Mr John Gilligan, the man accused of murdering journalist Veronica Guerin, at Naas Road, Clondalkin, Dublin, on June 26th, 1996, has failed in a High Court attempt to legally challenge the validity of his trial by the Special Criminal Court.
He had sought leave to judicially review sections of the Offences Against the State Act, which set up the special three-judge non-jury court and granted the Director of Public Prosecutions the sole right to select what cases the court would try.
Mr Gilligan, currently in Portlaoise prison, is due to stand trial from next Tuesday on the murder and drugs and firearms charges.
Mr Patrick Gageby SC, counsel for Mr Gilligan, submitted the Act was an unwarranted interference with his client's right to a jury trial and that there was no longer any reasonable factual basis to support the continuation of the Special Criminal Court, the reasons supporting its existence being the nature and extent of the conflict in Northern Ireland.
Mr Gilligan (48), was extradited from Britain last February after a 3 1/2 year legal battle to prevent his return to Ireland to face the murder and other charges.
He is also charged with 11 counts alleging that he unlawfully imported cannabis resin into the State between July 1st, 1994 and October 6th, 1996; that he unlawfully possessed cannabis resin for sale or supply between the same dates and that in October 1996 at Greenmount Industrial Estate, Harold's Cross, Dublin, he had cannabis resin for sale or supply.
Mr Gilligan is further charged with possession of a Sten sub machine gun, a silencer barrel, two magazines, a 9mm 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 1995 and October 1996.