THE STATE is to apply for the transfer of the trial of former doctor Paschal Carmody from Co Clare to Dublin following Mr Carmody’s failure to stop a retrial from proceeding.
At Ennis Circuit Court yesterday, counsel for the State Stephen Coughlan confirmed that a High Court judicial review by Mr Carmody to stop a retrial failed last month.
In the judicial review, Mr Carmody (62) of Ballycuggeran, Killalloe, was challenging the Director of Public Prosecution’s decision to retry him on 11 outstanding deception charges.
At Ennis Circuit Court in July 2008, after a four-week trial, a jury found Mr Carmody not guilty on six charges and failed to reach a verdict on the remaining 11 charges.
The 11 outstanding charges relate to Mr Carmody facing charges of obtaining €30,854 by deception from three terminally ill patients who received “photodynamic therapy” (PDT) at the East Clinic in Killaloe in 2001-02.
Mr Carmody is facing seven deception charges totalling €9,610 in relation to Conor O’Sullivan (14), who died in November 2002.
Mr Carmody is also facing two outstanding charges in relation to €14,300 obtained from the family of Co Westmeath man JJ Gallagher, who died in September 2002.
Mr Carmody also faces two remaining charges of obtaining by deception €6,944 from John Sheridan of Kells, Co Kilkenny, who died in November 2002.
The investigation into the various complaints dates back to July 2004. During the trial, 49 witnesses gave evidence on behalf of the State, while 15 defence witnesses, including Mr Carmody, also gave evidence.
Mr Carmody has remained on bail since the trial ended in July 2008.
In court yesterday, Mr Coughlan said it had been agreed with Mr Carmody’s counsel, Catherine Staines, to adjourn the case to Limerick Circuit Court to next Monday to fix a date to hear a State application to transfer the trial to Dublin.
Judge Carroll Moran acceded to the request.
