Businessman Breifne O'Brien has failed to permanently stop his trial on theft and deception charges. The 51-year-old of Kilmore, Monkstown Grove in South Dublin sat at the back of the court for today's ruling.

His lawyers had argued that he would be unable to secure a fair trial due to on-going adverse publicity.

He is accused of 19 charges of theft, involving sums totalling €11 million from five individuals named as Martin O'Brien, Pat Doyle, Evan Newall, Louis Dowley and Daniel Maher between 2006 and 2008. He is also facing 26 charges of deception.

High Court President Nicholas Kearns notes in his judgment that 'a point can arise in reporting supposed wrongdoing where factual publicity yields to emotional publicity of an unpleasant and prejudicial nature'. The judge believes taking the totality of the printed material that has occurred in this case.

He factored in television broadcasts and concluded that he had reservations about a trial proceeding in the immediate future.

He writes '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'.

President Kearns has directed a 12 month stay on the trial going ahead to allow the publicity 'fade factor' to operate.