THE TRIAL of Mr Pat Gillane, who is charged with soliciting two men during January, 1994, to murder his wife, Philomena, was transferred yesterday from Galway to Dublin.
Judge Raymond Groarke, sitting in Galway Circuit Criminal Court, made the order following an application by counsel for Mr Gillane, of Glenbrack, Gort, Co Galway, who denies the charge.
Mrs Gillane's body was found in the boot of her car at Athlone railway station in May, 1994. She was seven months' pregnant and had been shot and stabbed.
Among the grounds cited for a transfer were the circumstances of the death of Mrs Nonie Gordon, the mother of Philomena Gillane, who collapsed in court after the opening of the trial last week, and the subsequent "massive media attention and emotion".
Mr Gillane's counsel, Mr Patrick MacEntee SC, said that the incident had been widely publicised in the local media, including on radio, and had been "discussed infinitum in the Galway area". In addition, there was "rumour, innuendo and prejudgment" about the circumstances of the case against a background of "unparalleled media attention" locally and nationally. This, counsel submitted, meant that it was no longer possible for Mr Gillane to have a fair trial, or to be seen to have had a fair trial, in Galway.
Mr MacEntee said that a transfer was required on the basis of the "manifest injustice" which could result for his client.
Ms Breege Curran, a solicitor from Colman Sherry and Co, for Mr Gillane, gave evidence about coverage of the trial and told the court what was being said locally about the case. She referred to coverage on radio, both locally and nationally, and handed copies of local newspapers to the judge, who said that, because of the nature of the application, he was not interested in the national coverage nor in the in depth tabloid coverage. The "threshold has been clearly passed", warranting the transfer of the case.
Mr Henry O Bourke, prosecuting, said that the view of the Director of Public Prosecutions was, that it was a matter for the judge, to determine. He acknowledged, that the Supreme Court had accepted that in some instances it, was not possible to wipe from the minds of a jury panel all of the pre-trial publicity. He noted that the media were entitled to report proceedings in open court.
Judge Groarke said that in the past it had been possible to have a trial transferred after a simple request to do so. More recent legislation stipulated that he had to be satisfied that it would be, or might be, manifestly unjust not to transfer the case.
While he was not satisfied that the matters referred to by Mr Gillane's legal representatives would result in an injustice if the trial went ahead in Galway, justice had also to be seen to be "done. On that basis, he found that there was a risk of manifest injustice and sufficient grounds existed to transfer the case.
Mr Gillane has been remanded on continuing bail pending transfer of the case to Dublin Circuit Criminal Court.