The former Dublin assistant county manager, Mr George Redmond, began High Court proceedings yesterday to prevent his trial on alleged corruption charges from proceeding at the Circuit Criminal Court on June 4th.
Mr Redmond claims that he cannot get a fair trial at this time because of extensive adverse media coverage of his affairs and conduct.
Mr Justice Murphy was told that Mr Redmond was not seeking to prohibit the trial in perpetuity, but was seeking to prohibit the trial until such time as the "prejudice that pertains at this time is spent". The judge gave leave to lawyers for Mr Redmond to serve notice of the proceedings on the DPP.
Mr Patrick MacEntee SC, for Mr Redmond, said there had been "blanket coverage" in the media in relation to Mr Redmond.
It is claimed that, because of extensive adverse media coverage of Mr Redmond's affairs and conduct and the intense public interest in him over a period of more than three years, there was a widespread, if not universal, belief that he had been guilty of wholesale corruption in respect of the performance of his duties as assistant county manager, and it was not possible at this time for him to be tried by an impartial and unbiased jury.
It is also argued that, as a result of media coverage of the Flood tribunal, members of a jury assembled to try him would be privy to, and be influenced by, information and evidence which was prejudicial to him and which would not be admissible if the DPP sought to adduce it in the course of the trial.
In an affidavit, Mr Anthony Harris, solicitor, for Mr Redmond, said his client had been charged on April 3rd, 2001, with offences under the Public Bodies Corrupt Practices Act, 1889, and the Prevention of Corruption Act, 1906.
Mr Harris said he had collected many newspaper cuttings in relation to Mr Redmond for the period January 14th, 1999, to March 10th, 2002. The media coverage which was most damaging to Mr Redmond concerned commentary, analysis or humorous observations in relation to proceedings before the tribunal and in relation to activities, or supposed activities, of Mr Redmond.
Mr MacEntee said that since Mr Harris made his affidavit there had been an article in The Irish Times last Saturday which was a "trailer" for a book coming out during the coming week, titled With a Little Help from My Friends. His side would seek leave to exhibit that book.