The State's accidental failure to disclose relevant documents led to a High Court judge's decision today to discharge the jury heralding an action by a woman who claimed she was assaulted by Gardai during the Reclaim the Streets march in Dublin city centre four years ago.
Annette Ryan (39) of Rathgar Avenue, Rathgar, Dublin had sued the Garda Commissioner, Ireland and the Attorney General for damages after she claimed she was severely assaulted by gardai during the march in Dublin on May 6th 2002. She also claimed she was forced to strip naked when she was brought to a Garda station.
Ms Ryan, a mother of one, also alleged that she was wrongfully forcibly arrested and wrongully charged with offences under the Criminal Justice Public Order Act. Those charges were later dropped.
The case opened on Thursday before Ms Justcie Elizabeth Dunne and the jury.
However, when it resumed today, there was legal argument from Ms Ryan's counsel Mr Michael O'Higgins SC, and counsel for the state Mr Conor Maguire SC. After hearing from both sides, Ms Justice Dunne discharged the jury of seven men and five women.
The judge told them she was taking this action because the State had "inadvertently omitted" to give Ms Ryan's legal team certain documents which they had requested prior to the opening of the case on Thursday. That should have been done, she said.
While she fully accepted that this failure was by accident, the judge said the particular documents could have had an effect on the outcome of the case.
The only way to ensure that the matter be heard in a fair manner was to start all over again in front of a different jury, she said. Ms Justice Dunne adjourned the matter and also reserved the issue of costs.