A FORMER doctor charged with defrauding a number of terminally ill cancer patients is seeking a High Court order halting his trial.
Paschal Carmody (61), with an address at Ballycuggaran, Killaloe, Co Clare, is charged with obtaining money from terminally ill cancer patients and their families by deception at the East Clinic in Killaloe on dates between 2001 and 2002.
Dr Carmody previously went on trial in June 2008 at Ennis Circuit Court where the jury returned not-guilty verdicts on six of 17 charges before them and could not agree a verdict on the 11 remaining charges.
In December 2008, the Director of Public Prosecutions said he intended to retry Dr Carmody on the 11 charges on which the jury failed to agree.
Dr Carmody has denied all the charges levied against him and has also denied he ever promised anybody he could “cure cancer”.
In judicial review proceedings which opened yesterday before Mr Justice John Hedigan, Patrick Marrinan SC, for Dr Carmody, said “a real and significant difficulty” had been created in the case due to the death of an important witness for the defence. That witness was Mark Hadden from Tinahely, Co Wicklow, a former patient of his client who had passed away a month before the first trial, counsel said.
It was contended Mr Hadden would have given important evidence during the trial, Mr Marrinan said. Before his death in 2008, Mr Hadden had made statements praising Dr Carmody’s professionalism and stating he never felt exploited by the former GP, Mr Marrinan.
Mr Marrinan further submitted the delay in prosecuting the case was prejudicial. These alleged offences had taken place in 2001-02 while the matter had not gone to trial till 2008. There was an onus to expedite the prosecution due to the fact a number of witnesses in the case had cancer.
Dr Carmody and his family has also suffered from stress, health problems and anxiety as a result of the fact he is facing trial, it was submitted.
Paul Anthony McDermott, for the DPP, said there was no question of any delay. This was a complicated case where gardaí had had to interview a large number of people scattered all over the globe.
Counsel also rejected arguments that the death of Mr Hadden was prejudicial, saying this did not prevent the defence from making the case they wished to make. The case was about the dealings of the complainants with Dr Carmody.
The hearing is expected to conclude today.