The case against a Dingle fisherman charged with manslaughter on the Isle of Man was dismissed yesterday, 11 months after he was first charged.
Family members burst into tears when High Bailiff Mr Michael Moyle, who presides over the lower committal court in the Isle of Man, told Mr Richard Benedict (Benny) Moore: "The prosecution case relies too heavily on speculation and guesswork. A jury, properly instructed, could not convict. You are free to go."
Mr Moore (79) was first charged with the murder of Ms Maureen Fox (38) in October last year. She died in his hotel room on the night of October 27th.
In March the charge was reduced to manslaughter.
Earlier this month at a pre-trial committal hearing Mr Moyle had heard evidence from three pathologists about the death of Ms Fox. He summarised their evidence yesterday.
The first to examine her following her death was Dr Brian Rogers, who said she died from "traumatic asphyxia and acute alcohol intoxication". Mr Moyle recalled that under examination Dr Rogers had agreed that her death could have been due to "positional asphyxia".
This was also one of the causes of death, along with acute alcohol intoxication, given by a second prosecution pathologist, Dr Vesna Djurovic, from London.
The third pathologist, Dr Richard Shepherd, gave evidence that Ms Fox died from acute alcohol intoxication, and from inhalation of vomit, Mr Moyle said.
"If it was a question of two or three pathologists disagreeing, then that would be a matter for the jury to determine," he said. But that was not the case.
"Ms Watts (the prosecuting advocate) says that there is a chain of facts that could lead a jury to a conclusion of guilt."
He said that, according to the prosecution, Ms Fox was unable to consent to sexual activity because of the amount of alcohol in her system. She was therefore the victim of an indecent assault, and, because of her position, traumatic asphyxia occurred.
However, he added: "Dr Shepherd discounted any evidence of asphyxia. Is the prosecution chain so strong that a jury, properly directed, could convict?"
While the jury would probably have little difficulty in accepting that Ms Fox consumed a large amount of alcohol, they were likely to have some difficulty in accepting that she suffered an indecent assault and in this position met her death, he said.
There was no evidence from the pathologists that a third party had been involved.
Mr Moore said he was delighted with the outcome, and his daughter, Ms Mary Ferriter, said: "No words can describe how we feel. It's 11 months and a day. We will now try to regain a bit of normality in our lives."
Counsel for Mr Moore, Ms Pamela Pringle and Ms Louise Byrne, said: "Mr Moore and his family hope this day also will help the family of Miss Fox to come to terms with their loss in the knowledge that Miss Fox's early demise was not brought about by foul play."