Compensation order in Carmody case adjourned

THE ISSUE of the award of compensation arising out of a contempt of court ruling and the collapsed trial of medical practitioner…

THE ISSUE of the award of compensation arising out of a contempt of court ruling and the collapsed trial of medical practitioner Paschal Carmody was yesterday adjourned to the Criminal Courts of Justice building in Dublin next Friday.

A hearing at Ennis Circuit Court yesterday was told that Mr Carmody wanted a retrial as early as possible.

However Judge Donagh McDonagh said: “The determination of the issue of costs has to be done before the new trial should take place.”

He adjourned the proceedings to next Friday, where he said that he will make his final orders on the costs, including a compensation order relating to the contempt of court.

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In the case, The Irish Times and the Irish Examiner are facing a potential bill of over €540,000 arising from the collapsed trial.

Solicitor for The Irish Times Andrew O’Rorke confirmed that the newspapers were to appeal Judge Donagh McDonagh’s overall ruling finding the newspapers in contempt of court and ordering that they foot the bill for the trial.

Mr O’Rorke said this would be done by way of an application for judicial review.

Counsel for Mr Carmody, Lorcan Staines, told the court yesterday that Clare county registrar, Pat Wallace, had made a “very, very full judgment” on the quantum of costs.

This finding is being appealed by the newspapers.

Mr Staines also said that Mr Carmody was seeking a new trial “as soon as possible”.

Counsel for the State, Stephen Coughlan, said that the State was withdrawing its motion to transfer the trial to Dublin

However, he said the State was anxious that the trial take place within the southwestern circuit in Limerick or Kerry.

Mr Staines said: “My instructions at the moment is that Mr Carmody wants the trial to take place in Ennis.”

Gordon Deegan

Gordon Deegan

Gordon Deegan is a contributor to The Irish Times