The former chief executive of the Irish Society for the Prevention of Cruelty to Children, Mr Cian O Tighearnaigh, has asked the High Court to prohibit the Director of Public Prosecutions from prosecuting him on charges of false conversion of monies collected on the society's behalf.
Mr Shane Murphy SC, for Mr O Tighearnaigh, said yesterday that his client had been charged with 42 offences alleged to have occurred between December 1st and December 31st, 1998. Mr O Tighearnaigh denied the allegations.
Mr O Tighearnaigh is seeking an injunction preventing his further prosecution.
He claims the delay in instituting the criminal proceedings has prejudiced his right to a fair trial and is unfair, unconstitutional and a breach of the European Convention of Human Rights.
He is also seeking a declaration that the alleged leaking of details of his detention and the investigation breached his constitutional rights to privacy, trial by due process and his good name.
On April 29th, 2002, Mr O Tighearnaigh got leave to challenge, by way of judicial review, the DPP's decision to prosecute him.
Mr Murphy said the evidence in relation to the case appeared to have been gathered by February 1999.
There followed a delay of two years and 10 months from the date of Mr O Tighearnaigh's arrest until the file was sent to the DPP.
In the meantime Mr O Tighearnaigh's life had moved on.
He started a new business as a chauffeur in March 2000 on the basis that nothing had happened, and effectively matters had gone away. He had not contributed to the delay and he reasonably believed the threat of criminal proceedings was over.
The charges related to the manner in which it was alleged monies were collected on behalf of the society and allegedly dealt with by Mr O'Tighearnaigh.
It was alleged there had been falsification of ISPCC accounts, false pretences and fraudulent conversion of those monies
Insp John McCann, in an affidavit on behalf of the DPP, said gardaí took statements from three persons who had purported to collect monies on behalf of the ISPCC. Each had arranged in the presence of reputable witnesses for specified amounts to be placed in collection boxes and returned to the society.
On the basis that each collector would get 20 per cent commission, the collectors were in a position to calculate the amount of commission to which they were entitled.
In each case they received less than 20 per cent of the amounts in the collection boxes.
Insp McCann said Mr O Tighearnaigh's allegations that the media were used by the Garda Síochána as a means of intimidating him were wholly unfounded.
The hearing continues today before Mr Justice Smyth.