A second jury was discharged yesterday in the case of Mrs Catherine Nevin, who has pleaded not guilty to the murder of her husband and to three counts of soliciting to murder.
In the Central Criminal Court, Miss Justice Carroll dismissed the jury after one member said she had a condition which prevented her from serving.
The jury in the first trial was discharged on January 26th last after nine days of prosecution evidence. On that occasion, the judge learned that the jurors' discussions in the jury room could be overheard from the upstairs public gallery in the court.
Yesterday the retrial was about to begin following six days of legal argument. A third jury will now be selected on Monday.
Mrs Catherine Nevin (48) denies the murder of her husband, Tom Nevin (54), on March 19th, 1996, in their home at Jack White's Inn, near Brittas Bay in Co Wicklow. She has also pleaded not guilty to three counts of soliciting to murder.
As yesterday's sitting began Mr Brian Sherry, a solicitor acting for one of the female jurors, told Miss Justice Carroll that his client had a medical condition that prevented her from serving. She had not been able to disclose it to the court on Monday before she was sworn in because she was "overwhelmed" by the situation, he said. On behalf of his client, he offered sincere apologies.
Miss Justice Carroll recalled the jury to apologise to them, saying: "I really feel I have no alternative but to discharge you."
The judge asked the 11 other jurors to return to the Central Criminal Court, along with the remainder of the jury panel, next Monday, when a new jury will be selected.
In the event of a new jury being sworn in on Monday, it will be the third attempt to try Mrs Nevin on the four charges.
Miss Justice Carroll will rule today on submissions relating to an interim order she has imposed banning publication of any comment on Mrs Nevin's appearance or demeanour, and of any representation of her.