Overview:Measures to deal with problems arising from the illness of crucial witnesses in criminal trials are being considered by the Minister for Justice, Michael McDowell.
This follows the abandoning of the retrial yesterday of Dermot Laide for the manslaughter of Brian Murphy, who died during a fracas outside Club Anabel in Ballsbridge in August 2000.
When the case was called in Dublin Circuit Criminal Court, counsel for the DPP said he was entering a nolle prosequi, as there were "ongoing evidential difficulties" with the case that could not be overcome.
Judge Michael White registered the nolle prosequi and told Mr Laide he was free to go.
It later emerged that in a report for the DPP the State Pathologist, Dr Marie Cassidy, had said that the injuries sustained by Brian Murphy would not normally be expected to cause or even contribute to death.
"The information given to me was that he was not breathing when the ambulance men arrived and therefore alcohol-induced apnoea appeared a likely cause for the sudden deterioration in this man's state," her report said.
The former State pathologist, Prof John Harbison, carried out his last autopsy on January 4th, 2003, and retired later that month. He carried out the autopsy on Brian Murphy in 2000.
Mr McDowell said the State had been told "a few months ago" that Dr Harbison's ill-health would affect his ability to give evidence in cases where he had carried out examinations. "I believe that in recent months some concern was expressed. At the time, the DPP decided to have a number of cases in which he was involved expedited," Mr McDowell told The Irish Times.
Mr McDowell said yesterday he was reluctant to comment on the DPP's decision not to prosecute. However, he said he would hold talks with the DPP quickly to "see if there are ways in which we can preserve evidence in advance". The testimony of key State witnesses, such as the State Pathologist or fingerprint experts, had to be protected to ensure that it survived "random and unpredictable events", he added.