A man accused of a number of child-abuse offences and whose trial was halted in May has secured leave from the High Court to seek a stay on a retrial fixed for hearing in October.
Mr Justice Finnegan was told yesterday that three newspapers were granted leave on May 29th to bring judicial review proceedings challenging a decision by Judge Patrick McCartan of the Circuit Court that their reports of the man's trial constituted criminal contempt.
A solicitor acting for the man, who cannot be named, said yesterday the hearing of the proceedings brought on behalf of the Irish Examiner, the Irish Mirror and the Star were fixed for later this year.
The man, who went on trial on May 2nd, asked Judge Dominic Lynch to stop his trial and discharge the jury on the basis that his rights to a fair trial had been prejudiced by reason of reports in five newspapers, the Star, the Irish Examiner, the Irish Mirror, the Irish Independent and The Irish Times.
The jury was discharged and leave given to seek an order for the attachment and committal of the five newspaper editors. On May 21st Judge McCartan ruled the alleged contempt by the newspapers was in the nature of criminal contempt. On May 28th he fixed a date later this year for the man's retrial.
On May 29th Mr Justice Kelly granted the three editors leave to bring judicial review proceedings seeking to quash Judge McCartan's decision. A stay was put on proceedings brought against the editors pending the outcome of the judicial review hearing.
Yesterday Mr Justice Finnegan fixed July 16th for the hearing of the man's application for a stay on his retrial.
The man's statement of grounds claimed the October date for his retrial was not appropriate as he could not obtain a fair trial at a time which was within five months "of the original interference" by the newspapers.
Mr Justice Finnegan said a Circuit Court order was in place preventing publication of the man's name and it would be a breach of that order to name him.