THE trial of Mr Brendan O'Donnell, who is charged with three murders, was adjourned yesterday until February 7th next.
Mr Justice Lavan directed that a new jury be empanelled before a different judge at the Central Criminal Court next Monday to decide the issue of Mr O'Donnell's fitness to plead. He was remanded in custody to the Central Mental Hospital at Dundrum.
The judge made the direction after hearing legal discussion in the absence of the jury on Wednesday.
The court resumed yesterday at 2 p.m. and the judge made a ruling on the issue of fitness to plead in the jury's absence. He called the jury in at 2.10 p.m. and told them: "A matter has arisen which requires the adjournment of your consideration of the trial until February 7th next."
He told the jury they were free to leave court and to return on that date.
On Monday a different jury will begin hearing the issue of Mr O'Donnell's fitness.
The adjournment came on the ninth day of the trial of Mr O'Donnell (21), a native of Co Clare but of no fixed abode, who has denied the murder of Ms Imelda Riney (29) and her son Liam (3) at a date unknown between April 28th and May 8th, 1994.
He also pleaded not guilty to the murder of Father Joseph Walsh (37), former curate of Eyrecourt, Co Galway, between May 3rd and 8th, 1994, and to falsely imprisoning Father Walsh.
He denied kidnapping Ms Fiona Sampson and Mr Edward Cleary in Co Galway on May 7th, 1994, and to hijacking two vehicles driven by those same persons on the same date.
He further denied having a shotgun and ammunition with intent to endanger life and for unlawful purposes on May 7th, 1994.
The trial was adjourned early on Tuesday after the judge told the jury he had been informed by defence counsel, on medical advice, that Mr O'Donnell was unwell. The judge sent the jury away until Wednesday morning.
When the jurors returned to court on Wednesday, they remained in their room while legal discussion continued for some 90 minutes.
Following this, around 12.30 p.m., Mr Justice Lavan brought the jury back into court and told them "very serious" matters had been discussed and the trial could not proceed at that stage.
He directed the jury to go home and return to court at 2 p.m. yesterday.
The trial opened on January 15th last and has heard evidence from some 50 witnesses.
Det Sgt Seamus Quinn told the court the bodies of Ms Riney and her son Liam were found intertwined in Cregg Wood. The child had been shot in the head and Imelda Riney was shot through her left eye socket.
The body of Father Joseph Walsh lay some 950 feet away in the wood. He had also been shot in the head.
Among those who have attended the packed hearings are the sisters, father and former partner of Ms Riney and relatives of Father Walsh.