Ex-doctor could face retrial on cancer treatment charges
Former doctor Paschal Carmody could face a possible retrial after a jury failed yesterday to agree a verdict on 11 of the 25 'deception' charges against him.
After six and a half hours of deliberation, the jury foreman at Ennis Circuit Court yesterday told the court that they found Mr Carmody not guilty in relation to six charges and couldn't agree a verdict on the remaining 11.
Judge Rory McCabe had already directed the jury to return a 'not guilty' verdict in relation to eight charges.
The case where Mr Carmody (60) of Ballycuggeran, Killaloe, Co Clare, denies obtaining money by falsely pretending that he would cure six terminally ill cancer patients through Photodynamic Therapy (PDT) treatment has now been adjourned for mention on September 29.
The outstanding 11 charges relate to a total of €30,854 obtained from three patients.
Speaking outside Ennis courthouse last night, one of the lead investigators in the case, Det Garda Philip Ryan of the Garda National Criminal Bureau of Investigation, said that he was "disappointed" with the outcome and that what happens with the remaining charges "is in the hands of the Director of Public Prosecutions (DPP) at this stage".
Leaving the courthouse through the back entrance more than an hour after the outcome of the 20-day case, Mr Carmody said "no thank you" when asked by reporters to comment.
A friend of Mr Carmody who testified on his behalf, a member of Clare County Council and former Clare mayor, Flan Garvey, spoke to the Kerry native in the courthouse after the ending of the case and said: "Paschal said that the outcome 'is a victory for no one'. He was there with his wife, Frieda, son Michael and two brothers and two sisters and they are all so relieved".
The families of the three deceased cancer patients, JJ Gallagher of Kingswood, Mullingar, Co Westmeath, John Sheridan of Kells, Co Kilkenny, and 14-year-old Conor O'Sullivan of Granite Lodge, Gorey, Co Wexford, all declined to comment and JJ Gallagher's widow, Bernie emerged from the courthouse upset, comforted by her son, Tecwyn.
Mr Carmody was cleared yesterday of obtaining by deception €10,736 from the late JJ Gallagher and John Sheridan of Kells, Co Kilkenny, while the jury could not agree on any of the charges relating to Conor O'Sullivan.
Individually, Mr Carmody was cleared of obtaining by deception €1,286 from JJ Gallagher and the jury could not agree on two further charges relating to €14,300.
Mr Carmody was cleared of obtaining €9,450 by deception from John Sheridan while the jury could not agree on two charges relating to €6,944.
The jury could not agree on any of the seven 'deception' charges totalling €9,610 in relation the late Conor O'Sullivan.
The jury had stayed overnight at a hotel on Wednesday and resumed their deliberations at 10.40am yesterday.
At 3.45pm, Judge McCabe directed that the jury could reach a 10-1 majority verdict in relation to some of the charges after the jury had reached a unanimous verdict in relation to some of the charges and not on others.
At 4.45pm, Judge McCabe recalled the jury and the foreman told the court that they still could not agree a majority verdict on a number of charges and Judge McCabe directed that they could disagree on the charges where there is no prospect of reaching a decision.
At 5.25pm yesterday, the jury foreman told Judge McCabe that in relation to 11 charges, "we have discussed it at length and there is no prospect of us agreeing a verdict on those charges".
The investigation dates back to July 2004 and during the trial, 49 witnesses gave evidence on behalf of the State, while 15 defence witnesses, including Mr Carmody gave evidence.
- Gordon Deegan
