The State was accused in the Circuit Court yesterday of attempting to discredit a leading Dublin solicitor in separate appeals against two District Court convictions relating to offences under the Road Traffic Act.
The claim was made by Mr James Gilhooley SC, who appeared for Mr Giles Kennedy, Balkhill Road, Howth, Co Dublin. Mr Gilhooley was referring to a State application to have the appeals heard at the same time. They relate to convictions for having refused, in July 1996, to provide a specimen of urine and, in September 1996, a refusal to permit a doctor to take a specimen of blood.
"This is an attempt by the State to discredit my client," Mr Gilhooley told Judge John O'Hagan.
Ms Claire Galligan, for the DPP, said an attempted application had failed before another judge on Friday last and the State had been put on notice of this late only on Wednesday evening. She felt, because of the way this had been approached, that the last-minute application was an attempt to have the appeals separated.
Ms Galligan said that on an earlier occasion Judge Elizabeth Dunne had specifically ruled that both appeals be heard together. There had been a long history of delay, which was partly due to a judicial review and the fact that another judge had felt it inappropriate to hear the appeals because of his acquaintance with Mr Kennedy.
Judge O'Hagan made an order that both appeals be heard together and put the matter in for mention on May 17th with a view to setting a date for the hearing, which is expected to take a day.