The unavailability of the former State Pathologist Professor John Harbison will not create any difficulties in the trial of a man accused of murdering his wife ten years ago, the Central Criminal Court heard today.
Prof Harbison, who has been ill for several months, was due to give evidence at the trial of 65 year-old John Diver, Kilnamanagh Road, Walkinstown, Dublin, who denies murdering his wife Geraldine (42) at Robinhood Road, Clondalkin on December 2nd 1996.
Counsel for the prosecution Edward Comyn SC said that Prof Harbison had carried out an autopsy on the dead woman in December 1996. As the Professor was unable to attend court in person his report into the cause of Geraldine Diver's death would be read out to the jury.
"It will say that Mrs Diver died as a result of asphyxia due to strangulation," said Mr Comyn.
Counsel for the defence Brendan Grehan SC said the professor's absence "would not create a difficulty," and could be put to the jury "at an appropriate time."
The juy for the trial was sworn in today and heard Mr Comyn tell them the State will allege Geraldine Diver "was murdered by her husband."
He said Mr Diver had the opportunity to kill his wife, and that it was impossible that "somebody else could have done it."
Mrs Diver had lived with her husband and their two children, then aged 9 and 13 years of age.
She was found dead with a ligature around her neck on the night of December 2nd 1996 by a security officer at the gates of Buckley's builder's providers.
Mr Comyn said evidence would also be given by a truck driver, who shortly before 10pm that evening saw Mrs Diver slumped in the front seat of her car.
The driver noticed that the women's top was pulled up, and two hands from somebody in the back of the car were covering the women's breasts. He reported the incident a short time later.
Mr Comyn added that two witnesses would say that they saw Mrs Diver in her car in the evening of December 2nd. One of the two knew the family, Mr Comyn added, and would say that they saw Mrs Diver driving the vehicle, while the accused was in the back.
Mr Diver, a retired porter at the Coombe women's hospital, was older than his late wife whom he met while working at the hospital.
Mr Comyn said that shortly before Mrs Diver's death the couple's marriage "was on the rocks," and a "separation was imminent."
She had embarked on an extra marital affair with a younger man, and on one occasion had spent a weekend away from her family.
While it is not certain who started the affair, it commenced after the couple had a drink together in a pub, Mr Comyn said that the relationship was sexual.
While condoms were used at first, the man, who worked in a supermarket, would say in his evidence that he and Mrs Diver "wanted to have a baby together".
"Diver," continued Mr Comyn was, "a man under threat, because his wife was going off with a younger man.
The trial, which is being heard by Mr Justice Philip O'Sullivan, is expected to last two weeks.