Lawyers for Aaron Brady, who shot Detective Garda Adrian Donohoe dead in 2013, have raised a concern about publicity arising from a trial that was due to begin on Monday in which he is accused of perverting the course of justice.
Michael O'Higgins SC, for Brady, told the three-judge, non-jury Special Criminal Court that Brady is still awaiting the outcome of an appeal, heard last October, against his conviction for murdering Det Garda Donohoe.
If the appeal is successful, Mr O'Higgins said his client would likely face a retrial at the Central Criminal Court. A trial in that court would be held before a jury, rather than a panel of professional judges.
Mr O'Higgins said he has a "concern that the publicity generated in this trial would be damaging to jurors in that case".
Mr O'Higgins said he would be making an application before the court in which he will rely on the case of The Irish Times v Murphy, a seminal judgment on media reporting of court proceedings.
Brady's trial for perverting the course of justice was due to go ahead on Monday but was adjourned to Tuesday to allow the defence time to consider additional evidence that has been served in recent days.
Brady and his co-accused Dean Byrne are charged with conspiring to persuade a State witness not to testify during Brady's trial for the murder of Det Garda Donohoe during a robbery at Lordship Credit Union, Bellurgan, Jenkinstown, Co Louth, on January 25th, 2013.
Brady (33), of New Road, Crossmaglen, Co Armagh, and Dean Byrne (30), from Cabra Park, Phibsborough, Dublin, are accused of conspiring to persuade prosecution witness Daniel Cahill not to give evidence in order to pervert the course of justice between April 8th and June 22nd, 2020.
Brady is also accused of recording the playing of a video of a witness being interviewed by gardaí, thus embarking upon a course to pervert the course of public justice between February 20th and May 7th, 2020.
During Brady's murder trial in 2020, the court was told that a video of a witness telling gardaí that he heard Brady admit to murdering a garda was circulating on social media.
The trial judge, Mr Justice Michael White, described the dissemination of the video as "the most outrageous contempt of court" and a "deliberate attempt to intimidate" the witness and others who were to give evidence.
In August 2020, Brady was convicted of murdering Det Garda Donohoe, a garda acting in accordance with his duties, and was sentenced to life imprisonment with a minimum of 40 years to be served.
