Man sent for trial by higher court

A man accused of threatening and intimidating a State employee has been returned for trial to the Central Criminal Court.

A man accused of threatening and intimidating a State employee has been returned for trial to the Central Criminal Court.

Mr Michael Deighan, Duke Farm, St Margaret's, Co Dublin, had been returned for trial to another court, the Dublin Circuit Criminal Court, but he contested its jurisdiction to hear the matter.

The DPP conceded there was merit in Mr Deighan's argument and he secured leave to apply to the High Court for an order stating the return for trial to the Circuit Criminal Court was wrong and remitting the matter to the Central Criminal Court.

Ms Justice McGuinness yesterday granted the orders sought.

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Mr Deighan had been charged with attempting to obstruct the duties of a State employee by intimidation on May 27th, 1996, contrary to the 1939 Offences Against the State Act as amended by the 1976 Criminal Law Act.

He was accused of committing criminal contempt of court by threatening that the employee would be subject to violence if a certain application for bail due to be heard in the Dublin District Court was not successful.

Mr Deighan had questioned the jurisdiction of the Circuit Court to hear the case when he was sent for trial on October 28th, 1998. In her reserved judgment yesterday, Ms Justice McGuinness said it was clear from the legislation that the particular charge brought against Mr Deighan fell to be tried in the Central Criminal Court.

Mr Deighan had vehemently opposed the granting of the orders sought by the DPP.

Mr Deighan, who conducted his own case, said he wished to appeal the findings to the Supreme Court.