John Dundon claims that 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, 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 and want the trial put on hold till 2014.
Mr Dundon, aged 29, with an address at Hyde Road, Limerick, is due to stand for the murder of Mr Geoghegan at Clonmore, Kilteragh, Dooradoyle, Limerick, on Nov 9, 2008, before the non-jury Special Criminal Court on Jun 4. The trial is expected to last for three to four weeks.
Yesterday Mr Justice Michael White heard that his lawyers sought an adjournment last week 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 ruled last week that the trial should commence on Jun 4.
Mr Dundon’s application for permission to bring the challenge was made on an ex-parte 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 to this morning.