The trial of a 24-year-old woman for careless driving causing death has dramatically collapsed after the jury received a prosecution exhibit document, part of which they should not have seen.
On Thursday afternoon, Judge Thomas O'Donnell, at the Circuit Criminal Court in Tralee, Co Kerry, recalled the jury of five men and seven women. He apologised to them, but said he had no choice but to discharge them after an application by the defence.
Sarah O'Connell, of Sean Moylan Park, Mallow, Co Cork had pleaded not guilty to the charge of careless driving causing the death of Caitlin Taylor (14), of Gouldshill, Mallow at Knockeenahone, Scartaglen on June 15th, 2014. Ms Taylor was a passenger in the car Ms O'Connell, her friend, had been driving.
The judge had charged the jury on Thursday morning, and the 12 were handed the exhibits in the case, including a memo of a garda interview with the accused.
After lunch, but before restarting deliberations, the foreman of the jury asked the judge about the memo, parts of which had been scribbled out.
The jurors were sent to their room, and after consultation between the legal teams, Mark Nichols SC, for the defence, applied for a discharge of the jury.
The judge recalled the jury and told them it had been agreed a section of the memo should go out and the jurors had been given the edited document. Unfortunately, the scribbled on or unedited document had also been included in the exhibits.
He thanked them and excused them from jury service for a period of five years, before formally discharging them.
The matter was put back to January 15th next year to fix a date for a new trial. Ms O’ Connell was remanded on continuing bail.