The trial of Wicklow County Council in relation to the deaths of two fire fighters in Bray four years ago, will take place before the Dublin Circuit Criminal Court, after Wicklow Circuit Criminal Court granted an application to transfer it there.
The transfer request was made by the council, which argued that it would be extremely difficult, if not impossible, to empanel a jury in Wicklow that was not affected in some way by publicity about or knowledge of the events, personnel involved or the council itself.
Father-of-15 Brian Murray, 46, and Mark O'Shaughnessy, 26, died while trying to extinguish a blaze at a disused factory at Adelaide Villas off the Dargle Road on 26 September 2007.
Last June, the council as a corporate body, was charged with four charges arising out of the tragedy.
All four charges relate to alleged breaches by Wicklow County Council as an employer of the Safety, Health and Welfare at Work Act 2005, between 1 September 2005 and 27 September 2007.
At Wicklow Circuit Criminal Court this afternoon, counsel for the council, Aileen Donnelly SC, applied to have the case transferred for trial before the Dublin Circuit Criminal Court.
She cited concerns about the difficulty of empanelling a jury in the Wicklow area, which would not have some connection or knowledge of the case.
Ms Donnelly also referred to the volume of publicity about the case, which had been generated in the course of the investigation.
She also cited the peculiarity of the nature of the defendant in the case.
Outlining the background to the case, Ms Donnelly said 133 witnesses were included in the book of evidence and more could be added.
She said that while it was difficult to say how long the case might last, it was anticipated it would take at least six weeks.
Referring to specific media articles, she said the case had generated a huge amount of publicity and almost every step apparently taken by gardaí had been detailed in the press, particularly local media.
Ms Donnelly claimed some of the coverage was of an adverse nature for the council and it would be unfair if the trial went ahead in Wicklow.
In such an event, the trial would take place in Bray, where the fire had happened, and given the numbers of people who know members of the fire service and people within Wicklow County Council, it would also be difficult to empanel a jury.
She also pointed out that every potential juror in Wicklow would have some relationship to the council, be it good or bad.
The Director of Prosecutions, represented in court by barrister Paul Murray, consented to the application.
Judge Michael O'Shea said that having regard to the totality of the matter, he was satisfied that it was an appropriate case to warrant a transfer to the Dublin Circuit Criminal Court, where it will come before the court again on Tuesday 13 December.
