The Director of Public Prosecutions is still considering his options in relation to Judge Kevin Haugh's ruling that Mr Charles Haughey was at risk of not getting a fair trial due to adverse publicity.
In the Dail the Taoiseach, Mr Ahern, said that under a 1974 Act the DPP was independent in the discharge of his functions. "Any action to be taken, in the light of Monday's Circuit Court judgment, is a matter for the DPP alone. It would be wrong for any member of the Government to attempt to influence this or any other legal proceedings."
On Monday Mr Haughey won an indefinite stay on proceedings based on charges that he had obstructed the McCracken tribunal. In his judgment Judge Haugh cited comments made by the Tanaiste, Ms Harney, in an Irish Independent article. This was Mr Haughey's lawyers' second attempt to halt the proceedings. The first failed in December, but Judge Haugh indicated his concern about adverse publicity at that time, and later issued a questionnaire seeking to establish whether potential jurors were unduly influenced on the matter.
This was overturned when the DPP had it judicially reviewed in the High Court. Judge Haugh's latest ruling is also open to judicial review.