The jury in the trial of a Dublin man accused of murdering his wife was today discharged.
Mr Justice Barry White, sitting at the Central Criminal Court said it was unfortunate that the case against Brian Kearney could not start, but it was inappropriate for it to continue.
Mr Kearney (50), Carnroe, Knocknashee, Goatstown, Dublin, has pleaded not guilty to murdering Siobhan Kearney (38) on February 28 th, 2006.
The body of Ms Kearney (38), a mother of one, was found at their house in Goatstown on Mr Kearney's 49th birthday.
She had been strangled with the flex of a vacuum cleaner and her body had been locked into the bedroom of the house. Her three-year-old son Dan was found in the house as his mother lay dead upstairs.
Prior to the commencement of the trial this morning, a request was made for one member of the jury to formally retire. The foreman of the jury told the court that one of the jurors worked at the alarm company for the last 18 months that fitted an alarm on the Kearney house 10 years ago.
He said although the company has ceased servicing the alarm, the company had been contacted by gardai investigating Mrs Kearney's death.
After a short adjournment, Mr Justice White said having discussed the case with lawyers for the defence and prosecution, he came to the conclusion in was inappropriate for that particular member of the jury to serve on the case.
He said although the case could proceed with as little as 10 jurors, concerns had been expressed in relation to the matter.
"The most appropriate thing I should do is discharge you as a jury in this case and put the matter back for next Monday when a fresh jury will in sworn for the trial," he said.
The judge told the jury of seven men and five women they could present themselves for jury service on Monday, but they could not be guaranteed to be chosen.
The discharge is the second delay to hit the Kearney case. On Monday, Mr Justice White adjourned proceedings to begin today after problems with the book of evidence were highlighted by Patrick Gageby, Senior Counsel for Mr Kearney. Denis Vaughan Buckley SC is presenting the case for the prosecution.
The trial is expected to last up to five weeks.