The trial of a man charged with threatening a State official dealing with a bail hearing was aborted yesterday. Mr Michael Deighan (71), Duke's Farm, St Margaret's, Co Dublin, argued that the Dublin Circuit Criminal Court had no jurisdiction to try him because he was charged under Section 7 of the Offences Against the State Act and that he should be tried in the Central Criminal Court.
That court deals with murder and rape cases but can also deal with treason and other serious offences. Mr Deighan's application to stop the trial was refused by Judge Dominic Lynch. He told the judge he had been so confident of this point of law that he had not instructed a solicitor and counsel to represent him. Judge Lynch granted an adjournment to allow him to brief a legal team.
When the court reconvened, Mr Michael O'Connor appeared for Mr Deighan. Ms Una Ni Raifeartaigh, prosecuting, said the Director of Public Prosecutions had considered the matter during the adjournment and felt there might be a question in relation to the validity of the order returning Mr Deighan's case to the Circuit Court.
Ms Ni Raifeartaigh asked for an adjournment to allow the DPP to apply to the High Court to quash the return for trial order and to begin the proceedings again from District Court level. Mr O'Connor submitted that the judge had no jurisdiction to make any order, even to adjourn the case. Judge Lynch granted the prosecution application to discharge the jury and listed the case for November 6th.
Mr Deighan is charged with attempting to obstruct by intimidation the performance of the duties of a representative of the Chief State's Solicitor's Office at the Four Courts on May 27th, 1996.
The second charge alleges Mr Deighan committed a contempt of court on the same occasion by threatening the official with violence if a bail application to be made to the High Court did not result in the granting of bail.