Former Anglo Irish Bank chairman Sean FitzPatrick has launched a High Court challenge aimed at preventing Circuit Court Judge Patrick McCartan presiding over his trial on charges of breaching the Companies Act.
Mr FitzPatrick (66), Whitshed Road, Greystones, Co Wicklow, is facing trial before Dublin Circuit Criminal Court at the end of May.
He has denied 27 offences under the 1990 Companies Act, including 21 charges of making a misleading, false or deceptive statement to auditors and six charges of furnishing false information in the years 2002 to 2007.
In judicial review proceedings against the Director of Public Prosecutions (DPP), Mr FitzPatrick seeks various orders and declarations including an order prohibiting Judge McCartan presiding over his forthcoming trial. Judge McCartan presided over another trial involving alleged wrongdoings committed by others at Anglo Irish Bank.
Bernard Condon SC, for the retired banker, said Judge McCartan had declined to recuse himself from presiding over the criminal trial. There was no need for Judge McCartan to hear the case and this application was being brought to ensure his client receives a fair trial, counsel said.
Lawyers for the DPP said they were taking a neutral position in regards to Mr FitzPatrick’s application for leave to bring the proceedings.
The matter came before Mr Justice Richard Humphreys on Monday who granted Mr FitzPatrick’s lawyers permission to bring the application and returned the matter to next week.
The judge suggested the parties should return before Judge McCartan to mention the issue again. This would allow Judge McCartan to discuss the issue with the Circuit Court President, he added.
Mr FitzPatrick was not in court for the application.