MONTREAL — The lawyers for two men who face criminal charges related to the sponsorship scandal asked a judge Friday to have their clients' joint trial delayed until September.

Harvey Yarosky said he does not have enough time to prepare for May 2, the date jury selection is set to begin in the fraud trial for his client, advertising executive Jean Brault.

Brault is to stand trial with Chuck Guite, the bureaucrat responsible for running the sponsorship program in the 1990s.

They allegedly defrauded the federal government of nearly $2 million.

Brault is currently testifying under a publication ban at the federal sponsorship inquiry but presiding judge John Gomery has said he will listen to arguments for lifting the ban on the testimony once Brault has finished on the witness stand.

Yarosky told Quebec Superior Court Justice Lise Cote he does not believe Brault, who headed Montreal advertising company Groupaction, would get a fair shake in May.

"In the situation we have now, our position is that to be forced to start our trial May 2 just deprives us of the right to a fair trial," Yarosky said outside the courtroom.

"We don't have enough time to prepare. We have all the publicity that goes with it. Our client is still in the box testifying. There are other witnesses. We have to be there. There are other witnesses who follow whose testimony is very important."

Cote said she will announce her decision next Wednesday.

Guite is scheduled to testify at the Gomery commission in April.

Yarosky also noted that Gomery is scheduled to hear other ex-employees of Groupaction after Brault and that their testimony won't be subject to the publication ban.

That, he argued, could hurt his client if jury selection were to begin in May.

"What we said to the judge is that it's an unprecedented situation to have to start your trial before a jury under these conditions."

Yarosky said a trial in September would be over by the time Gomery files his preliminary report in November.

After the September scenario was put forward Friday, Crown prosecutor Jacques Dagenais suggested June as a compromise.

But Cote said that because of previously scheduled vacation plans, it would be more difficult to find jurors for any trial that continues through the summer.

Dagenais then suggested May 16 but Yarosky said two extra weeks would be insufficient.

The Gomery inquiry is probing every aspect of the $250-million sponsorship program, which was created to increase the federal profile following the 1995 sovereignty referendum.

Canadians were outraged following revelations Liberal-friendly middlemen received $100 million in sponsorship commissions, often for performing little or no work.