The trial of two Cork men accused of murdering another man shot in the chest in 2002 has collapsed at the Central Criminal Court after a witness said he had complete memory loss for an 18-month period in his life.
Thomas Morey had been described as a key witness for the prosecution in the trial of Cecil Lynch (26), St Declan's Road, Gurranabraher, and Jerry Ross (27), St Philomena's Road, Gurranabraher, who both denied murdering John Butler on October 7th, 2002 at Gurranabraher Road.
At the trial's conclusion Mr Justice Philip O'Sullivan directed the jury to enter a verdict of "not guilty" for each of the accused.
He told them he had been dealing with an application from the defence over the past two days and had agreed there was no sufficient case to go before the jury.
"While you have not been in court during the last day and also today I have been dealing with an application on behalf of the defence to the effect that they say there is no sufficient case that can be safely permitted to go to the jury," said Mr Justice O'Sullivan.
"There is very specific law regarding what is known as circumstantial evidence and how far that can be taken and how I would have to direct you to treat evidence. I have now agreed there is no sufficient case."
He told them they would recall that one witness, Mr Morey, "had a complete loss of memory for an 18 month period in his life". The prosecution had said Mr Morey's evidence was crucial.
The judge said he had considered his ruling very carefully overnight and had applied the law. "I have concluded there is no proper case to be entrusted to you," he said. He thanked the jury for their time and directed they be free from further service for another seven years. He said the two accused could be discharged from the indictment.
Patrick J McCarthy, prosecuting, asked the judge to direct that a transcript of the court proceedings be given to gardaí in light of Mr Morey's evidence.
During the trial Thomas Morey, originally from Gerald Griffin Street in Cork told Mr McCarthy SC he had not given his address in open court: "For my own protection." But he denied he was not telling the truth and that he was under any "pressure from the Lynchs".
During the trial Mr Morey showed Mr McCarthy a letter from his doctor, which showed he had a medical condition dating back to November 2003. He said he was on medication for this for six months and when he came off it he could not remember anything.