The trial of an elderly Kerry farmer accused of the murder of his brother in 1996 was adjourned yesterday just as it was about to begin. Counsel for the State sought the adjournment after it became clear the trial was likely to go over the end of the court term and into August, when several jury members had pre-booked holidays.
When he was arraigned at the Central Criminal Court in Dublin last Monday, Mr Sean Daly (72), of Dooneen, Kilcummin, Killarney, Co Kerry, pleaded not guilty to unlawfully killing Mr Patrick Daly (69), with intent to kill or cause serious injury, on or about January 18th, 1996, at the same address. A jury of eight women and four men was sworn in to hear the case.
Mr Patrick Daly's body was found at the bottom of a disused well on his land in January 1996 after neighbours alerted gardai to his disappearance.
Sixty witnesses were due to give evidence and 92 exhibits were listed for the trial, which was originally due to begin on June 29th. During a half-hour discussion between Mr Gregory Murphy SC for the prosecution, Mr Patrick MacEntee SC, defending, and Mr Justice Shanley, Mr MacEntee said his client had indicated that he wished the trial to proceed.
However, after it became clear that this was not practicable, Mr Murphy said that in the circumstances, he would apply for an adjournment, which the judge acceded to. Mr Justice Shanley told the jury that the best estimate for the trial's length was two weeks, but there was a risk that it would go on longer than that.
He had information that one of the jurors had booked a holiday for July 25th, and that another three had holidays planned for the first fortnight in August. Mr Justice Shanley also had concerns about his own availability.
In fairness to the jury, he said, the trial should not go on. This was "an unfortunate position", but nonetheless, it seemed the most practical. He discharged them from the trial but asked them to return for further jury service next Monday.
Mr Daly's case was adjourned to the next list to fix dates on July 30th, but counsel were also given leave to make a special application to the judge in charge of the list to fix a trial date as soon as possible.
The next term in the Four Courts, the Michaelmas term, does not begin until October.