THE trial of two Dublin men charged with the murder of a Co Tipperary farmer collapsed dramatically at the Central Criminal Court yesterday following publication of photographs in two newspapers.
Mrs Just ice McGuinness discharged the jury in the trial of Mr Ivor Sweetman (46), of Bawnlea Green, Jobstown, Tallaght and Mr Francis Palmer (26), of Foxborough Road, Lucan, ,who had denied the murder of 71-year-old Danny Fanning at his home at Rosegreen, Cashel, Co Tipperary on February 6th last year.
Mrs Justice McGuinness also criticised as "undesirable" the publishing of photographs of accused persons unless and until they were convicted.
The law is that all accused persons are presumed innocent, she said. "That is the clear law of the country and is a very important law."
The trial had heard that Mr Fanning died from shock ,and haemorrhage after he was shot in the leg during a raid by armed and masked men on his home. His wife ,and daughter were tied up in the incident.
At the start of the second day of the, trial yesterday, Mr Barry White SC, for Mr Sweetman, applied for the jury to be discharged, because of the publication of prejudicial photographs in The Irish Times and Star newspapers. His application was supported by Mr Anthony Sammon SC, for Mr Palmer.
The application was not opposed by prosecuting counsel Mr Kenneth Mills SC. Mrs Justice McGuinness told the jury, she was consenting to the application.
She said The Irish Times had published a series of photographs, and the Star had published one photograph of an exchange between a newspaper photographer and a man with Mr Sweetman.
The judge said the photographs could well have a prejudicial effect on the minds of the jury in considering the character of the accused and the guilt or innocence of the accused.
She said the photograph might not affect the jury, but there was, sufficient danger which could lead to a trial not being scrupulously, fair. She had decided the trial would have to be brought to a close and the jury discharged.
She said the matter would be put into the March 13th list to fix trial dates and said it should be given a certain priority because Mr Palmer was remanded in custody. Mr Sweetman remains on bail.
She was very, sorry this had happened, especially for the sake of Mrs Bridget Fanning and her daughter Rosaleen, who had been put to the, strain ,of giving evidence, the judge said.
She could only apologise for what had happened. It was a waste of many people's time and a waste of resources, and caused stress and suffering to the family of the deceased. . "
The judge said an undesirable practice of publishing photographs of accused persons was, creeping into the media. She said all accused persons were presumed innocent until and unless they were convicted.