BUSINESSMAN BREIFNE O’BRIEN has failed to have his theft and deception trial stopped due to media publicity he has received which he claimed might prejudice his trial.
However, Justice Nicholas Kearns did delay the case for 12 months to allow reporting on Mr O’Brien’s financial affairs fade from public memory before a jury is sworn in.
Mr O’Brien is facing a number of charges of theft and deception relating to an alleged €13million ponzi scheme, which investors claim was used to fund his “lavish and high profile” lifestyle.
Court documents allege Mr O’Brien admitted his wrongdoings to a number of his creditors and their legal representatives in December 2008.
It is alleged that the applicant there made a number of admissions to the effect that he had dishonestly misappropriated funds entrusted to him for specific purposes.
However, the former socialite from Monkstown in Dublin denies all charges of fraud and theft.
Earlier this month, his legal team pointed to a number of media reports and broadcasts which they believed would not allow their client a fair trial due to adverse public opinion.
His solicitors also criticised comments made by a judge during civil proceedings in the High Court where Mr O’Brien was compared to a fictional character from a Charles Dickens’ novel.
Justice Kearns said the press must be free to investigate and expose wrongdoing but said some media articles did “pore gloatingly over the details of the applicants ruin”.
The judge ruled there would be risk of an unfair trial if it was to proceed immediately but said he would see no reason why it should not be heard at a later date.
I would thus have reservations about a trial proceeding in the immediate future. That said, I see no reason why, after a reasonable interval of time, a trial, suitably managed by a judge who would give all necessary warnings and directions, could not take place.
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