The Tanaiste, Ms Harney, was at the centre of a new controversy last night when the Circuit Court indefinitely postponed Mr Charles Haughey's trial on charges of obstructing the McCracken tribunal as a result of her comments in a newspaper interview that he should be convicted and sent to jail.
The Taoiseach, Mr Ahern, said that the judgment would have to be "carefully examined" by both the DPP and the Attorney General. It is understood that the DPP is considering whether to appeal the decision to a higher court. Legal sources said that the most likely course open to him was to seek a judicial review. However, the same sources were not optimistic that such a challenge would succeed.
Judge Kevin Haugh said yesterday that there was a "real risk" of considerable further damage to Mr Haughey's character as a result of an interview with the Tanaiste published in the Irish Independent on May 27th last.
"I believe that the views and assertions of the Tanaiste, expressed by her in the course of the said interview, constitute an attack on the accused's character of a sort which I must assume would not be permissible to be made by the prosecution in the course of a trial."
Because of her high standing and reputation for integrity, and her special position as the Minister to whom the ongoing inquiries were to report, the risk of a jury member being influenced by her remarks was "significantly enhanced", he said.
The Tanaiste said last night that, while she had read the judgment, it would be inappropriate for her to comment.
The Fine Gael leader, Mr John Bruton, said it was now hard now to see how the Tanaiste's position was "tenable". Last night, a senior member of Fine Gael's front bench, Mr Charles Flanagan, said that Ms Harney should "very seriously consider her position".
The former leader of the Progressive Democrats, Mr Des O'Malley, said he was surprised at the decision and hoped that the DPP would consider applying for a judicial review of it.