This article is from page 12 of the 2008-07-29 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 12 JPG
FORMER Killaloe-based doctor, Paschal Carmody, has been acquit- ted of 14 charges of deception and false pretences, at the end of a five- week trial at Ennis Circuit Court.
Mr Carmody (60), of Ballycugga- ran, Killaloe, had pleaded not guilty to 25 charges, relating to six cancer patients and their relatives, between September 2001 and October 2002.
He had denied obtaining money by falsely pretending that he would cure six terminally ill cancer pa- tients through photodynamic therapy (Cae
At the end of six-and-a-half hours deliberations last Thursday evening, the jury of eight men and three
women found him not guilty of six charges and returned verdicts of dis- agreement on 11 charges. Trial Judge Rory McCabe had directed the jury to find Mr Carmody not guilty on eight other charges.
The judge discharged the jury at the end of the trial, which had heard from 64 witnesses; 49 for the pros- ecution and 15 for the defence, over 20 days.
Judge McCabe adjourned the case relating to the 11 charges in which disagreements were recorded until September 29 next, at Ennis Circuit Court. The matter will go back to the office of the Director of Public Pros- ecutions, who will decide whether a retrial on the 11 charges – which relate to more than €30,000 in pay-
ments – will take place at a later date.
During its deliberations, the 11- person jury sought clarifications on a number of issues. They asked who ordered the photosensitising drug for John James Gallagher, if William Porter was not a licensed practitioner at the time and also asked where it was stored.
In response to these queries, the judge told them, “There is no evi- dence as to where the photosensitiser was stored… There is no evidence as to who ordered the drug.”
The jury also noted that letters be- tween Dr Carmody’s wife and Dr Porter had not been included among the exhibits and asked could they be read out.
Judge McCabe told them, “We de- cided the letters wouldn’t be exhibits for legal reasons. Disregard them.”
The jury retired shortly after lunch on Wednesday. After hearing that it had not reached unanimous decisions by 6.20pm that evening, the judge sent them to a hotel for the night.
The deliberations resumed on Thursday morning, when the jury sought to watch a video of the East Clinic. Just before lunchtime on Thursday, the jury indicated that it would not be in a position to agree on everything and asked the judge would a majority verdict be accept- re
Judge McCabe addressed that issue immediately after lunch and asked the jury had it reached unanimous
decisions in relation to any counts. The foreman indicated that it had, on some of the counts and the judge then gave the jury the option of a 10:1 ma- jority verdict on the other charges.
Over two hours later, at 4.45pm, the jury was told it was open to them to disagree, where there was no pros- pect of reaching a decision. The jury delivered its verdicts on all counts at 5.20pm.
The verdicts brought tears for the families of John Sheridan, John James Gallagher and Conor O’Sullivan, while a supporter of Pas- chal Carmody clapped at the back of the tense courtroom. Asked did he wish to comment as he left Ennis courthouse an hour later, Mr Carmo- dy simply replied, “No thank you.”