Former chairman of Anglo Irish Bank Seán FitzPatrick has been granted legal aid for his upcoming trial on charges of failing to disclose loans from another bank.

Mr FitzPatrick , who is 65 and from Whitshed Road, Greystones, Co Wicklow, is charged under Section 197 of the Companies Act 1990.

He faces 12 counts of failing to disclose to auditors Ernst & Young the true value of loans worth at least €139m, given to him or people connected to him, by Irish Nationwide Building Society from 2002 to 2007, while he was an officer of the bank.

Mr FitzPatrick's solicitor, Michael Staines, told Judge Mary Ellen Ring that his client had "just emerged from bankruptcy" and was entitled to legal aid.

Mr FitzPatrick was not in court.

Judge Ring granted legal aid and three counsel to Mr Staines at a vacation sitting of Dublin Circuit Criminal Court.

In an earlier hearing in July, Mr Staines had submitted that Mr FitzPatrick would not be able to fund his upcoming case, unless he is awarded his costs from a previous trial, in which he was acquitted on all charges.

Last June Judge Martin Nolan rejected an application for costs for that trial and Mr Staines told Judge Ring that leave had been granted for a judicial review of this decision.

In July, Mr Staines said that the judicial review could take up to a year, and he said in the meantime his client cannot afford to take on barristers.

"Mr FitzPatrick will not be able to fund his case unless he gets an order for costs in the other matter. My client may have to reluctantly apply for legal aid," he said.

Prosecuting counsel Úna Ní Raifeartaigh had previously asked that the case be listed for mention to seek guidance from the defence regarding issues around disclosure from a third party.

Mr Staines had responded that the reason the defence have not responded to the State's requests for guidance is that they have no counsel because of the issues around costs and legal aid.

The trial is set for 2 February next year with a pre-trial hearing scheduled for December.