This article is from page 13 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 13 JPG
IT would be very wrong to convict an innocent man, but it would also be very wrong to acquit someone if evidence was available.
That was the statement made by Judge Rory McCabe, as he told the jury to consider each charge against Paschal Carmody separately. He said there were two types of charges to be considered; false pretences and de- ception, relating to three patients.
‘Each of the three suffered from a deep-seated terminal cancer. In all but one, all other methods were ex- hausted. All three died within a rela- tively short period of time of receiv- ing treatment,’ he said.
“You may find some evidence cred- ible and some not credible. If any
evidence has two different meanings and one is favourable to the defence, you must use what is favourable to the accused. If you have a doubt, you must acquit,” he said.
He pointed out that Mr Carmody had chosen to give evidence in the trial. ““His evidence is no different to any other evidence in this case. It is up to you to decide what weight to give his evidence. If you feel a charge is proved beyond reasonable doubt, convict. If you have reason- able doubt, you must acquit,” said the judge, last Wednesday.
“To convict an innocent man would be very wrong, but it would also be very wrong to acquit someone when the evidence is there beyond reason- able doubt,” said the judge, who said the ideal verdict on each charge was
unanimous.
He also told the jury that John James Gallagher’s wife Bernadette – who gave evidence during the trial – is suing the accused for damages.
He noted that at the beginning of the trial there had been 25 charges, but directed the jury to find Mr Car- mody not guilty on eight of those charges. “The prosecution accepts there is insufficient evidence to pro- ceed,” he said.
He said there was no evidence of any promise of a cure made in rela- tion to Mary O’Connor, Josephine Durkan or Karen Kurvink.