The trial of Mr John Gilligan for the murder of the journalist Veronica Guerin four years ago was adjourned for a week by the Special Criminal Court yesterday after the court heard that he sacked his legal team last week and then reinstated them.
Mr Justice Diarmuid O'Donovan warned Mr Gilligan that he should not dismiss any more counsel as this would not be tolerated by the court.
The judge said justice required that an adjournment should be granted to allow Mr Gilligan's new leading counsel, Mr Eugene Grant QC and Dr Michael Forde SC, to prepare a proper defence for their client.
The court refused the defence application for a six-week adjournment and said the trial date had been fixed last February and Mr Gilligan's solicitor and junior counsel had been with the case since an early stage.
The trial was due to open at the non-jury court yesterday morning, but Mr Gilligan's counsel, Mr Eugene Grant QC, from the Northern Ireland Bar, immediately sought a six-week adjournment.
Mr Grant told the court that Mr Gilligan's former barrister, Mr Arthur Harvey QC, was forced to withdraw from the case last Thursday. This was because of unforeseen developments at the Bloody Sunday inquiry where he is appearing for some of the relatives of the dead.
Mr Grant said that Mr Gilligan had then sacked his legal team, including Mr Patrick Gageby SC, and a Belfast solicitor, Mr Joe Rice, but had contacted Mr Rice a short time later and asked for his legal team to come back on the case. He said that Mr Gageby declined to take instructions and two new senior counsel had been briefed.
Mr Grant said he was briefed on the case at the weekend , and Dr Michael Forde SC had been briefed yesterday. Mr Grant also accused the prosecution of "ambushing" the defence by not disclosing evidence to them, including photos, video tapes and other material, until the last minute.
He said the four-volume book of evidence contained 3,000 witness statements and other exhibits.
Mr Grant said there were 60 video tapes, each of three hours, which had not been seen by Mr Gilligan or his lawyers.
A defence photographic expert had also discovered during a visit to Garda headquarters that 850 negatives existed, and prints of these had not been furnished to the defence. "The situation is simply a shambolic one. The State had years to prepare this case," he added.
Mr Grant said the defence at the end of July was given 15 memos of interviews with a Dutch national, Mr Martinus Baltus, whom the State now proposes to use as a key witness.
Counsel said that some material disclosed to the defence may ground a further application to stay the trial.
He said a key statement from a detective garda at the Special Detective Unit at Harcourt Square showed that the garda had gone to Mr Gilligan's house in June 1996 with a third party and had arranged to get into the house under false pretences.
Mr Grant said that one of the prosecuting counsel in the case, Mr Eamonn Leahy SC, had received an anonymous telephone call from the garda seeking his advice about this. The detective also indicated that he had phoned a lawyer, Mr Michael McDowell, on four occasions for advice.
Questioned by Mr Justice O'Donovan, Mr Grant said that Mr Harvey had withdrawn from the case last Thursday and Mr Gilligan had then dismissed his entire legal team.
He told the judge that another senior counsel, Mr Anthony Sammon SC, was dismissed by Mr Gilligan last June.
Mr Peter Charleton SC, prosecuting, said he rejected suggestions that the State was "ambushing" the defence.
He said the photos and video tapes had nothing to do with the case. The only photos that had been withheld from the defence were from the post-mortem. He opposed the application for an adjournment and said that it could be a ruse by Mr Gilligan.
Mr Gilligan was extradited from Britain last February after a 3 1/2-year legal battle to prevent his return to Ireland to face murder and other charges.
Mr Gilligan (48), with addresses at Corduff Avenue, Blanchardstown, Dublin; Jessbrook Equestrian Centre, Mucklon, Enfield, Co Kildare; and HM Prison Belmarsh, London, is charged with the murder of Sunday Independent crime reporter, Veronica Guerin (37), at Naas Road, Clondalkin, Dublin, on June 26th, 1996.
He is also charged with 11 offences alleging that he unlawfully imported cannabis resin into the State on various dates between July 1st, 1994, and October 6th, 1996; that he unlawfully possessed cannabis resin for sale or supply on the same dates; and that on or about October 3rd, 1996, at Greenmount Industrial Estate, Harold's Cross, Dublin, he had cannabis resin for sale or supply.
He is also charged with possession of a Sten sub-machinegun, a silenced barrel, two magazines, a 9 mm 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 10th, 1995, and October 3rd, 1996.
Mr Gilligan was remanded in custody for trial next Tuesday.