A jury has been discharged on the second day of the trial of a man charged with the possession of £120,000 of cannabis resin, because of the inadvertent production of a document.
Mr John Kelly (42), of Belfry, Inchicore, pleaded not guilty at Dublin Circuit Criminal Court to possessing cannabis for sale and supply at Liffey Valley Park on May 12th, 1997.
Judge Patrick McCartan said an unusual turn of events had occurred which were similar to the recently aborted Catherine Nevin murder trial where potential witnesses in the gallery might have heard deliberations in the jury room.
Judge McCartan said that in this trial a prosecution witness, Det Traoloch Shortt, was asked by defence counsel, Mr Jack Fitzgerald SC, to produce a document from his briefcase.
In the course of doing this, an envelope was produced which had "evident" and "prominent" information written on it which prosecuting counsel Mr Brendan Grehan brought to the judge's attention.
Judge McCartan said he was not going to say what was written on the envelope, but it might have been noticed by some of the jurors.
He said the decision to discharge the jury was in the "best interest of justice and fairness" because justice must not only be done but be seen to be done.
Judge McCartan said the action of Mr Grehan in bringing the matter to his attention was in the best traditions of the legal profession.
Judge McCartan added that he found Det Shortt to be an officer of the highest integrity and professionalism, and what happened was entirely accidental and no reflection on him.