Editors summoned to court after Paschal Carmody trial collapses

Lady Chatterton

The five-week trial of former doctor Paschal Carmody, who is accused of defrauding the families of two cancer patients, collapsed this afternoon.

Paschal Carmody, 63, of Ballycuggeran in Killaloe, Co Clare ,had denied nine charges of defrauding the families of two terminally ill patients of over €16,500 by promising he could cure their cancer at his East Clinic in Killaloe on dates in 2001 and 2002.
The trial had been going on for 17 days and the judge was in the middle of his charge to the jury.

However it was brought to an abrupt end this afternoon when reports of the trial which appeared in both the Irish Times and the Irish Examiner were cited for possible contempt by defence counsel Patrick Marrinan.
The reports contained references to matters raised in the absence of the jury and because of this there was a danger Mr Carmody would not get a fair trial, his counsel claimed.

Judge Donagh McDonagh said while the risk was a small one he could not take a chance. He summoned the editors of both the Irish Times and the Irish Examiner or their legal agents to appear before him at Ennis Circuit court tomorrow morning.

This is the second time that Mr Carmody has gone on trial over these matters.
Two years ago after a trial of similar length, the jury failed to agree on a number of charges and found him not guilty of several others.

limklass

What are the implications for further litigation?

Raging_Ninja

idiots and halfwits.

Lady Chatterton

limklass wrote: »

What are the implications for further litigation?

TBH I'm not sure but I'm furious that taxpayers are going to have to foot the bill for a five week trial that has not resulted in any verdict. It much be extremely stressful for the families involved in this case.

Thinspired

Why would the taxpayer have to foot the bill? Surely if the Times and Examiner are held in contempt of court they can be hit with the bill for legal fees etc. After all they collapsed the trial.

Actually, RTE has just updated: both newspapers have been held in technical contempt of court and the issue of costs has been adjourned. Can't help but feel sorry for the sub editor and senior editor in charge that night, it's an expensive mistake to make but anyone could make it.

Lady Chatterton

Today's Irish Examiner

Carmody trial brought to an end
By Carol Byrne

Friday, April 29, 2011

THE trial of former Clare GP Paschal Carmody, who is accused of defrauding the families of two cancer patients, has collapsed.


The trial was brought to an end yesterday afternoon when reports of the trial, which appeared in both the Irish Examiner and the Irish Times — and supplied to both newspapers by a freelance journalist — were cited for possible contempt by defence counsel Patrick Marrinan.

Mr Carmody, aged 63, of Ballycuggeran in Killaloe, Co Clare, had 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.

Judge Donagh McDonagh decided to withdraw the case from the jury after Mr Marrinan brought to the attention of the court two newspaper reports which he said compromised Mr Carmody’s chances of a fair trial.

The reports contained matters which were discussed in the absence of the jury at Wednesday’s sitting of the trial and should not, therefore, have been reported.

After considering the applications made by both prosecution and defence senior counsels, presiding Judge Donagh McDonagh said the matters complained of had "breached all the conventional rules whereby matters dealt with in the absence of the jury are never reported. It amounts to a contempt of court".

"The Irish Examiner and The Irish Times have so far been accurate in their coverage, but today’s coverage departs from that coverage," Judge McDonagh said.

Judge McDonagh then directed that the editors of both publications or their legal representatives be brought before the court to explain why they should not be cited for contempt of court.

The judge then excused the jury and adjourned the case.



This appeared in the printed version of the Irish Examiner Friday, April 29, 2011

Lady Chatterton

Newspapers found 'in technical contempt of court' in Ennis case

Friday, April 29, 2011 - 03:22 PM

The Irish Examiner and Irish Times newspapers have been found in "technical contempt of court" for publishing articles which lead to the collapse of the Pascal Carmody trial in Ennis.

Representatives of both national publications were present at Ennis Circuit Court today where they apologised unreservedly for printing the reports which presented a threat to the former Killaloe doctor's chances of a fair trial.

An application on costs for the state and Mr Carmody has been adjourned until next month.

Executive editor of the Irish Examiner Donal O'Hagan and its legal representative John Buckley and deputy editor for the Irish Times Paul O'Neil along with its solicitor Andrew O' Rouke attended today's proceedings at Ennis Circuit Court.

Solicitors for both publications recognised clearly that they had printed articles which contained matters raised in the absence of the jury, but said that it was done unintentionally, without malice and that they had no intention of interfering with the trial.

Legal representative for the Irish Examiner John Buckley told the court that that the reporter in question who attended Wednesday's proceedings " just forgot", in simple terms, that he couldn't report on matters said in the absence of the jury.

The solicitors said their clients apologised sincerely for the mistake but both added that the mistake may not have been clear to a sub-editor or editor at the respected papers.

Council for the state said it was grossly negligent for the papers to publish the article in the manner they did and both the DPP and Pascal Carmody's legal representatives sought costs of the trial.

Judge Donagh McDonagh found the publications in technical contempt of court but said they had purged this through their apologies and presence at Ennis Circuit court.

He adjourned the matter of costs until May 12.

coylemj

Another bonanza for the lawyers.

drogtastic

There's a special place in hell for mr carmody

Lady Chatterton

It is very unfortunate that the last case collapsed, it can't have been easy for anyone involved in it. Hopefully, there will be a better outcome this time.

It is probably better not to comment any further as this case is back before the courts.