Two senior barristers have withdrawn from defending Mr John Gilligan, the Dublin man accused of the murder of journalist Veronica Guerin, because of an article in last week's Sunday Business Post, the Special Criminal Court was told yesterday.
Mr Eugene Grant QC and Dr Michael Forde SC said they were withdrawing because matters of "professional privilege" had arisen.
Since Mr Gilligan was charged last February he has dismissed Mr Anthony Sammon SC and Mr Patrick Gageby SC.
Another leading Northern Ireland barrister, Mr Arthur Harvey QC, withdrew from the case because of his commitments at the Bloody Sunday inquiry, and a new legal team including Mr Grant and Dr Forde was instructed in the case.
Mr Grant and Dr Forde then withdrew because a six-week adjournment they sought was not granted, but they re-entered the case after the court later agreed to adjourn the trial until November 21st.
Yesterday Mr Gilligan's solicitor, Mr Leo Morrison, told the court the barristers had withdrawn because of an article in the Sunday Business Post which they felt had compromised them.
Mr Justice O'Donovan, presiding, said "a very, very unsatisfactory situation" had arisen.
Mr Gilligan had a constitutional right to the appropriate opportunity to defend himself and that included the right to have lawyers to defend him.
The judge said he still had the opportunity to employ the services of senior counsel, and the trial would go ahead on November 21st.
Earlier Mr Grant told the court that circumstances had arisen which made it impossible for him to continue to represent the defendant. He said they related to matters of professional privilege.
Dr Forde said it would be impossible for one senior counsel to conduct the defence of the case, and he was also withdrawing.
He said junior counsel was quite happy to remain.
Mr Morrison said they were informed yesterday evening of the decision by Mr Grant to withdraw from the case and this morning by Dr Forde.
He said fresh senior counsel would be instructed in the case.
Mr Gilligan was extradited from Britain last February after a 3 1/2-year legal battle to prevent his return to Ireland to face murder and other charges.
Mr Gilligan (48), with addresses at Corduff Avenue, Blanchardstown, Dublin, Jessbrook Equestrian Centre, Mucklon, Enfield, Co Kildare, and HM Prison Belmarsh, London, is charged with the murder of Sunday Independent crime reporter Veronica Guerin (37) at Naas Road, Clondalkin, Dublin, on June 26th, 1996.
He is also charged with 11 offences alleging that he unlawfully imported cannabis resin into the State on various dates between July 1st, 1994, and October 6th, 1996; that he unlawfully possessed cannabis resin for sale or supply on the same dates; and that on or about October 3rd, 1996, at Greenmount Industrial Estate, Harold's Cross, Dublin, he had cannabis resin for sale or supply.
Mr Gilligan is also charged with possession of a Sten submachinegun, a silenced barrel, two magazines, a 9 mm Agram machine pistol, five Walther semi-automatic pistols, four magazines and 1,057 rounds of assorted ammunition with intent to endanger life or to enable another person to endanger life at Oldcourt Road, Tallaght, Dublin, between November 10th, 1995, and October 3rd, 1996.