The trial of a former Clare GP has collapsed after a judge at Ennis Circuit Court deemed articles that appeared in two national newspapers today presented a potential risk to the accused getting a fair trial.
The issue arose on the 17th day of the trial of Paschal Carmody, of Ballycuggeran, Killaloe, as Judge Donagh McDonagh was due to continue his charge to the jury.
Mr Carmody has pleaded not guilty to nine charges of obtaining more than €16,000 by deception or under false pretences from the families of two terminally-ill cancer patients under the pretence that he could cure their cancer.
Applications were made to the court by senior counsels in the case after reports appeared in two newspapers providing an account of matters discussed in the absence of the jury at yesterday’s sitting.
After considering the applications made by both prosecution and defence senior counsels, the judge decided to withdraw the case from the jury.
The judge said: “The matter complained of contaminates this case and breaches all the conventional rules whereby matters dealt with in the absence of the jury are never reported. It amounts to a contempt of court”.
He explained that not withstanding the fact that on each occasion that the jury left the court that he gave them a warning each time not to talk to, not to read, watch or look up on the internet anything about the trial, that natural curiosity could lead jurors to court reports.
"The Irish Examiner and The Irish Times have so far been accurate in their coverage, but today's coverage departs from that coverage," he said.
The judge then read out the passage referred to which he said appeared in both publications.
The judge said the inference that could be drawn from these articles was such that the defence could be perceived as being critical of the trial judge and the jury were not giving enough attention to the charge.
He also suggested as these matters were being raised by defence counsel it might present the senior counsel in a negative light and this reaction might transfer onto the accused.
The judge said: “Paschal Carmody deserves to be presented positively to the jury” and added the reporting “amounts to a contempt of court”.
“I am fearful that this could create a prejudice to Mr Marrinan and thus to his client, adversely affecting his client. In a matter such as this any adversity is a prejudice,” he said.
The judge said prosecuting senior counsel Mr Denis Vaughan Buckley had argued he had “seen significantly worse publicity” where applications for jury dismissal were refused.
“He asks that I make an enquiry of the jury about the articles and that should include any comment made to them about this. I believe it is wholly inappropriate," the judge said.
“I have a concern of asking the jury if they read these articles as it invites speculation. One would be less than human not to be affected by that one way or another.
“The accused is entitled to a trial based on evidence. I accept the submissions of Mr Patrick Marrinan SC, for the defence, that he needs to address this issue but that option is not open at this juncture. It would be inappropriate for the court to address the imbalance potentially created by this publicity.
“I feel I have to withdraw this case from the jury. I do so reluctantly as all involved have given much time and expense to this case,” the judge continued.
He then directed that the editors of both publications appear before Ennis Circuit Court to be asked why they should not be cited for contempt of court.
The judge then brought the jury out and explained to them that yesterday afternoon in their absence matters were discussed and that "matters that are dealt with in the absence of the jury are never reported. However today's Irish Examiner and Irish Times published a report" of this.
He said it had been suggested he ask the jury whether or not they had seen these reports but he deemed this “wholly inappropriate”.
“An accused person is entitled to be tried on the evidence before the court. There is a risk that Mr Carmody might not get a fair trial and I withdraw the trial from you. It is day 17 of this trial and I grudgingly do so. The risk is too great to continue,” the judge told the jury.
He then excused the jurors from jury service for a period of 15 years and adjourned the case of Paschal Carmody until tomorrow at 10.30am.