A legal challenge by the DPP to a Circuit Court order deferring indefinitely the trial of former Taoiseach Mr Charles Haughey on charges of obstructing the McCracken tribunal will be heard at the High Court on October 24th. It is expected to last a week.
Mr Justice O'Neill yesterday fixed the date on consent of lawyers for the DPP and Mr Haughey. In seeking the date, Mr Feichin McDonagh SC, for the DPP, said it was a matter of "considerable public importance".
Last month, the DPP secured leave to challenge the decision of Circuit Court Judge Kevin Haugh on June 26th last to defer the trial after Judge Haugh found there was a real risk of Mr Haughey receiving an unfair trial due to prejudicial comments by Tanaiste Ms Harney, the circulation of a leaflet and other factors.
On June 30th, Mr Justice Kelly granted leave to challenge Judge Haugh's ruling on 13 grounds which, he said, could effectively be distilled to two.
The first amounted to a "root and branch" attack on Judge Haugh's jurisdiction to make the order or even entertain the application by Mr Haughey for such an order.
The second ground was that Judge Haugh's decision was wrong in law, irrational and arrived at in circumstances where there was no evidence of bias or prejudice put before the Circuit Court judge.
Mr Justice Kelly noted the DPP had not raised the first point - relating to jurisdiction - at the original Circuit Court hearing. He also noted the DPP would argue it was not sufficient that "voluminous" material was put before Judge Haugh in relation to the allegations of prejudice, but that there should have been evidence from public relations experts as to the effect of that material.
The DPP's challenge was listed for mention before Mr Justice O'Neill yesterday.
Mr McDonagh said Mr Haughey's lawyers had filed a statement of opposition and the DPP had filed replying documents. He said the matter was ready to be listed for hearing and asked the judge if he would fix a date for hearing in October because of the urgency of the matter and because it was of considerable public importance.
Mr Paul Gardiner, for Mr Haughey, said he had no objection to a date being fixed for October.
