Mr Charles Haughey could be prosecuted in the Circuit Criminal Court for obstructing the work of the McCracken Tribunal, the Dublin District Court heard yesterday.
Under the tribunal legislation, the Circuit Criminal Court carries a heavier penalty than the District Court if a person is found guilty. The other difference is that the case could be heard in front of a jury.
In a short hearing yesterday, in which the case was adjourned to October 6th, Mr Haughey, who sat at the back of the court, spoke just once when, in reply to the judge, he stood and said he had no difficulty whatever with returning on that date.
The case will come before the Dublin District Court again on October 6th in order to allow a book of evidence to be served and for any submissions on that.
The application before Judge John Neilan for the case to proceed on indictment to the Circuit Criminal Court was made on behalf of the Director of Public Prosecutions.
Ms Claire Loftus, solicitor, representing the DPP, said this was the first time that the matter had come before the court and her instructions were that the DPP wished to proceed on indictment. She was seeking an adjournment in order to serve a book of evidence.
Judge Neilan asked when they thought they might have the book of evidence. Ms Loftus replied that she thought it would be ready by late September.
The judge asked Mr Eamon Leahy SC, for Mr Haughey, what he thought about that.
"My client is here to answer the summonses. It appears it is in the mould of the Grand Old Duke of York, and if the DPP wants two months, then he can have two months", Mr Leahy replied.
Judge Neilan said that it was clearly an indictable offence. He asked if the preparation of the book of evidence was at an advanced stage.
Ms Loftus said that they were at a fairly advanced stage, but other matters needed to be finalised.
The judge said that the matter should be heard at the beginning of the law term. He set the date for October 6th at 10.30 a.m.
"Mr Haughey, do you have any difficulty with October 6th at 10.30?" the judge asked.
Mr Haughey replied: "None whatever, Justice. No difficulty whatever."
The judge said that he would formally extend the time for the service of the book of evidence to that date.
Judge Neilan, addressing the courtroom, said: "I would ask that the accused be given the opportunity to be able to leave with dignity this building like any other."
Under the Tribunals of Inquiry (Evidence) Act 1979, the penalties in the District Court on conviction are for a fine not exceeding £500 and/or up to a year in prison.
On indictment to the Circuit Criminal Court, the Act provides: "A person guilty of an offence under this section shall be liable on conviction on indictment to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment."