Ex-businessman fails to stop fraud trial from going to court

Former businessman Breifne O'Brien has failed in an appeal to stop his upcoming trial on fraud and theft charges.

Mr O'Brien of Monkstown Grove, Co Dublin is charged with the theft and deception of €13m from five individuals between 2003 and 2008.

The Supreme Court has cleared the way for Mr O'Brien's trial to proceed from June this year.

He stands accused on 45 charges of theft and deception dating from 2003 to 2008 and involving nearly €13m.

The 51-year-old claimed adverse media attention meant he would never be able to receive a fair trial.

He also pointed to widely reported comments by High Court judge Peter Kelly in civil proceedings a few years ago.

The three-judge court described those remarks as "not wise" in today's judgment but they are satisfied a "very long period has elapsed" since they were made - enough time to "allow public memory to fade".

It has made similar findings in relation to the media coverage - again it is satisfied there is no real risk of an unfair trial for the businessman.