The media have been temporarily banned from publishing details of an application by the former Taoiseach Mr Charles J. Haughey, to delay his trial for allegedly obstructing the McCracken tribunal. The ban covers any exhibits presented to the court by counsel for Mr Haughey or for the Director of Public Prosecutions.
Judge Kevin Haugh, sitting in Dublin Circuit Criminal Court in Green Street, said the ban was necessary to ensure that Mr Haughey's right to a fair trial was upheld. The trial has been set for March 21st on two charges of obstructing the McCracken tribunal under the 1979 Tribunal of Inquiry (Evidence) Act.
The court has been told the trial could last for eight days. Judge Haugh made his decision after hearing submissions from Mr Haughey's barristers, Mr Eamonn Leahy SC and Mr Eoin MacGonigal SC.
In his submission, Mr Leahy said Mr Haughey was not trying to stop the trial, but merely trying to delay it until the Moriarty tribunal had ended. He said any publication of exhibits in the present application could have a serious effect on Mr Haughey's constitutional right to a fair trial.
Mr Leahy referred to a ruling made by Mr Justice Geoghegan in the High Court in a matter concerning Zoe Developments, in which he banned the publication of his judgment until a criminal case against the company had been disposed of.
He also referred to the Supreme Court decision in The Irish Times v Judge A.G. Murphy in which it was ruled that the media can be restricted from publishing details of a case to protect the right to a fair trial.
Mr MacGonigal said Mr Haughey's right to fair proceedings could be hampered by publicity generated by the Moriarty tribunal. Counsel read from a number of newspaper articles referring to Mr Haughey which were written during the Moriarty tribunal.
Judge Haugh said media groups could not make any applications to have the ban lifted at least until the nature of the exhibits in the case became known to the court. Mr Maurice Gaffney SC, counsel for the DPP, said he had no objection to the order.
Earlier, Mr Leahy read from two affidavits submitted by Mr Haughey's solicitor, Mr Ivor Fitzpatrick.
Mr MacGonigal said Mr Haughey had been ordered by Judge Elizabeth Dunne to attend the hearing of this motion when the date for yesterday's application was set on October 28th last. Judge Haugh excused Mr Haughey, under existing bail conditions, from having to appear in the court.
The hearing continues.