THE judge in the murder trial Mr Frederick Flannery has said he will deliver his decision today on an application to withdraw jury from the trial and direct a not guilty verdict. Legal submissions regarding the application were made yesterday in the absence of the jury.
The jurors were told to return to court this afternoon when the judge will rule on the application.
Yesterday was the seventh day of the trial of Mr Flannery (35), of no fixed abode, who has denied the murder of Denis Patrick O'Driscoll (33) in Wellington Terrace, Cork, between December 15th and 31st, 1994.
The trial opened on June 17th. It was adjourned last Friday until Tuesday when the court heard gardai had just made available certain documents regarding the case.
When it resumed n Tuesday, the court heard further documents had been made available the previous day. Mr Justice Barr strongly criticised gardai and said he wanted a senior officer to explain the delayed disclosure.
The jury members were sent out and legal discussion got under way, at the close of which, last evening, the judge told the jury the defence had applied to have the jury withdrawn from the trial and directed to return a not guilty verdict.
Submissions on that application continued yesterday, and Mr Justice Barr will deliver his ruling this afternoon.