A JURY was told yesterday that Paschal Carmody was a caring doctor who gave phenomenal service to patients and did so in circumstances where money did not appear to the motivating factor.
In his closing speech at Ennis Circuit Court yesterday, Pat Marrinan, counsel for Mr Carmody, said that "fraud is what this case is about. It is about Mr Carmody being a con man in his activities with the three patients that he dealt with and taking advantage of them."
Mr Marrinan said that if the jury had a reasonable doubt that Mr Carmody was a fraudster, then the correct verdict was not guilty on all counts.
Mr Marrinan cited the evidence of Killaloe man Tony Rodgers, where it was heard that Mr Carmody provided hospice care for Mr Rodgers's mother at her home and went beyond the call of duty when he visited the home twice a day and refused money for his work.
Mr Marrinan said: "Is that evidence that Paschal Carmody is a greedy man? Doesn't care for patients? Takes advantage of patients in vulnerable circumstances and extorts money from them? Is that evidence that Paschal Carmody is a con man? I believe it is to the contrary."
Mr Carmody (60), of Ballycuggeran, Killaloe, denies 25 charges of obtaining €80,172 from six terminally ill cancer patients and their families by deception between September 2001 and October 2002.
Judge Rory McCabe has told the jury he will be directing they return a not-guilty verdict on eight of the charges relating to three of the patients, totalling over €40,000.
Mr Marrinan told the jury: "Paschal Carmody didn't kill these patients, cancer did." Mr Marrinan advised the jury in their deliberations and decision not to leave "circumstances where you will have a niggling, nagging, lurking doubt over your decision".
Mr Marrinan pointed out that all three complainants in the case had all previously misinterpreted words from their hospital consultants that they had got the all-clear before they eventually went to Mr Carmody.
Mr Marrinan said that the three cases before the court represent about 3 per cent of the 90 files that were investigated by gardaí.
Mr Marrinan said that Mr Carmody treated 150 photodynamic therapy treatment patients where 90 files were investigated. Complaints were made by 11, with prosecutions brought in six.
In his closing speech, Denis Vaughan Buckley SC said that there was ample evidence to convict Mr Carmody in relation to the experimental treatment given to the three patients.
Mr Vaughan Buckley submitted that on the evidence of the families and the other medical experts who were witnesses for the prosecution, the accused was guilty.
However, he said, if on the evidence the jury was satisfied that Mr Carmody did not make a promise to cure these patients of cancer, they had to acquit him.
Judge McCabe is expected to make his charge to the jury and yesterday advised them to bring an overnight bag as he expected them to retire to consider their verdict later today.
