THE judge in the murder trial of Mr Frederick Flannery yesterday said it was "outrageous" that prosecuting gardai had failed to disclose certain documents described as crucial to the case.
He agreed to an uncontested defence application to adjourn the trial.
Mr Patrick MacEntee SC, defending, said he was concerned that a decision had been taken to "suppress" the documents "so as to lend a phoney credibility to the evidence of the witness in the box at the time."
He claimed the purpose was to prevent the defence from knowing the witness had given versions of events on a vital issue which were not consistent with the evidence the prosecution was leading.
Mr Kevin Haugh SC, prosecuting, said he had been told the failure to disclose all documents was due to human error, but this did not excuse it.
Granting the adjournment, Mr Justice Barr told the jury the failure to disclose had created "a grievous problem" and he could not recall, in all his years at the Bar and bench, a situation of such gravity as that caused by the performance of the prosecuting gardai.
"It is not just highly unsatisfactory but outrageous that prosecuting gardai should have to have documents literally dragged out of them." It would be unjust not to adjourn the trial in the remarkable circumstances that had arisen, the judge said. He hoped the matter would be investigated "at the highest level".
He said both prosecuting and, defence counsel had been misled and directed that the investigating gardai in the case take no further part in deciding what documents were relevant to it. He ordered that "every single document" be handed over to counsel.
The gardai had assured over and over that all relevant documents had been furnished, and yet it was coming out "like a drip-feed", the judge said.
The development came on the fifth day of the trial of Mr
(35), of no fixed abode, who has denied the murder of Denis Patrick O'Driscoll (33) at Wellington Terrace, off Grattan's Hill, Cork, between December 15th and 31st, 1994.
The State contends Mr Flannery murdered Mr O'Driscoll, dismembered his body and then disposed of it.
Mr Justice Barr yesterday agreed to have the trial adjourned until Tuesday so counsel could examine new statements and other documents just made available by gardai on Thursday and yesterday.
Mr Haugh said he had been assured all documents were now available to prosecution and defence.