THE judge in the murder trial of Brendan O'Donnell has directed that a new jury be empanelled before a different judge at the Central Criminal Court next Monday to decide on Mr O'Donnell's fitness to plead.
Mr Justice Lavan made hid decision yesterday after hearing legal arguments on Wednesday in the absence of the jury.
Mr Justice Lavan recalled the jury yesterday afternoon. He said a matter had arisen "which requires the adjournment of your consideration of the trial until February 7th next". He told the Jury members they were free to leave the court and to return on that day. Mr Justice Lavan said he regretted the inconvenience to the jury but his action was necessary in the circumstances".
The adjournment of the trial came on the ninth day of the hearing. Mr O'Donnell (21), a native of Co Clare but of no fixed abode, has denied murdering Ms Imelda Riney (29), and her son Liam (3), on a date unknown between April 28th and May 8th in 1994. He is also pleading not guilty to the murder of Father Joseph Walsh (37), a former curate of Eyrecourt, Co Galway.
The trial was adjourned early on Tuesday after the judge told the jury he had been informed by defence counsel, on medical advice hat Mr O'Donnell was unwell. Mr O'Donnell was remanded in custody yesterday to the Central Mental Hospital in Dundrum, Dublin.
The trial, which opened on January 15th, has heard evidence from some 50 witnesses.
Det Sgt Seamus Quinn told the court the bodies of Ms Riney and her son were found intertwined in Cregg Wood near Mountshannon, Co Clare. The child had been shot in the head and Ms Riney had been shot through the left eye. The body of Father Walsh was found nearby. He also had been shot in the head.