Mr John Gilligan, the Dublin man accused of the murder of journalist Veronica Guerin, has succeeded in having two of the three judges who were due to try him at the Special Criminal Court in October removed from his case.
Mr Justice Kevin O'Higgins of the High Court and Judge Matthew Deery of the Circuit Court discharged themselves from hearing Gilligan's trial after an application yesterday by his counsel, Mr Patrick Gageby SC.
Mr Gageby's application was supported by counsel for the Director of Public Prosecutions Mr Peter Charleton SC.
Mr Justice O'Higgins, Judge Deery and Judge William Hamill of the district court were due to hear Mr Gilligan's trial on October 3rd next. The successful application by Mr Gilligan's counsel could cause problems in finding a new panel of judges to deal with his case.
Several of the judges on the special Criminal Court panel have already dealt with cases related to the activities of the drugs gang allegedly led by Mr Gilligan and would therefore be barred from hearing his trial.
Yesterday Mr Gageby said he was making an application that two of the judges of the court stand aside from sitting as judge and jurors in the case.
He said a similar application was made earlier on June 26th last that Mr Justice O'Higgins should stand aside from the case because he had presided over High Court hearings involving the Criminal Assets Bureau and Mr Gilligan's wife, Ms Geraldine Gilligan.
Mr Gageby said that an order had been made freezing Mr Gilligan's assets and Ms Gilligan was seeking that certain money should be paid out from the frozen estate of Mr Gilligan.
During that hearing evidence was given by the Criminal Assets Bureau to establish that Mr Gilligan had received £2,000 per kg for imported cannabis resin. Mr Gageby also applied for Judge Deery to stand aside from the case because he dealt with the trial earlier this year on moneylaundering charges of Kevin and Thomas Meehan, the father and uncle of Brian Meehan who also features in the main case against Mr Gilligan.
During that trial, evidence was heard from Charles Bowden and Russell Warren who will be called as witnesses in the Gilligan trial. During the trial it was alleged that the money laundered by Thomas and Kevin Meehan was money garnered by Mr Gilligan or his associates, he said.
Mr Charleton said when a similar application was made last month he had no notice and was taken by surprise.
While he had a vague recollection of the High Court proceedings involving Ms Gilligan, he was not sure if what was in the main file on Mr Gilligan had been opened to the court.
He had since read the transcript, he said. He had concerns because the State was about to ratify the European Convention on Human rights and the test under the convention was whether the accused had a cause for concern about his trial.
He said it seemed to him that the judges must disqualify themselves.
Asked by Mr Justice O'Higgins if he was supporting the application, Mr Charleton replied: "I think the application is correct."
Mr Gilligan was remanded in custody until October 3rd when his trial, before a new panel of the court, is due to get under way.
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, Jessbrook Equestrian Centre, Enfield, Co Meath, and HM Prison Belmarsh, London, is charged with the murder of Sunday Independent crime reporter 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 on various dates between July 1st, 1994, and October 6th, 1996, that he unlawfully possessed cannabis resin for sale or supply on 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 also charged with possession of a Sten submachine gun, a silenced barrel, two magazines, a 9 mm 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 Old court Road, Tallaght, Dublin, between November 10th, 1995, and October 3rd, 1996.