A JUDGE is to announce on Monday whether to continue with the trial of Mr Joseph Delaney at the Central Criminal Court in Dublin after the jury foreman expressed concern about the jury's safety.
One juror expressed concern that he or she knew a witness due to give evidence in the trial.
That juror was subsequently dismissed without being identified by name and Mr Justice Quirke will decide on Monday if the trial will proceed with 11 jurors.
Addressing the court before evidence resumed yesterday, the foreman of the jury said there was "unease" and "apprehension" due to persons present in the courtroom on Wednesday.
"I don't want to go into details but ultimately after this trial people have to go on living in Dublin," he said. "We're all here to do our duty but there are people here with families," he told the court.
Mr Joseph Delaney (54), formerly of La Rochelle, Naas, Co Kildare, has pleaded not guilty to the murder of Mark Dwyer (23) on or about December 14th, 1996.
He has also pleaded not guilty to falsely imprisoning Mr Dwyer and detaining him against his will at Foster Terrace, Ballybough, Dublin, on December 14th, 1996.
The foreman of the jury told the court that over the past three days they had heard about some "very serious crimes, people being shot and whacked, as Mr Curry [Christopher Curry, Ballyogan Drive, Leopardstown Drive, Co Dublin, a witness] said".
After requesting a senior Garda superintendent to come before the court, Mr Justice Quirke told the jury that he had gone to "considerable lengths" to ensure they were "looked after". Mr Justice Quirke told the jury a police escort would be in place to bring them to and from court in the morning, evening and during lunch.
Mr Justice Quirke said he would ensure that the jury was entitled to be free from intimidation or oppression and that they would be supplied with security. The judge said he would say on Monday whether the case was to go ahead. "There may be understandable concerns," Mr Justice Quirke said.
"For or against, members of the jury have to go back to living in the greater Dublin area," the foreman said.
The foreman of the jury said that jurors were concerned about "retribution. That's the side people would be worried about."
Mr Justice Quirke then sent the jury away while he considered their concerns with counsel.
After almost an hour, Judge Quirke addressed the jury, saying he had cleared the courtroom of members of the public and "if you wish the public shall be excluded. If you feel uncomfortable I will comply with your wishes in this respect."
He said he understood their concerns for their safety after the trial but said that their civic duty would be completed by then and there would be no use in influencing them after the verdict had been given.
The jury asked for a list of all the witnesses who were due to give evidence, as some members of the jury might have come into contact with them in the past.
Agreeing to supply the jury with a list of witnesses due to give evidence, Judge Quirke said: "Most, if not all of these" were officials in the Garda, emergency services, telephone companies and associated with the State pathologist and many of them may not give evidence.
He also said no one in the court yesterday would be a witness in the trial except for Mr Curry. Prosecution counsel previously said that the State Pathologist would give evidence to say that Mr Dwyer died from a laceration of the brain due to a single gun shot wound to the back of the head, fired at "virtual contact range".