The High Court will deliver judgment on Friday on a challenge by the DPP to the indefinite deferral of the trial of former Taoiseach Charles Haughey on charges of obstructing the McCracken tribunal. The five-day hearing concluded yesterday and Ms Justice Carroll said she would give her decision on Friday.
The DPP wants the court to quash an order made by Judge Kevin Haugh in the Circuit Court deferring the trial of Mr Haughey. Judge Haugh found that due to adverse publicity, comments made by the Tanaiste, Ms Harney, and circulation of a leaflet, there was a substantial risk at that time that Mr Haughey would not receive a fair trial. He deferred the trial to an unspecified time.
The DPP contends that Judge Haugh had no jurisdiction to make what was effectively an order of prohibition and argues that what the judge should have done was empanel a jury and allow jurors to state whether they believed they would be able to give Mr Haughey a fair trial. Mr Haughey's lawyers have argued that what the Circuit Court judge did was adjourn the trial and that he had jurisdiction to do so.