A CIRCUIT Court judge has deferred making a final order directing that The Irish Times and the Irish Examinerpay the costs of the collapsed trial of former Clare GP Paschal Carmody.
Judge Donagh McDonagh has listed the case for mention on March 27th.
He has also allowed the newspapers an extra 24 days from March 6th to appeal the certificate of taxation from the county registrar, relating to the bills for costs sought by the DPP, the Courts Service and Dr Carmody,
At a hearing in Ennis, Co Clare, Andrew O'Rorke of Hayes Solicitors, for The Irish Times, and Daryll Broderick, representing the Irish Examiner, told the judge they do not agree with the order.
Both newspapers indicated they will appeal the final order to the High Court or seek a judicial review.
“You’re reserving your position, and I respect that,” Judge McDonagh said yesterday at the resumed hearing.
Judge McDonagh has also listed May 1st for the issue of a new trial date for Dr Carmody.
The trial of Dr Carmody in Ennis Circuit Court collapsed in April last year when both newspapers were found to be in “technical contempt of court”.
Dr Carmody had pleaded not guilty to nine charges of obtaining more than €16,000 by deception or under false pretences from the families of two terminally ill patients under the pretence that he could cure their cancer.
Judge McDonagh had found that articles published, including reporting of part of the proceedings conducted in the absence of the jury, presented a potential risk of Dr Carmody not getting a fair trial.
“I am acutely conscious that this is a very serious matter for all parties concerned,” Judge McDonagh said yesterday.
“It is a very serious matter for the newspapers. It is a very serious matter for Mr Carmody, who is seriously out of pocket,” the judge said.
