A jury rather than a judge alone could decide if the former Taoiseach, Mr Charles J. Haughey, is guilty of obstructing the work of the McCracken Tribunal.
The Director of Public Prosecutions' application that the case be tried in the Circuit Criminal Court, not the District Court, has raised the stakes.
The DPP has decided that the offence is serious enough to warrant being dealt with by a higher court. The maximum penalty on conviction there would be a £10,000 fine and two years in jail. In the District Court, the maximum penalty is a £500 fine plus one year's imprisonment.
Neither Mr Haughey nor his counsel raised any objection yesterday to the DPP's application. Asked if had he any difficulty with an adjournment until October 6th, Mr Haughey replied: "None whatever, Justice, no difficulty whatever."
The adjournment is to allow the State complete preparation of a book of evidence. State Solicitor Ms Claire Loftus told the court that preparation of the book of evidence was at a fairly advanced stage. However, there was a witness who had been abroad for some time but would return and "would be able to assist" with certain matters.
The former Taoiseach arrived over an hour early yesterday for the 2 p.m. hearing in Dublin District Court number 52. He was there to answer two summonses from the DPP for obstructing the work of the McCracken tribunal. These relate to his initial denial to that tribunal that he had received monies from Mr Ben Dunne, followed by his admission later than he had received these monies after all.
Ten minutes before the hearing began he came into the recently refurbished and painted courtroom and sat at the back of the public area. He was calm and dapper as always, flanked by his son Conor and solicitor Ms Deirdre Courtney of Ivor Fitzpatrick and Co, chatting and occasionally joking quietly with them. He held a walking stick but used it only lightly to support his leg, which he broke in a riding accident earlier this year.
Addressed by Judge John Neilan during the short hearing, Mr Haughey rose from his seat at the back of the courtroom respectfully as soon as the judge's gaze rested upon him. He politely answered the judge's inquiry as to his availability on the date suggested, and then it was all over.
A group of protesters from the Socialist Workers' Party could be heard chanting slogans outside as the hearing proceeded.
The hearing over, Judge Neilan asked that the accused be allowed to leave the building with dignity. Mr Haughey had arrived through a side door but left through the front, down the steps of the former hospital and into a blue Mercedes. Gardai cleared protesters out of the way to allow the car out of the grounds.
One woman in a black trouser suit clapped enthusiastically for Mr Haughey as he left. She told the protesters that they should go and get jobs. "At least Charlie tried to do something," she said loudly to them.