THE DPP is to be consulted about a case in Kerry last week which saw two jurors question the conviction of a man for a serious assault after the trial had ended.
Sentencing in the case was adjourned on Friday after the two jurors contacted a solicitor and the Courts Service expressing concern that they may have had a different understanding to the court of the alleged offence over which they had been deliberating.
On Wednesday, the second day of the trial, after deliberating for less than an hour and a half, the jury of 10 men and two women jury unanimously found David Doody, An Caisleán Mór, Castleisland, Co Kerry, guilty of the charge of assault causing serious harm to his 38-year-old brother, John Doody, at Desmond's Avenue, Castleisland in the early hours of January 8th, 2006.
However, they found him not guilty of a second charge of producing a knife in the course of a dispute. The accused had denied both charges.
John Doody (38) had been found with a stab wound through his stomach and spent 10 days in hospital. David Doody was "adamant" he used no implement other than his hands in the course of a fight between the brothers. No knife had been found.
On Friday at the sentencing hearing, prosecuting counsel Tom Rice told Judge Carroll Moran two jurors had contacted court authorities after seeing a headline in a local newspaper which alluded to stabbing.
A juror's wife who worked as a legal secretary contacted the county registrar's office on Thursday to say her husband "didn't feel the man had been convicted of a stabbing," Mr Rice said. A second juror made contact on Friday to outline his concerns.
However, Mr Rice, who referred to previous case law, told the court the DPP was opposed to any investigation into what was a validly recorded verdict.
Judge Carroll Moran adjourned the case to May 9th. Legal sources in Kerry said the matter was likely to be referred to the DPP.