The High Court yesterday refused to set up a divisional court to hear an application by Mr Charles Haughey to strike out a challenge from the DPP. The challenge is to a Circuit Court order deferring indefinitely Mr Haughey's trial on charges of obstructing the McCracken tribunal.
The DPP's challenge is listed for hearing on October 24th. A motion by Mr Haughey to have the case struck out came before the High Court yesterday.
The President of the High Court, Mr Justice Morris, decided that a single judge, rather than a three-judge divisional court, should hear the case and said the issues raised by Mr Haughey could also be heard by that judge.
At the Circuit Court on June 26th last, Judge Kevin Haugh made an order deferring indefinitely Mr Haughey's trial. Soon afterwards, the DPP was granted leave to challenge the order. Last week, lawyers for Mr Haughey indicated to the High Court that they were bringing a motion to have the DPP's challenge struck out as an abuse of process.
Yesterday the High Court heard submissions on behalf of Mr Haughey. Counsel argued the DPP had failed when the case was before Judge Haugh to make the argument he now wished to make and that the DPP lacked locus standi (i.e. had no standing).
Mr Justice Morris said he saw no reason why those arguments could not be put before the judge hearing the case on October 24th.
Mr Justice Morris said the issues which had been identified were routine points and he did not see anything in the nature of the case that could justify him empanelling a divisional court.
He directed that the issues be adjourned to the substantive hearing on October 24th.
Earlier, Mr Paul Gardiner SC, for Mr Haughey, said the DPP had never submitted in the Circuit Court that the law did not permit Judge Haugh to make the order he had made. Yet the High Court was now being asked to quash the order on the basis that the Circuit Court judge did not have jurisdiction.
Mr Maurice Gaffney SC, for the DPP, applied to have Mr Haughey's motion struck out.