The judge in the trial of former Co Clare doctor Paschal Carmody today told the jury that he will be directing that they return a not guilty verdict on eight of the 25 charges of deception under consideration.
Judge Rory McCabe told the Ennis Circuit Court jury at the trial of Mr Carmody (60) of Ballycuggeran, Killaloe that there was insufficient evidence in relation to three of the six deceased cancer patients to put before them for decision.
Judge McCabe also directed that another charge be withdrawn from the jury.
In total, Mr Carmody was charged with obtaining €39,062 by deception in the eight charges. He allegedly told the patients between September and March 2002that they would be cured of cancer.
Judge McCabe said that the remaining 18 charges stand relating to two deceased patients: John Sheridan, JJ Gallagher of Kingswood, Mullingar, Co Westmeath and Master Conor O'Sullivan of Granite Lodge, Co Wexford.
The sums involved total over €40,000.
Mr Carmody has pleaded not guilty to all the charges.
Judge McCabe told the jury of his ruling after legal argument at the end of the State's case today.
After Judge McCabe made his ruling, Mr Carmody entered the witness box and told the jury that the treatment he provided to cancer patients showed "a number of striking results, way beyond the laws of chance".
Mr Carmody denied that the laser treatment he gave to patients was bogus, saying that he used the same treatment numerous times on his own brother, Peter who was diagnosed with cancer in 1992 but lived for another 14 years.
Mr Carmody said that he was surprised at the results of the treatment on his brother, stating that Peter's own oncologist described him as his 'miracle patient' and was the only one of 28 of the oncologist's patients to survive beyond three years with the particular illness.
Mr Carmody told the court that two years ago, his brother believed that he was clear after hospital tests and he stopped all treatments he was receiving and he developed pancreatic cancer and he died soon after.
Asked by his counsel, Pat Marrinan SC was he able to identify what was at play in his treatment of cancer patients, Mr Carmody said that he adopted a triple approach, but with PDT treatment, the results definitely improved.
Mr Carmody said that the first cancer patient that came to him said that he had only one month to live and he wanted two. He said that he put the man on an extensive programme of PDT, immunotherapy and hypertherapy.
Mr Carmody said that the man was soon able "to play golf, he was pain free and was able to lead a happy normal life". Mr Carmody said that the man survived for another two years.
The trial continues tomorrow.