They have also claimed the Irish media are fuelling a ‘lynch mob’ mentality against Fitzpatrick and other Anglo bosses.
The comments were made as Fitzpatrick’s lawyers sought the early appointment of a trial judge to deal with disclosure.
They claim the appointment is necessary to prevent ‘a media frenzy whipping up a lynch mob mentality’ in relation to the upcoming trial of former Anglo Irish Bank executives according to the Irish Times.
The report says the trial of the bank’s former chairman Seán Fitzpatrick and two former directors was before Judge Martin Nolan at Dublin Circuit Criminal Court in order to check on the progress of the case.
Fitzpatrick, William McAteer and Pat Whelan have been charged with 16 counts of allegedly providing unlawful financial assistance to individuals to buy shares in the bank.
Judge Nolan said the case would be dealt with in the usual manner.
The Irish Times says that lawyers for the men and for the State all stressed that that they felt it was necessary for the smooth running of the case to appoint a judge now to deal with the large volume of material and issues which may arise leading up to the trial on January 14th next.
Whelan’s lawyer Brendan Grehan said “I don’t think this case can be progressed to trial without a judge taking charge of it now.”
“Applications are going to arise, apart from issues of relevance and privilege in relation to disclosure in the case.
“It would also be appropriate to appoint someone to take charge of the trial now who can give directions not just to the parties but also to the media.
“In the six months leading up to the trial it is vital that an air of calm be restored to the public from which a jury will be drawn.
“We simply cannot have a fair trial take place where a media frenzy is whipping up a lynch mob mentality.”
State lawyer Uná Ní Raifeartaigh admitted: “The issue of publicity is of concern to the DPP. It is important that in the last six months the media would be mindful in matters that may ultimately lead to the postponement of the trial.”
Ms Justice Elizabeth Dunne said she was concerned if Mr FitzPatrick was giving the same instructions to both sets of legal representatives.
She was assured by solicitor Michael Staines,�who is representing Mr FitzPatrick in criminal proceedings,�that he was.
Mr Staines told the bankruptcy court it should not proceed with questioning him on a particular issue until the outcome of the criminal case.
He said it was possible the�Director of Public Prosecutions�would also ask the court to adjourn the case.
The application by a court-appointed official to question Mr FitzPatrick in the High Court as part of bankruptcy proceedings had been adjourned to allow statements to be submitted to the court.
In July, the High Court was told the official assignee wanted to examine Mr FitzPatrick about the ownership of a large London office investment property.
Ms Justice Dunne adjourned the matter for two weeks and asked Mr FitzPatrick’s legal team to lodge sworn statements setting out their submissions on the issue of prejudice.
Today she noted that had still not been done.
The former Anglo Irish Bank chairman is estimated to have debts of €150m and assets of €47m.
He was declared bankrupt in July 2010.