The Catherine Nevin murder trial came to a dramatic halt yesterday when the trial judge was told the jury's deliberations could be overheard by the public.
After a delayed start to the afternoon sitting of the Central Criminal Court trial, Miss Justice Carroll told the six men and six women jurors they had been kept waiting because "it has come to my attention that your deliberations in the jury room could be overheard from the balcony.
"In those circumstances, I feel the only thing to do is to discharge you so that the secrecy of jury deliberations remains as it should be."
The trial of Ms Nevin (48), who pleaded not guilty to the murder of her husband, Mr Tom Nevin (54), on March 19th, 1996 in their home at Jack White's Inn, Ballinapark, near Brittas Bay, Co Wicklow, was in its ninth day.
The judge apologised to the jury and thanked them for hearing the case. She released them from jury service for five years. After a request from Mr Patrick MacEntee SC, defending, she also asked the jurors not to discuss the trial with anyone until the case has been finally disposed of.
"In particular, don't have any discussions with any member of the media," she said.
Mr Peter Charleton SC, for the DPP, asked that Ms Nevin be remanded to appear in court next Monday. As everyone was assembled, it was better "to move on with things as quickly as possible", he said.
He said it might be that legal matters which had been argued out before the trial opened could now be regarded as precedent for a retrial, although that might have to be argued before the new trial judge.
Miss Justice Carroll remanded Ms Nevin on continuing bail until she appears before a new jury panel next Monday in Court No 2 of the Central Criminal Court. A number of other murder trials are listed to begin next week, and it is not known yet when a retrial will proceed.
In addition to the charge of murder, Ms Nevin had also pleaded not guilty to soliciting three people to carry it out.
She denied that on various dates in or about 1989, she solicited Mr John Jones; that on various dates in or about 1990 she solicited Mr Gerry Heapes; and that on a date unknown in 1990 at St Vincent's Hospital, Dublin, she solicited Mr William McClean, to murder her husband.
As the trial entered its ninth day yesterday, cross-examination of a Garda witness, Det Garda Fergus O'Brien, continued through out the morning. But when the trial was set to resume at 2.15 p.m. the public gallery upstairs in Court No 3 was cleared, and a packed courtroom downstairs waited until 3.30 before counsel returned to their benches.
Ms Justice Carroll discharged the jury 15 minutes later. The courtroom had been packed for each day of the trial, and members of the public and potential witnesses had queued to enter the public gallery upstairs.
The courtroom in the Round Hall of the Four Courts is used for rape and murder trials in the Central Criminal Court. It has been in use as a jury court since the 1920s.
However, larger trials attracting significant public interest and attendance have in the past been regularly held in Court No 2 in the Round Hall, which although of the same size, is regarded as having better acoustics.
A wooden fire escape door from the jury room connects with the balcony upstairs. The balcony is not generally open for use, except during larger trials.
Ms Nevin was first arraigned for murder on January 12th but legal argument delayed the start of the trial until January 14th, when she was rearraigned on all counts on the indictment, including the murder charge.
She was arrested and charged with the murder of her husband Tom on April 14th, 1998. Granted bail by the High Court, she has been living in Dublin.