The trial of a man charged with the murder of a father of one whose body was recovered from a river in Co Cork has collapsed after the jury was discharged following a legal issue regarding the presumption of innocence arising in the case.
Ciprian Grozavu (44), a Romanian national, had pleaded not guilty at the Central Criminal Court sitting in Cork to the murder of Jonathan Duke (27) at Bridge House, Sean Hales Place, Bandon, on November 12th, 2011.
The case was due to resume on Tuesday morning for a second day before a jury of eight men and three women. However, before it did, defence counsel Seamus Clarke SC made an application to Ms Justice Tara Burns regarding an issue that had arisen.
Recalling the jury, Ms Justice Burns said that as “the judge of law” in the case, she had to ensure that it was correctly applied.
She said the presumption of innocence was a fundamental issue for any defendant and everyone was entitled to that presumption and it was unfortunate that issues had arisen that would infringe on that presumption of innocence to which Mr Grozavu was entitled.
Ms Justice Burns told the jury she was discharging them and thanked them and the witnesses who had come to court for their service.
She said the trial was being adjourned and the whole process would be dealt with at another stage.
