The Supreme Court has fixed a priority hearing date later this month for the appeal by Limerick man John Dundon against the High Court refusal to defer his trial for the murder of Shane Geoghegan.
The trial before the non-jury Special Criminal Court is due to open tomorrow Friday but may not proceed until the Supreme Court hears Dundon’s appeal on June 25th.
Dundon (29), Hyde Road, Limerick, had asked the High Court to defer the trial so as to allow his lawyers more time to examine documents provided to them by the prosecution last month.
It was argued there was a real risk of an unfair trial if sufficient time was not afforded to the lawyers to examine whether the documents were relevant to the defence. The DPP opposed any delay because of concerns over the security of a key prosecution witness in the case. It was also argued many of the documents were not relevant.
Mr Justice John Hedigan dismissed Dundon’s application and, at the Supreme Court today, the Chief Justice, Ms Justice Susan Denham, said his appeal against that decision would be given priority and heard on June 25th.
Tom O’Connell SC, for the DPP, said the State was very anxious to go ahead with the trial tomorrow.
Mr Geoghegan had been the unintended victim of a shooting in Limerick in 2008 and the State had concerns about a key witness, he added.
The Chief Justice did not grant an order stopping the trial. Both sides could discuss the issue and an application could be made for such an order if necessary, she said.
