THE Albert Reynolds libel case in the High Court in London was adjourned yesterday when a second juror became ill.
Mr Reynolds is suing the Sunday Times for an article which appeared in the newspaper on November 20th, 1994 under the heading "Goodbye, Gombeen Man." Published only in the paper's British editions, it said: "How a fib too far proved fatal for Ireland's peacemaker and Mr Fixit."
When the trial resumed yesterday morning Mr Justice French told counsel for both sides that a member of the jury had been taken ill with a "moderately acute" stomach upset. He was being attended by the emergency medical service in the courts, and had been given medication to settle his stomach which would take about an hour to work. At that time they could consider whether to continue with 10 jurors.
Last week another juror was discharged following a diabetic attack. He was not expected to recover for five days and, with the agreement of the two sides in the case, he was discharged.
Counsel continued with legal argument in the absence of the jury for just under an hour.
Mr Justice French got fort her news about the juror, and told counsel that the man, who was elderly, had been advised to go home.
The judge was considering the written "skeletons", or main headings of the cases being put by the two sides yesterday afternoon.
If the juror is well enough to continue, the final part of the Sunday Times's evidence, some three hours of video-recording of the hearings of the Dail sub-committee on the fall of the government, will be heard today. This includes the evidence former Attorney General, Mr Harry Whelehan, gave to the sub-committee.
If the juror is still ill, the court will hear legal arguments today and tomorrow. The jury was not due to sit tomorrow, as one of them has had a bereavement and the funeral is tomorrow. They could then hear the rest of the Sunday Times evidence on Friday.
If the juror has failed to recover by then, the trial could continue with 10 jurors - or even fewer - by agreement between the two sides. It has been known for such cases to continue with as few as seven jurors, and neither side is willing to abandon the case at this stage and start afresh in front of a new jury.
The case is now expected to continue well into next week.