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Case History: 6. Impeachment?

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Hamilton also concluded that Judge Cyril Kelly should not have reviewed a sentence imposed by one of his colleagues.


The Minister for Justice, John O'Donoghue, asked the Chief Justice, Liam Hamilton (pictured right), to carry out an enquiry into what happened in the courts. He eventually produced the Hamilton Report.

In his report the Chief Justice concluded that the Sheedy case might not have been relisted in the way it was but for the intervention of Hugh O'Flaherty. He also concluded that O'Flaherty's intervention was 'inappropriate and unwise, that it left his motives and actions open to misinterpretation and that it was, therefore, damaging to the administration of justice'.

Hamilton also concluded that Judge Cyril Kelly should not have reviewed a sentence imposed by one of his colleagues. And then, having heard the review case, he failed to conduct the case 'in a manner befitting a judge' and had therefore 'compromised the administration of justice'.

Initially both judges refused to resign. As a reult the Government were going to remove them from their positions. This is called impeachment. However, before they could be impeached, they both resigned.

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