of the circumstances behind the release. However before the High Court heard the case, Sheedy voluntarily went back to prison. |
Courts President Hugh O'Flaherty |
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