The jury in Circuit Criminal Court has been discharged because one of its members was approached by a well-known Dublin criminal.
Sergeant James Judge told the court he saw Martin "The Viper" Foley wink at and exchange words with a male member of the jury in the court lobby.
Sgt Judge approached them and told the man "You are a juror".
The juror moved on and Foley replied: "Not any more".
The juror told Judge Micheal White he knew Foley's daughter and knew Foley to see but was not acquainted with him. He said Foley had asked him what he was doing there.
Judge White discharged the juror and told the rest of the jury he had no option but to discharge them as one of them had been approached by a member of the public.
The jury foreman told Judge White that a separate entrance should be available for the jury rather than having them file through the court lobby if a case and all the work involved could collapse because a juror is caught unawares by an approach from a member of the public.
Judge White thanked the foreman for his suggestion and said in light of this case he would make sure that was the situation from now on.
It was the day-two of the trial of Mr Kenneth O'Callaghan (28), Palmerstown Avenue, Rathmines who had pleaded not guilty to assault causing harm to Garda Colm Gallagher on James St on May 9th, 2001.
The garda got an eye infection after the accused allegedly spat blood in his face.