The former Taoiseach Charles Haughey has failed in his court action to have his trial on charges of obstructing the McCracken Tribunal adjourned until after the Moriarty Tribunal has reported. In the Dublin Circuit Criminal Court today, Judge Kevin Haugh said he was not satisfied that at the present time there exists a real or serious risk that Mr Haughey would receive an unfair trial. However he was critical of the publicity that has surrounded Mr Haughey and said that he hoped that with a trial pending responsible standards would be observed from now on.
Today's judgement means to Charles Haughey's trial on two counts of obstructing the McCracken Tribunal can now go ahead on March 21st next. Despite the volumes of negative newspaper articles and video footage of TV reports submitted to the court by Mr Haughey's legal team, Judge Haugh did not believe that there was a real and serious risk of him receiving an unfair trial. The judge said juries take their oath seriously, and conscientiously go about their deliberations with direction from the trial judge.
Judge Haugh accepted that the former Taoiseach's reputation and standing has been damaged across a broad front because of the numerous allegations. He suggested some additional safeguards to protect Mr Haughey's rights. He said that, closer to the trial date, he would welcome submissions from Mr Haughey's legal team on additional safeguards and procedures in jury selection, perhaps even questioning individual potential jurors. If he was called before the Moriarty Tribunal around the same time as his trial was due to take place then Judge Haugh said a renewed application for an adjournment would receive a sympathetic hearing.
Mr Haughey's trial is set to proceed for now, however his legal team has other options still open to them - they could initiate judicial review proceedings in the High Court to seek an order stopping the trial going ahead. Judge Haugh lifted his temporary order banning reporting of some media reports submitted during the trial but he said that the boundaries of responsibility had been exceeded in some cases. He said references to the outcome of the trial being a foregone conclusion or to it being an open-and-shut case were improper. Such views, he said, are almost designed to seek to prevent a fair trial. Judge Haugh said the media has responsibilities as well as rights and privileges and he hoped that those he believed had been irresponsible would respect others rights from now on.
