THE collapse and death in court yesterday of the mother of the late Philomena Gillane means that a new date has to be set for the trial of Mr Pat Gillane. He is charged with soliciting two men to murder his wife Philomena.
The jury, just selected for the trial, was discharged and will not be involved when the trial restarts.
The mother of the murdered woman, Mrs Nonie Gordon (76), was due to be the first prosecution witness. However, she suddenly became ill within minutes of the start of proceedings.
Mr Henry Bourke SC, prosecuting, had asked Galway Circuit Criminal Court that Mr Gillane (34), of Glenbrack, Gort, Co Galway, be arraigned.
He was charged with soliciting two men, Mr Christopher Bolger and Mr Michael Doyle, in Dublin in January 1994, to murder Philomena Gillane. In reply to the charge, Mr Gillane said. "Not guilty, my lord."
Mrs Gillane's body was found in the boot of her car at Athlone railway station on May 18th, 1994. Seven months pregnant, she had been shot in the back and stabbed.
Mr Patrick MacEntee SC, defending, said it would be helpful to inform the jury that Mrs Gillane's family was from Caltra, Ballinasloe, Co Galway, while the accused was from the Gort area.
At this point, as the jury was being selected, there was a disturbance in court as a sister of Philomena Gillane, Ms Bridie Gordon, called for medical attention for her mother. Judge Raymond Groarke asked if there was medical assistance in court. Mrs Gordon was then carried from the courtroom by three gardai.
In the absence of a jury, Mr MacEntee requested that the court record show that there was a disturbance in the court before a jury was sworn in.
After a jury of eight men and four women was sworn in there was an adjournment to allow those not required as jurors to leave and for the election of a jury foreman.
The hearing soon resumed. In the absence of the jury, Mr Bourke, prosecuting, informed the judge there had been a tragedy and that the first witness, Mrs
Gordon, had died. This, he added, had "certain consequences for the trial today".
He said he was aware that the defence counsel would be seeking to discharge the jury The State would have no objection.
Mr MacEntee said a very sad event had taken place. He applied to have the jury discharged following "a crisis that led to the death of Mrs Gordon".
He wished to point out, in view of his earlier comments, that Ms Bridie Gordon, being very distressed about her mother, was "completely justified". He wished to sympathise with the Gordon family.
He said as the entire jury panel assigned to the court was present when the tragedy occurred, it "would be inappropriate for the present group to try this trial particularly because of highly emotive coverage that would follow Mrs Gordon's death.
He suggested the arranging of a new trial be considered at a separate hearing. The venue would also have to be discussed.
Mr Bourke Said that he had no objections. While it was agreed between counsel that Mr Gillane be remanded in custody until these matters were resolved later in the day, he would be remanded on continuing bail afterwards.
Mr Bourke said he wished sympathise with the Gordon family on his own behalf and on behalf of the Director of Public Prosecutions.
Judge Groarke said he wished to be associated with the sympathy expressed to the Gordons. He agreed that the jury should be discharged and that it would be appropriate that the case not proceed with those from the panel who had been in court.
When the jury was recalled, Judge Groarke said the woman who had taken ill as they were being empanelled had died. "I know you would join in expressing the sympathy of the court."
He said he had agreed to an application that they be discharged.
When the hearing resumed, Judge Groarke agreed to a suggestion by Mr MacEntee that the case be put in for mention before Galway Circuit Court next Tuesday, October 1st, when a date for the new trial would be addressed.