Adverse publicity means trial can’t be fair, says O’Brien
The Cork-born financial adviser was given permission by the High Court yesterday to seek a prohibition of his pending trial over the publicity in both print and broadcast media.
He faces 45 charges of theft and deception over an alleged investment fraud.
The district court heard in September that 19 charges of theft involve sums totalling around €11m from five individuals between 2006 and 2008, and another 19 charges involve alleged deception of the same people. A further seven charges of deception involving €1.9m relate one of those five people between 2003 and 2008.
Last November, Mr O’Brien was sent forward for trial to the Dublin Circuit Criminal Court.
Mr O’Brien, 51, who denies the charges, claims it is not possible to get a fair trial due to adverse pre-trial publicity, Mr Justice Michael Peart was told.
His counsel, Patrick McGrath, said his client was seeking orders of prohibition and a stay on his trial because of the adverse publicity which arose out the alleged facts in the criminal case against him, as well as from proceedings in the Commercial Court concerning him.
Mr O’Brien, Kilmore, Monkstown Grove, Monkstown, Dublin, is due to appear in the Circuit Court tomorrow when the case is for mention, but so far no date for is trial has been set, counsel said.
There was a “lengthy history” of newspaper clippings about him, counsel said. It had not been possible to obtain the clippings themselves but his side had exhibited in the papers before the court what was said about him in those articles using an online archive site called HighBeam Research, Mr McGrath said.
Mr Justice Peart granted Mr McGrath, who made the application on an ex parte basis, leave to seek judicial review prohibiting his trial. The question of a postponement, or stay, on the trial could be dealt with when the matter comes back before the court in March, the judge said.
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