The trial of a civil servant for the murder of her husband collapsed in the Central Criminal Court yesterday after it emerged that certain material was not disclosed to the defence.
Before Mr Justice O'Higgins discharged the jury, two Garda witnesses testified that the deceased man had already been knocked unconscious or was asleep when he was killed in his bed, allegedly by his wife, Ms Dolores O'Neill (50).
The mother of two is accused of murdering Mr Declan O'Neill at their home at Coolamber Park, Knocklyon, Templeogue, Dublin, on or about July 22nd, 2002.
The accused, a civil servant with the Equality Authority, denies the charge. The former State pathologist, Dr John Harbison, has told the jury of nine women and three men that the victim suffered 24 blows to the head with a hammer and 21 knife wounds in a frenzied attack.
Earlier yesterday, a crime scene interpretation expert, Det Sgt Oliver Cloonan, of the Garda fingerprint section, said he examined the bedroom on the morning after the body was discovered.
From the pattern of the blood, he believed the assailant was either on the bed beside the victim at the time or straddling him when the blows were struck. A portion of blood had been wiped, and he understood this may have happened when the head was lifted and put back down.
He said this created a wipe stain as the hair was pointed upwards, and he believed the head had been lifted and dropped down again. "The victim was possibly asleep when all this happened."
However, Det Sgt Cloonan agreed this had not been put into his statement, and that the defence had not been given notice of this. He repeated his evidence, however, that the victim was "possibly asleep".
He had not told the prosecution either about this theory. He went on to say that, from his examination of the scene, the deceased had not moved during the assault. He had drawn this conclusion from the examination of the blood spatter pattern.
He added that there had been several blows to the side of the head and the blows had continued until the assailant was convinced that the victim was dead. "That happened when the head was lifted and put back down."
Det Garda John Higgins, of the Garda Technical Bureau, also examined the bedroom and the knife and hammer believed used in the attack.
Questioned by Mr Dominic McGinn, he said he also believed the deceased had not moved in the bed. There had been a smearing or wiping at the headboard and this reinforced his view that the deceased "was either asleep or rendered unconscious".
Det Higgins said the lack of defensive wounds, and the position of the deceased's hands by his side, suggested either that he was asleep or rendered unconscious at the time of the attack. "It is my opinion he was asleep."
Defence counsel Mr Felix McEnroy SC objected that material contained in Det Higgins's notes was not contained in the book of evidence.
Applying for a discharge, he said that material should have been disclosed to the defence but was not.
In the absence of the jury, defence solicitor Mr Robert Eager said that had this been done, it would have enabled the defence to forward material relating to blood patterns to the appropriate experts.
Mr Justice O'Higgins said it was with regret that he was discharging the jury, but was doing so "without hesitation".
"It seems to me that the requirements of justice make it imperative that I do so."
He said the matters complained of were "not peripheral", but stressed that the State had not wilfully neglected its duties towards the defence and that no blame should attach to either the prosecution or the Garda.
He remitted the case to March 29th to fix a date for a new trial.