The trial of two men accused of a 2002 murder has collapsed at the Central Criminal Court after a witness said he had a complete loss of memory for an 18-month period.
A key witness for the prosecution in the trial of Cecil Lynch (26) of St Declan's Road, Gurranabraher and Jerry Ross (27) of St Philomena's Road, Gurranabraher who both denied murdering John Butler on October 7th, 2002 at Gurranabraher Road.
At the conclusion of the trial Mr Justice Philip O'Sullivan directed the jury to enter a verdict of 'not guilty' in respect of each of the accused.
He told them he had been dealing with an application from the defence over the past two days and had agreed there was no sufficient case to go before the jury.
Mr Justice O'Sullivan told them they would recall that one of the witnesses, Mr Morey, "had a complete loss of memory for an 18 month period in his life."
Mr Butler's girlfriend and the mother of his child Rachel Thornhill who had been called as a witness in the case then left the court room in tears along with other members of the Butler family.
Prosecuting counsel Mr Patrick J McCarthy asked the judge to direct that a transcript of the court proceedings be given to the gardaí in the light of Mr Morey's evidence.