An attempt by the prosecution on Friday to revoke Joe O'Reilly's bail and keep him in custody until the jury had finished their deliberations was rejected by the judge. The court also heard Mr O'Reilly told gardaí he would kill himself if he was found guilty.
At the end of Mr Justice Barry White's charge on Friday afternoon, the jury was sent out to consider their verdict.
The judge then heard requisitions from both the defence and the prosecution in relation to aspects of the case they wanted him to highlight.
The judge then recalled the jury and directed them as he saw fit. After the jury retired for the second time, Supt Joseph Kelly gave evidence of his belief that Mr O'Reilly may flee the country before the jury had reached their verdict.
He told prosecuting counsel Denis Vaughan Buckley that Mr O'Reilly was granted bail at the time he was charged and had abided by the terms of its conditions. He said the reason he fears Mr O'Reilly would flee is that he had: "information that the children are presently out of the country". He added: "They're living in Derry at the moment and it's my concern that he may not stick around until the deliberations of the jury has been terminated."
"There have been a number of comments made by Nikki Pelley [ the woman with whom Mr O'Reilly was having an affair] in interview in relation to the children." He said, "there's no doubt" that Joe O'Reilly made a major issue of the custody of the children when discussing these issues with her.
"There was another statement made by the accused when he was in custody which said that he would commit suicide if he was convicted." However, the judge ruled against this and said: "there's a bail regime in place and it will remain in place." He noted that Mr O'Reilly's mother had been present throughout the trial, as had Mr O'Reilly himself and his brother for a large portion of it.
Later defence counsel Patrick Gageby told the judge that the O'Reilly children were not out of the jurisdiction.