The trial of the former Taoiseach Mr Charles J. Haughey on charges that he obstructed the McCracken tribunal has been set for March 21st, 2000. It is expected to last some eight days.
Judge Elizabeth Dunne at Dublin Circuit Criminal Court also set December 6th for the hearing of a motion from Mr Eoin McGonigal SC, defence counsel, to have the hearing of the trial postponed until the conclusion of the Moriarty tribunal.
Judge Dunne directed that Mr Haughey attend the hearing of the motion. Mr McGonigal had asked that his client be excused, but the judge said it was an important issue and he should be present.
Prosecuting counsel, Mr Maurice Gaffney SC, said the State would be opposing the motion, which had a threat in it to have the trial of Mr Haughey prohibited.
He said the State's attitude was that the motion should not be heard.
Judge Dunne gave leave to the prosecution to reply to the notice of motion from the defence which she said was accompanied by a grounding affidavit. She also granted leave to the defence to reply, if necessary, to the prosecution.
When the case was called shortly after 10.30 a.m., Mr McGonigal said Mr Haughey required a trial date, but there was also a motion before the court which sought to have the trial postponed until after the conclusion of the Moriarty tribunal.
Judge Dunne said it seemed to her that such a motion should be heard before the trial judge. Although no judge had yet been assigned to the case, she thought she should fix a trial date and also a date for the hearing of the motion 14 days before the trial.
Mr McGonigal submitted it might be better to have an earlier date for the motion and suggested a date in the near future.
Judge Dunne said the trial judge would have to direct the jury concerning the matters in the motion if the defence lost on that issue. Mr McGonigal replied that his concern was that material in the motion would have to be read by the trial judge, which might impact on the handling of the case.
When Mr Gaffney submitted the State's objection to the motion being allowed proceed, Judge Dunne said that was all the more reason for the trial judge to deal with the issue and she should fix dates for the hearings.
Mr McGonigal said the trial would take at least "eight working days", and Mr Haughey was on bail.
Mr Gaffney agreed with defence counsel that he did not think the former Taoiseach need attend the hearing of the motion on December 6th, but Judge Dunne directed that he should be present.