Trial for ex-doctor accused of defrauding patients
Published 23/01/2010 | 05:00
THE High Court has cleared the way for a former doctor to be tried on charges of defrauding a number of terminally ill cancer patients.
Mr Justice John Hedigan yesterday rejected claims by Pascal Carmody (61), with an address at Ballycuggaran, Killaloe, Co Clare, that there had been a delay by the DPP in bringing the charges against him.
The judge held there was "no delay capable of giving rise to an unfair trial".
He also dismissed the claim that Mr Carmody's right to a fair trial has been prejudiced by the unavailability of a witness, a former patient who has died.
Mr Carmody is facing charges of obtaining money from terminally ill cancer patients and their families by deception at the East Clinic in Killaloe between 2001 and 2002.
A complaint was made to gardai in early 2004 and an investigation started in July that year.
He previously went on trial in June 2008 at Ennis Circuit Court, where the jury returned not guilty verdicts on six of 17 charges before them and could not agree a verdict on the 11 remaining charges.
In December 2008, the DPP said he intended to have Mr Carmody re-tried on the other 11 charges.