Date for Rattigan trial may be set next week

A date for the trial of Dublin man Brian Rattigan, who is charged with the possession of heroin and having mobile phones in Portlaoise Prison, may be decided upon next week.

Rattigan (aged 30), of Cooley Road, Drimnagh is charged with possession of two mobile phones at Cell 42, E1 Landing, Portlaoise Prison while an inmate at the prison on May 22, 2008.

He is also charged with possession of heroin and two charges of possession of the drug for sale or supply on Hughes Road South, Walkinstown, Dublin on May 21, 2008.

In March the Director of Public Prosecutions ordered that Rattigan's trial should be moved from the Circuit Criminal Court to the Special Criminal Court (SCC), which normally deals with terrorist offences, because the ordinary courts are "inadequate" to try the case.

The Special Criminal Court was told that the President of the High Court, Mr Justice Nicholas Kearns, made an order that Rattigan should be tried at the non-jury SCC following an application by the Director of Public Prosecutions under the Offences Against the State Act.

Mr Sean Guerin BL told the court that the State was objecting to any further adjournment in the case, as the offences were alleged to have occurred almost four years ago and time was “running on to a very significant extent”.

He said that there were a substantial number of garda witnesses on whom the prosecution was anxious to serve witness orders before they either moved on or retired.

Counsel for Rattigan, Ms Siobhan Ni Chulachain BL, had this morning sought to adjourn the matter for mention at the beginning of the next court term in April.

Mr Justice Paul Butler, presiding, said the court could fix a date in October to hear the trial but would adjourn the matter for mention on Wednesday next to allow both sides prepare further submissions.

Ms Ni Chulachain said that Rattigan had agreed to appear before the next sitting of the court via video link.