Convicted sex attacker Anthony Lyons is likely to walk free from jail before a court appeal against the perceived leniency of his 6 months jail term.
The Dublin businessman from Griffith Avenue is due for release on December 14th.
Last July the 52-year-old aviation broker received a 6-year sentence with 5 and a half years suspended following his conviction by a jury at Dublin Circuit Criminal Court.
Judge Desmond Hogan also ordered him to pay €75,000 compensation to his 27-year-old victim who he rugby tackled to the ground and sexually assaulted on October 3rd 2010.
The Director of Public Prosecutions (DPP) is appealing the sentence which it claims is too lenient.
The DPP's lawyers applied to the Court of Criminal Appeal to secure a priority hearing on December 12th before the release from prison of the father of four.
Counsel unavailable
However Lorcan Staines, BL - for Mr. Lyons - informed the court that while his client was eager for the appeal to get on, he was concerned that he would lose the services of his senior counsel Patrick Gageby, who is engaged in a murder trial and is unlikely to be available on that date.
The hearing is due to last about 2 hours.
Mr. Justice Adrian Hardiman said the court was unwilling, in the interest of expedition, to take steps that deprive Mr. Lyons of his counsel of choice.
The judge put the case into the next list but told the parties that if circumstances change they can inform the court.
It now seems the father of four will be released from jail before the DPP appeal goes ahead.
His lawyers have indicated they will raise medical evidence, issues surrounding his intoxication and his unusual defence of blaming the attack on an uncontrollable urge brought on by his cholesterol medication.
