AN ORDER for discovery of documents was made in the High Court yesterday in a case where one of the prisoners in the controversy over the Special Criminal Court is challenging its existence.
Last July 1st, Mr Michael Hegarty was granted leave to challenge the continuing function of the Special Criminal Court. The court was told then that Mr Hegarty appeared in the Special Criminal Court on explosives charges in November 1995.
He is applying to have quashed the Government Proclamation in 1972 establishing the Special Criminal Court. He is challenging its existence on constitutional grounds. He claimed the objectives for establishing the court no longer existed.
Yesterday, Mr Justice Smyth ordered that documents required by Mr Hegarty and by the State should be produced before December 2nd. If the State was opposing any discovery order it should be argued fully in court next Monday.