Convicted criminal John Gilligan has been granted a one-day adjournment to his High Court challenge against a charge of possessing a phone in Portlaoise prison.
The 58-year-old is facing a further five years in prison if convicted of having the phone on July 30, 2008.
Mr Gilligan arrived in court with a large garda escort for his latest legal challenge.
He is arguing that the charge of possessing a mobile phone in prison is a case of double jeopardy because he has already been sanctioned by the prison authorities for allegedly having the phone and could face a further five years inside if convicted by a court.
His barrister Martin Canney immediately sought an adjournment informing the court that GM solicitors wanted to come on record for Mr Gilligan and needed time to prepare a case.
The move was strongly opposed by the DPP's lawyers who said there was no possible excuse for the delay as GM solicitors had said in a letter two months ago that they were receiving instructions from Mr Gilligan.
Mr Justice Sean Ryan granted a short adjournment until tomorrow saying that while the blame for the delay did not lie with the DPP he was anxious that Mr Gilligan's lawyers should not be at at a disadvantage.