Mr John Gilligan has made a dramatic challenge to his return to Ireland for trial for the murder of the journalist Veronica Guerin and other offences by submitting a writ of habeas corpus to the Divisional Court in London, it emerged yesterday.
The move comes ahead of tomorrow's publication of a written judgment by the House of Lords, which unanimously rejected his appeal against his return to Ireland.
At that hearing, the Lords paved the way for Mr Gilligan's trial in Ireland when it unanimously rejected his argument that English police and the Garda colluded to keep him in Britain while evidence was gathered in the Guerin case.
A hearing on the writ of habeas corpus is expected in the Divisional Court before Christmas, and if his legal team does not support his bid, it raises the prospect that Mr Gilligan could argue his own case in the court.
It is understood Mr Gilligan's writ claims he is being illegally held in Britain and that, if extradited, he would be tried for Ms Guerin's murder at the Special Criminal Court in Dublin in the absence of a jury.
The challenge is believed to be on the grounds that trial without jury does not occur in England and Wales, the jurisdiction where he is facing drug charges arising from his original arrest in October 1996.
The writ complicates and delays matters because Mr Gilligan's trial in Britain on drug charges was technically adjourned in September 1997, and both sides in the case had agreed that Mr Gilligan would not be sent back to Ireland until the written judgment from the House of Lords was handed down.
It is now expected that the Commissioners for Customs and Excise will apply for a formal stay of Mr Gilligan's trial in Britain.