A murder trial in the central Criminal Court was aborted and a jury discharged yesterday when Mr Justice Patrick Smith was faced with two conflicting orders from the District Court, one returning a youth for trial for murder, and the other discharging him for the same offence.
The case of 19-year-old Mr Richard Kearney, of Finglas Place, Finglas, who has denied the murder of an elderly widow at the Finglas end of Beneavin Road in November 1998, has now been put back to the next court list to fix dates on July 28th, and the original District Court judge is to be asked to re-examine his orders.
Mr Denis Vaughan Buckley SC, for the prosecution had, blamed a clerical error for the conflicting orders. Ruling on an application by Mr Barry White SC, for the defence, Mr Justice Smith said he was not prepared to proceed with the trial.