The former Taoiseach, Mr Charles Haughey, is to ask the High Court to strike out, as "an abuse" of court process, a legal challenge by the DPP to a Circuit Court order which deferred indefinitely Mr Haughey's trial on charges of obstructing the McCracken tribunal.
Lawyers for Mr Haughey have told Mr Justice Kelly they are to bring a motion to that effect on Monday next. It is understood that as well as arguing that the proceedings are an abuse of process, they will argue that the DPP lacks standing to maintain the grounds of his challenge.
The DPP's challenge to the order of Judge Kevin Haugh of the Circuit Court has been fixed for hearing on October 24th and, if it proceeds, is expected to last a week.
Judge Haugh made his order deferring Mr Haughey's trial on June 26th after he found there was a real risk of Mr Haughey receiving an unfair trial due to prejudicial comments by the Tanaiste, Ms Harney, the circulation of a leaflet and other factors.
Days later the DPP applied to the High Court for leave to challenge the order. On June 30th Mr Justice Kelly granted the leave on 13 grounds which, the High Court judge remarked, could be distilled to two.
The first amounted to a "root and branch" attack on Judge Haugh's jurisdiction to make the order or even entertain the application by Mr Haughey for such an order.
The second ground was that Judge Haugh's decision was wrong in law, irrational and arrived at in circumstances where there was no actual evidence of bias or prejudice put before the Circuit Court judge.
When seeking an early date for the hearing of the DPP's challenge, Mr Feichin McDonagh SC, for the DPP, told the High Court in July that the matter was of considerable public importance.