An attempt by Mr Charles Haughey to have charges that he obstructed the McCracken tribunal struck out on the basis that the trial has been prejudiced will begin in the Dublin Circuit Criminal Court today.
Mr Haughey wants the charges struck out or postponed indefinitely following media publicity, including a comment by the Tanaiste, Ms Mary Harney, last month that he should be convicted and jailed following revelations at the Moriarty tribunal.
Sources said last night that the Tanaiste had not been called to give evidence in the hearing, expected to last three days.
Mr Eoin McGonigal SC, for Mr Haughey, said last month that the "phenomenal hostile publicity" which had arisen from the recent £8.5 million claim in relation to Mr Haughey would form the basis of the case.
He said there was a possibility that "the public person" who made the recent comments, RTE and the Director of Public Prosecutions might have to be put on notice for the hearing.
The motion calls for an order to be made striking out the bill of indictment, or as alternatives an order directing a permanent stay on the proceedings or an order postponing the trial until such time, if ever, as the unfairness created by adverse pre-trial publicity abates.