A JUROR’S comment about the ongoing saga of alleged Garda corruption has resulted in the collapse of a trial of a man charged with threatening to kill a senior Limerick detective.
Darren O’Halloran, (31) of Aura Cottage, Dublin Road, Limerick pleaded not guilty to a charge of threatening to kill Detective Garda Pat Whelan on April 2 last year when he is alleged to have phoned Henry Street Garda Station.
He also denied threatening to burn down Detective Whelan’s home.
After a jury of seven men and five women was sworn in on Tuesday, one of the jury members was overheard commenting “sure they’re all corrupt anyway” after prosecution counsel John O’Sullivan BL gave a brief outline of the allegations.
The father of four is alleged to have made the threats giving references to the detective’s home address, his private car and other personal details after he asked to be put through to the detective branch at Henry Street.
However, this Wednesday when evidence was to be heard at Limerick Circuit Court, Judge Tom O’Donnell was informed of the comments made by the juror the day before.
Mr O’Sullivan asked that the jury be discharged and a second jury sworn in because the comment went to the heart of the credibility of Garda who would be vital in the case.
Defence Counsel Anthony Sammon SC, objected to the State’s application calling it “scandalous, bordering on outrageous.
“You are being asked to deprive 12 jurors of their constitutional right on the basis of a snippet of a conversation which is of topical debate.
“We cannot have a situation where jurors are enthusiastically supportive of An Garda Siochana”, he said.
Mr Sammon argued that the comment could have been made in reference to an opinion piece by journalist Fintan O’Toole in the Irish Times highlighting Garda corruption while referring to “public and political disquiet”.
Mr Sammon said that “maybe the jurors were discussing the points raised by Mr O’Toole” as he read the article to the court.
He went on to argue that the O’Higgins report into Garda conduct and the “disquiet over the Garda Commissioner” could not be ignored.
Discharging the jury, Judge O’Donnell said he found the “corruption comment particularly troubling in the narrow light of the trial before the court”.
Attempts to empanel a second jury to hear the case failed on Wednesday morning as only ten jurors were eligible to serve.
Mr O’Sullivan said that “the fine weather” could be attributed as an excuse to those who didn’t turn up.
Judge O’Donnell said that it was the first time in his time as a judge, that he was faced with such a situation.
Darren O’Halloran was remanded in continuing custody to July 25 for a new trial date to be set.
