A constitutional challenge to the ban on public worship took a bizarre twist yesterday when counsel for the State could not confirm if the ban actually exists in law.

Businessman Declan Ganley first took the case four months ago, but it has been repeatedly postponed in the High Court.

Yesterday, he raised a recent opinion from a leading legal experts that the restrictions on public worship are merely advice, and have no force in law.

This is despite the gardai fining a priest in Cavan €500 last week for saying mass while a gathering of people were present.

Judge Charles Meenan gave the State two weeks to clarify.

Professor in law at Trinity College Dublin, Oran Doyle, said it was bizarre that, four months after the start of the legal case, lawyers representing the State need to take instructions on whether those restrictions actually exist.