The trial of an alleged drugsdealer accused of murder went ahead in the Central Criminal Court yesterday after an application on behalf of the DPP to dismiss the jury was refused.
Last week the jurors expressed concern for their safety and security after the trial was over. Mr Justice Quirke said that after "careful consideration", the trial would proceed.
Mr Joseph Delaney (54), formerly of La Rochelle, Naas, Co Kildare, has pleaded not guilty to the murder of Mr Mark Dwyer (23) on or about December 14th, 1996, and to imprisoning him at Foster Terrace, Ballybough, Dublin, on December 14th, 1996. The prosecution alleges that Mr Delaney murdered Mr Dwyer over the theft of 30-40,000 ecstasy tablets.
Mr Justice Quirke said as long as adequate security measures were provided for the jury, the trial could proceed. He was conscious of the Supreme Court view that a jury should not be discharged lightly and that there should be compelling reasons to do so. Despite the likely duration of the trial, the nature of the crimes alleged and the risk of other jurors falling ill, the judge was satisfied it could proceed with 11 jurors. A juror last week who knew a prosecution witness indirectly was discharged.
Continuing with cross-examination, Mr Blaise O'Carroll SC asked prosecution witness Mr Christopher Curry about statements made by him while in custody.
"At the end of the day Joe murdered Mark Dwyer," Mr Curry said. "He asked me to help him kidnap him and kill him. Mark Dwyer had resurfaced and they knew where to find him and he was asked to come along and give us a hand as it was all set up." The proceedings were postponed in the afternoon after a bomb scare forced the court to be evacuated.