Paschal Carmody trial collapses

THE TRIAL of a former Clare GP who denies charges of deceptionand false pretences has collapsed after Judge Donagh McDonagh atEnnis Circuit Court deemed articles that appeared in two nationalpublications presented a potential risk to the accused's chances ofgetting a fair trial.

The issue arose yesterday, day 17 in the trial of Paschal Carmodyof Ballycuggeran, Killaloe, as the judge was due to continue hischarge to the jury ahead of their deliberations.

Mr Carmody pleaded not guilty to nine charges of obtaining morethan [euro]16,000 by deception or under false pretences from thefamilies of two terminally ill cancer patients under the pretence hecould cure their cancer.

Applications were made to the court yesterday by senior counselsin the case following reports appearing in two national newspaperswhich gave an account of matters discussed in the absence of thejury at Wednesday's sitting of the trial.

After considering the applications made by senior counsels forboth the prosecution and defence, Judge McDonagh decided to withdrawthe case from the jury.

Addressing the court openly, Judge McDonagh said: "The mattercomplained of contaminates this case and breaches all theconventional rules whereby matters dealt with in the absence of thejury are never reported. It amounts to a contempt of court."

He explained that notwithstanding the fact that on each occasionthe jury had left the court, he had given them a warning not to talkabout, read, watch or look up on the internet anything regarding thetrial, a natural curiosity could lead jurors to look at courtreports.

"The Irish ExaminerandThe Irish Timeshave so far been accurate intheir coverage, but today's coverage departs from that coverage," hesaid.

Judge McDonagh then read the passage he was referring to which hesaid was used in both publications.

Judge McDonagh said the inference that could be drawn from thesearticles was such that the defence could be perceived as beingcritical of the trial judge, and that the jury were not givingenough attention to the charge.

He also suggested that as these matters were being raised bydefence counsel, it might then present the senior counsel in anegative light and this reaction might then transfer onto theaccused in the case.

Judge McDonagh said: "Paschal Carmody deserves to be presentedpositively to the jury," and added that the reporting "amounts to acontempt of court".

"I am fearful that this could create a prejudice to Mr Marrinanand thus to his client, adversely affecting his client. In a mattersuch as this, any adversity is a prejudice," he said.

Judge McDonagh explained that senior counsel for the prosecutionDenis Vaughan Buckley had argued that he had "seen significantlyworse publicity" where applications for jury dismissal have beenrefused.

"He asks that I make an inquiry of the jury about the articles,and that should include any comment made to them about this.

"I believe it is wholly inappropriate," he said.

"I have a concern of asking the jury if they read these articles,as it invites speculation. One would be less than human not to beaffected by that, one way or another.

"The accused is entitled to a trial based on evidence. I acceptthe submissions of Mr Patrick Marrinan SC, for the defence, that heneeds to address this issue, but that option is not open at thisjuncture. It would be inappropriate for the court to address theimbalance potentially created by this publicity.

"I feel I have to withdraw this case from the jury. I do soreluctantly, as all involved have given much time and expense tothis case," Judge McDonagh continued.

He then directed that the editors of both publications mentionedbe brought before Ennis Circuit Court to be asked why they shouldnot be cited for contempt of court.

The judge then brought the jury out and explained to them whathad happened.

He said that on Wednesday afternoon during the course of hissummation of the evidence he had invited counsel to address him ifthey had any issues arising from his summation in the jury'sabsence.

He told the jury that in their absence, matters were discussed,and he advised them that "matters that are dealt with in the absenceof the jury are never reported; however, today's Irish ExaminerandIrish Timespublished a report" of this.

He said it had been suggested he make inquiries of the jury as towhether they had seen these reports, but he had deemed this "whollyinappropriate".

"An accused person is entitled to be tried on the evidence beforethe court. There is a risk that Mr Carmody might not get a fairtrial, and I withdraw the trial from you.

"It is day 17 of this trial and I grudgingly do so; the risk istoo great to continue," Judge McDonagh told the jury.

He then excused the jurors from jury service for a period of 15years and adjourned the case of Paschal Carmody to this morning at10.30am.

He directed that the Circuit Court registrar make contact withthe editors of both publications advising them or their legalrepresentatives to attend court today.