Gang figure Brian Rattigan has applied for a Supreme Court appeal against his conviction for the murder of Declan Gavin outside an Abrakebabra takeaway in Dublin more than 12 years ago.
The application was heard before by three judges - one of whom is now seriously ill.
Brian Rattigan of Cooley Road, Drimnagh is serving a life sentence for the fatal stabbing of Declan Gavin in August 2001.
He lost an appeal against his murder conviction last year, but he claims his case raises important points of law of public importance that should be determined by the Supreme Court.
His lawyers claim the trial judge made unfair and unbalanced remarks while summing up the case to the jury.
His challenge also addresses a 2006 change to the law which allowed two garda statements to be admitted in evidence from witnesses who were unco-operative at the trial.
This application was made late last year but one of the judges hearing the matter, Mr Justice Michael Hanna, fell ill before a decision had been made.
Mr Justice Donal O’Donnell acknowledged the inconvenience but said that was dwarfed by concerns for his wellbeing.