The trial of Mr John Gilligan for the murder of journalist Veronica Guerin has been cleared to proceed next month before the non-jury Special Criminal Court.
The Supreme Court yesterday rejected an appeal by Mr Gilligan against the High Court's refusal to grant him leave to take proceedings challenging the validity of his trial before the court. Mr Gilligan is due to stand trial on the murder charge and other offences next month.
Last month the High Court refused Mr Gilligan leave to take a judicial review challenge to those sections of the Offences Against the State Act, 1939, which set up the three-judge non-jury court and which give the Director of Public Prosecutions the sole right to select what cases the Special Criminal Court should try.
In appealing that decision before the Supreme Court, Mr Gilligan had argued that Section 35 of the Act was an unwarranted and irrational interference with his right to a jury trial.
Rejecting the appeal yesterday, Mrs Justice Denham, presiding and sitting with Mr Justice Murphy and Mr Justice Geoghegan, said Mr Gilligan's application to the courts had been brought far too late. An application for leave to apply for judicial review must be brought promptly.
"Even if the leave were otherwise appropriate, the application is clearly well out of time," she said. Having regard to the long lapse of time in Mr Gilligan bringing his application, it would be quite wrong to postpone the criminal proceedings. On this procedural ground alone, the order of the High Court refusing Mr Gilligan's application would be upheld.
Mr Gilligan (48) was extradited from Britain last February after a 3 1/2 -year legal battle. He is accused of the murder of Ms Guerin at Naas Road, Clondalkin, on June 26th, 1996, and also faces other charges.