The DPP - who is not opposing an appeal by a Co Donegal nightclub owner against his conviction for allowing his nightclub to be used for the sale and distribution of drugs - has been given two more weeks to make documents in the case available.
Last November, the Court of Criminal Appeal was told the DPP would be asking it to allow the appeal by Mr Frank Shortt, Redcastle, Co Donegal, on grounds set out by Mr Shortt which related to an allegation against a member of the Garda. The court was told the DPP was not opposing Mr Shortt's appeal. A motion for discovery was adjourned until yesterday.
The three-judge court was told yesterday a discovery affidavit had not yet been filed by the DPP and it had been agreed the proceedings would be put back for a further two weeks.
Mr Shortt was charged with the drug offences in 1995. After an eight-day trial, he was convicted and sentenced to three years' imprisonment and fined £10,000. He was released in 1998.
His case is one of the matters investigated by a Garda team headed by the Assistant Commissioner, Mr Kevin Carty.
In November, Mr Eoin Mc Gonigal SC, for Mr Shortt, said a question remained whether the court should certify if there was a miscarriage of justice, which could be done only if all the documents were before the court.
The Chief Justice, Mr Justice Keane, with Mr Justice Kearns and Mr Justice Herbert, adjourned the proceedings until February 12th.