Why has a 78-year-old Dingle fisherman been charged with the murder of a 38-year-old woman in the Isle of Man? asks Carol Coulter, Legal Affairs Correspondent
Richard Benedict (Benny) Moore is a well-known figure in the town of Dingle. He was a fisherman most of his life, he had worked as a merchant seaman and for a time had also run a hotel and guesthouse in Dingle with his wife, who died 17 years ago.
He will be 79 next month, but is a strong, vigorous man, jovial and fond of company, known locally as a character. For many years he has been visiting the Isle of Man,where he has many friends, often accompanied by his daughter Mary Ferriter.
Last October 25th he headed off alone for an "Irish weekend" in Douglas. On the 29th, Mary received a call from him. "I'm in a spot of bother," he told her. "I've been charged with murder."
He had become friends on the island with a 38-year-old woman of South African origin. On the night of October 27th, they had been drinking together and she accompanied him to his hotel room.
During the night he heard her being sick, he was concerned about her and he called an ambulance, which came and brought her to hospital, but she died shortly afterwards.
The manager of the hotel, Ms Joan Baird, told a local newspaper later that a woman, who was not a resident, was taken ill in the hotel and later died, but that there was nothing suspicious.
Mr Moore was arrested following his call for the ambulance. In the police station he was charged with the woman's murder.
When his daughter asked why he had waited for two days before phoning them, he said he had been sure it was all a mistake and did not want to worry them.
Ms Ferriter rushed to the Isle of Man with her sister-in-law, Ms Catherine Moore. They were hugely relieved when the defence lawyer, who was the duty advocate, told them that the woman had died choking on her own vomit and that there had been no murder.
There is no automatic right to bail on the Isle of Man and Mr Moore did not receive bail at this hearing nor at a number of later hearings. He was held in custody for almost eight weeks.
His family commissioned an independent pathology report on the victim which was found to be favourable to his case. A further bail hearing was set for December 18th. However, for their father to be released on bail, the family had to find accommodation on the island which, given that he was being bailed on a murder charge, was difficult.
Eventually, a hostel agreed to take him and he was granted bail on condition that the police approved of the accommodation, that he sign on at the local police station three times a week and observe a 5.30 p.m. curfew, later modified to 8.30 p.m. and one signing-on a week.
Members of his family have been trying to visit him regularly, despite the fact that visits are gruelling and expensive. He also regularly sees some loyal friends on the island, which has sustained him.
Mr Moore has been refused bail to Ireland, despite an extradition agreement between Ireland and the Isle of Man - last year a Manx national charged with being an accessory to murder in Ireland was bailed back to the Isle of Man and then extradited for trial, where he was convicted.
His family is very disturbed at aspects of the investigation. Despite the seriousness of the charge, the Garda Síochána has not been contacted for information on him, either through Interpol or directly. Local gardaí in Dingle have not been asked for assistance or co-operation either.
As Mr Moore never was convicted of so much as a parking offence in Ireland, the family feels that such information on his background, had it been sought, would have helped his bail application.
At one of the bail hearings, the prosecuting authorities told the court they could not arrange a search of his house, as the European Convention on Mutual Assistance on Criminal Matters had not been extended by Ireland to the Isle of Man (discussions are ongoing with the Commonwealth Office on this).
Yet when Mr Moore's lawyer said the family had no objection to a search and even held the keys of the house to facilitate it, this was not availed of.
The family has sought the assistance of the Department of Foreign Affairs, which sent a consular official to see Mr Moore and, having seen his file, assured his family that there seemed to be no case against him. His relatives say they are confident this will be recognised when the case reaches committal stage.
However, they are deeply concerned that there is no sign of a full hearing of the charges against their father. The next hearing is fixed for March 4th, but they have been told not to expect the case to go ahead then, though it is almost six months since his arrest.
The prosecuting advocate in the Attorney General's office is Ms Linda Watts. Asked when the trial was likely to go ahead, she told The Irish Times she had no idea.
"There are so many variables," she said. The papers must first be served on the defence, but she could not say when this would be. Asked how long it normally took, she said this depended on the complexity of the case. She could not comment on the specifics of this case. She added that unlike in Britain, there was no strict timetable for the serving of papers and other stages in a trial.
However, she also said that the March 4th hearing could possibly be a committal hearing, depending on a number of variables, including the attitude of the defence. This would mean that a list of witnesses would be read out and, if the defence did not object, a date would be set for a hearing.
The Department of Foreign Affairs was unable to offer a commitment that a consular official would be present at the committal hearing. A spokesman for the Department told The Irish Times that it could not discuss individual cases.
When asked what was its policy regarding elderly and vulnerable Irish people charged with serious offences in other jurisdictions, the spokesman said: "Every case will turn on its own set of facts. Each mission takes into account a number of factors, like the nature of the charge, the general standards of the judicial process, remoteness, whether family and friends are attending, the quality of the legal representation, etc. Every request is viewed as sympathetically as possible."
Meanwhile, Mr Moore is becoming steadily more despondent. He is baffled by what has happened to him and, though members of his family visit him almost every weekend, at a cost of about €1,000 a trip, his spirits are getting lower, as he fears he will die before the case comes to trial.
His family fear greatly for his health and are distraught as they watch this once vigorous and spirited man sink into a decline, caught up in a legal nightmare away from home.