Mr John Gilligan, the Dublin man accused of the murder of the journalist Veronica Guerin, failed in a legal attempt yesterday to have the murder charge dealt with separately from drugs and firearms charges.
The Special Criminal Court turned down an application by his counsel, Mr Peter Irvine, to have the murder charge tried separately from the other charges. Mr Justice O'Higgins, presiding, said that the court was satisfied that the offences were "founded on the same set of facts".
Earlier, the court turned down an application by Mr Irvine that Mr Justice O'Higgins should disqualify himself from the trial. The court also ruled that transcripts of the trials of Paul Ward and Brian Meehan, both currently serving life sentences for the Guerin murder, should be made available to the defence.
Mr Gilligan was remanded in continuing custody until July 10th, when the court will hear any further pre-trial submissions from his legal team.
Mr Gilligan was extradited from Britain last February after a 3 1/2 -year legal battle to prevent his return to Ireland to face murder and other charges.
Mr Gilligan (48), with addresses at Corduff Avenue, Blanchardstown, Dublin, Jess brook Equestrian Centre, Enfield, Co Meath, and Belmarsh Prison, London, is charged with the murder of Veronica Guerin at Naas Road, Clondalkin, Dublin, on June 26th, 1996.
He is also charged with 11 offences alleging that he unlawfully imported cannabis resin into the State between July 1st, 1994, and October 6th, 1996; that he unlawfully possessed cannabis resin for sale or supply between the same dates; and that on or about October 3rd, 1996, at Greenmount Industrial Estate, Harold's Cross, Dublin, he had cannabis resin for sale or supply.
Mr Gilligan is further charged with possession of a Sten submachinegun, a silencer barrel, two magazines, a 9mm Agram machine pistol, five Walther semi-automatic pistols, four magazines and 1,057 rounds of assorted ammunition with intent to endanger life, or to enable another person to endanger life, at Oldcourt Road, Tallaght, Dublin, between November 10th, 1995, and October 3rd, 1996.
Yesterday, during pre-trial submissions, Mr Irvine said that Mr Justice O'Higgins should discharge himself from the trial because he had dealt with proceedings initiated by the Criminal Assets Bureau against Mr Gilligan's wife, Geraldine, and his son and daughter. But the judge said that he had heard an application for discovery, a matter "almost routine" in a civil action.
Mr Irvine then applied to the court to have the murder charge tried separately from other drugs and firearms charges and submitted that there was no nexus between the murder charge, which was the substantive offence, and the other subsidiary offences.
He also applied for transcripts of the Paul Ward and Brian Meehan trials and for a transcript of the proceedings in August 1997 when the Special Criminal Court issued arrest warrants for Mr Gilligan.
The court ordered that this transcript should be made available to the defence, but not before July 29th next, after hearing from Mr Peter Charleton SC, prosecuting, that "certain administrative procedures" needed to be put in place before the transcript could be released. The court also ordered that the transcripts of the Ward and Meehan trials should be made available to the defence.
Mr Gilligan is due to stand trial on the murder and other charges on October 3rd.