The legal team of former Taoiseach Mr Charles Haug hey is today expected to move a motion in the Dublin Circuit Criminal Court to have charges that he obstructed the McCracken tribunal struck out or postponed indefinitely following weekend comments by the Tanaiste, Ms Harney.
Reacting to last week's Moriarty tribunal revelations that Mr Haughey got £8.5 million over 17 years, Ms Harney said in a newspaper interview it was her view that he should be convicted and jailed.
The criminal case against Mr Haughey for obstructing the tribunal is due for mention before Judge Kevin Haugh in the Dublin Circuit Criminal Court today.
It is understood that Mr Haughey's advisers are considering applying for the case to be struck out or deferred, on the basis that Ms Harney's comments, coupled with last week's tribunal revelations, could be prejudicial to his trial.
However, Ms Harney has said that her comments were made in the context of the Moriarty tribunal revelations and not in relation to any other pending case. Yesterday Fine Gael failed in its Dail attempt to censure Ms Harney for her controversial comments.
The Fine Gael leader, Mr John Bruton, was ruled out of order in his attempt to have Dail business suspended under Standing Order 31 to have a censure motion agreed.
Mr Bruton said he wanted a motion considered, "preferably without debate", that members of the Oireachtas should not publicly call for particular verdicts in criminal cases that had not yet been heard in court. He said this could be damaging to the judicial process and could create problems for jury selection.
The Tanaiste, he said, should therefore be censured for her interview remarks.
The Leas Ceann Comhairle, Dr Rory O'Hanlon, said having considered the matter, he was not allowing the motion.
There was no protest from Fine Gael or from any members of the house, when the request was disallowed.
A Fine Gael spokesperson said last night that there was no debate or protest on the issue because the party did not want to compound any potential to prejudice any trial.
"It was always our strong legal advice not to amplify the problem by having debate on the matter. We were hoping for the motion to be agreed without debate. That did not happen but the matter is now on the Dail record," the spokesperson said.