A MAN accused of the murder of Garryowen rugby player Shane Geoghegan has brought a High Court action aimed at delaying the start of his trial.
John Dundon claims he cannot get a fair trial because his lawyers have not been given sufficient time to go through the large volume of material, including CCTV footage and documentation, about the case furnished to them by the State.
That material was only furnished by the prosecution a month ago, and his lawyers claim they need up to 500 working days to go through all the material. As a result they want the trial put on hold till 2014.
Dundon (29), of Hyde Road, Limerick, is due to stand trial for the murder of Mr Geoghegan at Clonmore, Kilteragh, Dooradoyle, Limerick, on November 9, 2008, before the non-jury Special Criminal Court on June 4.
The trial is expected to last for three to four weeks. Yesterday at the High Court Mr Justice Michael White heard that Dundon's lawyers sought an adjournment of the matter until next year in the interests of a fair trial.
The State objected to any adjournment because of concerns over the security of the proposed chief prosecution witness in the case.
The Special Criminal Court however ruled last week that the trial should begin on June 4.
In his High Court action against the Special Criminal Court Dundon is seeking a number of orders and declarations including that the decision not to grant an adjournment be quashed and that his trial be stayed.
He is also seeking a temporary injunction preventing his trial from going ahead until his High Court action has been determined.
Yesterday Martin O'Rourke for Dundon said it would be impossible for Dundon's lawyers to go through all the material furnished by the state before June 4. Should the trial proceed, the defence team would be compromised, counsel added.
Some 26,082 pages of evidence, 1,226 discs of CCTV footage, two hard drives and a memory stick were disclosed to Madden and Finucane solicitors at the beginning of the month.
The solicitors estimate it would take 500 working days to read through the disclosed material and view the CCTV footage.
Counsel for Dundon said the Special Criminal Cour decision amounted to breach of his client's rights to fair procedures as well as his Constitutional rights and his rights under the European Convention of Human Rights.
Dundon's application for permission to bring the challenge was made on an ex-parte (one side only present) basis. Mr Justice White directed that the application for leave be heard in the presence of lawyers for the State respondents. The matter was adjourned.