Former businessman Breifne O'Brien has failed in an appeal to stop his upcoming trial on fraud and theft charges.

Mr. O'Brien (51) of Monkstown Grove in Co. Dublin is accused of the theft and deception of €13 million from five individuals between 2003 and 2008.

The Supreme Court has cleared the way for Breifne O'Brien's trial to proceed from June this year.

He claimed he would not be able to receive a fair trial due to adverse media attention, and widely reported comments by High Court judge Peter Kelly in civil proceedings a few years ago.

The three-judge court described those remarks as 'not wise' in today's judgment but they are satisfied a 'very long period has elapsed' since the judge made them, enough time to 'allow public memory to fade'.

The court has found there was also a 'fade factor' in relation to the media coverage and it is satisfied there is no real risk of an unfair trial.

The businessman brought this appeal as a lay litigant.

He has asked for time to read the judgment before the costs of the case are determined.