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No decision on Carmody retrial

This article is from page 11 of the 2008-09-30 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 11 JPG

THE DPP has not yet decided if former Killaloe-based doctor Pas- chal Carmody is to be retried on 11 charges of deception and false pre- aeons

Mr Carmody (60), of Ballycug- garan, Killaloe, was acquitted of 14 charges, at the end of a five-week trial at Ennis Circuit Court earlier this year.

However, the jury could not decide on 11 charges and verdicts of disa- greement were returned on those. The 11 charges relate to more than €30,000.

The charges relate to three cancer patients who visited his clinic in Killaloe, between September 2001 and October 2002. They were John Sheridan from Kilkenny; John James Gallagher from Westmeath and Conor O’Sullivan, a 15-year-old boy from County Wexford.

All three died within a relatively short period of time of receiving treatment at the East Clinic.

Mr Carmody had denied obtaining money by falsely pretending that he would cure the terminally ill cancer patients through photodynamic ther- “lO ae DADE

The case was adjourned to yester- day, for directions from the Direc- tor of Public Prosecutions on the 11

outstanding charges. However, Ennis Circuit Court was told yesterday that no decision had been made.

“The DPP hasn’t made a decision yet, but it is imminent,’ Counsel for the State, Stephen Coughlan, BL, told the court.

Defending solicitor Michael Staines asked that the case be made peremp- tory against the State.

Judge Carroll Moran said he had not presided over the trial, but if there was to be a retrial, October (when the next trials will take place in En- nis) would be too near in time to the initial trial, which concluded in July. He adjourned the case until January 12, when the DPP directions will be made known to the court and marked it peremptory against the State.

Mr Staines said he may make a number of applications on the next date. He applied to the court for his client’s passport to be returned to him for three weeks in November and this was granted.

During the trial, the trial Judge Rory McCabe directed the jury to find Mr Carmody not guilty on eight charges, due to insufficient evidence. The jury found him not guilty on six other charges and failed to agree on Oe beer

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