A jury in the Central Criminal Court trial of a man accused of capital murder was discharged yesterday after the 11 members failed to reach a majority verdict.
The jury was discharged and declared exempt from jury service for life after failing to agree on two charges of murder and capital murder of a Garda.
Daniel O'Toole (37), of Cashel Avenue, Crumlin, Dublin, denied the capital murder charge that on July 21st, 1999, at Tallaght Garda station, Dublin, he murdered Sgt Andrew Callanan. O'Toole denied capital murder but admitted manslaughter.
A simple charge of murder was also put to O'Toole. He denied the simple murder charge but admitted manslaughter. He also denied a further charge of arson.
During the 41/2-hour deliberations, the jury had been sent to a hotel overnight before resuming yesterday. Just after lunch, the foreman of the jury told the court agreement could not be reached, and Mr Justice Carney ruled that they be discharged.
He said the case would take the best part of a year to come back to the courts. He had made every effort to encourage the jury to reach a verdict and he ordered that the case be put back into the next list of fixed dates.
The jury failed to reach a verdict on two of the three counts but found O'Toole guilty of count 2, which was a charge of arson. Sentencing for that charge will be given when the other two charges are decided before a fresh jury.
Mr O'Toole was released on bail.