A man charged with the murder of the journalist Veronica Guerin has been given leave to challenge the decision to have him tried before the non-jury Special Criminal Court.
Lawyers for Mr Paul Ward told the High Court yesterday that three Special Criminal Court judges had prejudiced his chances of a fair trial at that court because of their decision to read certain confidential Garda statements.
The President of the High Court, Mr Justice Morris, yesterday gave Mr Ward leave to seek orders challenging his trial by the Special Criminal Court. He directed that that hearing should run in tandem with an appeal by the State against the Special Criminal Court's decision to give Mr Ward's lawyers limited access to confidential Garda documents and adjourned the matters until Monday next.
The Supreme Court last month granted leave to the DPP to seek a judicial review of the Special Criminal Court's decision to grant access to 40 statements to lawyers for Mr Ward (33), from Windmill Park, Crumlin, Dublin, with an address at Walkinstown Road, who has denied the murder of Ms Guerin at Naas Road, Clondalkin, on June 26th, 1996.
Mr Ward went on trial before the Special Criminal Court last month but the trial was adjourned on January 26th to facilitate the judicial review proceedings. It is due to resume on June 10th.
In court yesterday, Mr Peter Charleton SC, for the State, applied to the President of the High Court for a date for the hearing of the judicial review proceedings. He said the case involved "a matter of fundamental importance" and was ready for hearing.
Later yesterday, Mr Paul Burns, for Mr Ward, was granted leave to seek orders, by way of judicial review, quashing the ruling by the Special Criminal Court to read 20 other Garda statements during Mr Ward's trial before the court last month. He claimed this placed the court at risk of prejudice and of removing the appearance of fairness from the court's procedures.
In an affidavit, Mr Michael E. Hanahoe, solicitor, said the 20 statements read by the court had been categorised by the court as not directly relevant to the circumstances surrounding the shooting of Veronica Guerin but as linking Mr Ward with criminal acts and relating to links between various criminal organisations.
Mr Justice Morris granted the application for judicial review and adjourned the matter to next Monday.