Muffled voices were heard from the jury room during the Nevin murder trial, which collapsed on Wednesday, the Minister for Justice, Mr O'Donoghue, told the House. Giving details about the circumstances surrounding the collapse of the case in the Central Criminal Court, the Minister said he was informed that "what was heard was muffled voices".
The trial of Ms Catherine Nevin, who pleaded not guilty to the murder of her husband, Mr Tom Nevin, in March 1996 at their home at Jack White's Inn, near Brittas Bay in Co Wicklow, was in its 11th day when the case was aborted as a result of the jury's discussions being overheard in the public gallery.
Mr O'Donoghue said a "full and comprehensive investigation" was being carried out by the Courts Service which had given him a preliminary account. He said the overflow gallery in the courtroom, Court 3, had been closed since the 1970s and was opened in this instance because of the large number of witnesses and "significant public interest".
He told Labour's deputy leader, Mr Brendan Howlin, who raised the issue, that when the case had finished for the day on Tuesday, a court usher told the court registrar that people sitting in the overflow public gallery in the balcony could hear muffled voices. The registrar immediately directed that the gallery be closed to the public and told the presiding judge, Ms Justice Carroll, the following day.
When the court resumed counsel for the prosecution asked the judge to reopen the overflow public gallery because of the large number of people in the courtroom. After lunch the judge met counsel for both sides in her chambers, after which she discharged the jury and the trial was aborted.