Murder trial goes on in Harbison's absence

The unavailability of former State pathologist Prof John Harbison will not create any difficulties in the trial of a man accused…

The unavailability of former State pathologist Prof John Harbison will not create any difficulties in the trial of a man accused of murdering his wife 10 years ago, the Central Criminal Court has been told.

Prof Harbison, who has been ill for several months, was due to give evidence at the trial of John Diver (65), Kilnamanagh Road, Walkinstown, Dublin, who denies murdering his wife Geraldine (42) at Robinhood Road, Clondalkin, on December 2nd, 1996.

At the Central Criminal Court yesterday Edward Comyn SC, prosecuting, said that the professor had carried out a postmortem on the woman in December 1996.

As he was unable to attend court in person, his report into the cause of Ms Diver's death would be read out to the jury.

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"It [ the report] will say that Mrs Diver died as a result of asphyxia due to strangulation," said Mr Comyn.

In response, Brendan Grehan SC, defending, said the professor's absence "would not create a difficulty" and the report could be put to the jury "at an appropriate time".

Mr Comyn said that shortly before Ms Diver's death, the couple's marriage "was on the rocks" and a "separation was imminent".

Mr Diver he said was "a man under threat, because his wife was going off with a younger man".

The trial continues today.