Paudie death trial collapses after juror visits scene of fatal crash
Man was accused of dangerous driving leading to the death of popular GAA commentator
A JUDGE has had to discharge the jury in the case of a man charged with dangerous driving causing the death of a GAA commentator – after it emerged that a juror had visited the scene of the crash over the weekend.
A mistrial has now been declared in the case of accused man Bohdan Bezverkhyi.
The 33-year-old Ukrainian, of Rigsdale House, Ballinhassig, Co. Cork, had denied dangerous driving causing the death of Paudie Palmer at Dunkereen Crossroads in Innishannon, Co. Cork, on December 29, 2022.
Judge Colin Daly addressed the
‘We cannot have a fair trial’
jurors at Cork Circuit Criminal Court shortly before lunchtime yesterday. He asked the jurors if a visit to the crash site had been made by one member.
They confirmed through the foreman that it had.
Judge Daly said that such a visit had been in breach of the duties of the jury. He indicated that a verdict could not be reached in a ‘proper way’ as they had broken their oath. He said: ‘I warned you that you were only to rely on the evidence. It is very obvious that we cannot have a fair trial.’
A sworn jury minder had indicated that he overheard a conversation among jurors about one member of the jury having visited the crash site.
The garda said that the juror had made certain conclusions about the crash that he discussed with his fellow jurors.
This resulted in the jury being questioned about the matter.
The jurors had retired to deliberate shortly after 11am last Friday. They were sent home at 5.20pm on that day. They resumed their deliberations yesterday morning.
The prosecution case had been that Mr Bezverkhyi went through a stop sign and struck Mr Palmer while drunk behind the wheel. Prosecution barrister Brendan Kelly SC said that a neighbour had heard the revving of a car driving along the road past her gate prior to the collision at Dunkereen crossroads near Innishannon on December 29, 2022.
‘But you also have an eyewitness – Mr Bezverkhyi himself – when he texted numerous people that day,’ said Mr Kelly.
‘And he was speaking honestly then, talking to these individuals when he said, “I blame myself for it… I left the scene of a traffic accident, drunk, there is no excuse for me, I am guilty of it all.” There is your eyewitness. There is the truth of it.’ Counsel had also asked the jury to consider the technical evidence on the damage done to both vehicles in the crash. The defence had emphasised that Mr Palmer – the uncle of Claudine Keane, wife of Irish soccer star Robbie – was not wearing a seat belt. Defence counsel Séamus Roche, SC, said that his client had indicated in interviews that he left the scene because he was afraid.
Mr Roche said: ‘He was in shock. Perhaps he did not have the fortitude to remain at the scene. That is reprehensible.’
Counsel added that ‘perhaps there is bravado in what he said to others [in the texts]’.
Mr Roche also said that the technical evidence on the examination of the cars and the crash scene was ‘somewhat impenetrable’ and did not identify the exact point of impact.
The DPP will now decide if there will be a retrial.
Mr Bezverkhyi pleaded guilty to other charges relating to the same incident including that he failed to report the incident to gardaí, failed to offer assistance to the injured person, failed to stop and that he left the scene of the crash. He also pleaded guilty to dangerous driving in a separate incident in Curraheen, Co. Cork, on December 28, 2022.
Assistant State pathologist Dr Margot Bolster had indicated that Mr Palmer died of traumatic brain injuries, spinal cord injuries and thoracic injuries due to a road traffic collision.
Mr Palmer, who was a broadcaster with C103/96FM and a columnist with the Echo in Cork, died aged 65 on January 8, 2023 at Cork University Hospital from injuries sustained in the crash.
The deceased was also a retired schoolteacher. He was survived by his wife Colette, his daughters Claire and Emily, his brothers Denis, Richie and John, his grandson Lucas Pádraig, his extended family, former colleagues at St Brogan’s College in Bandon and a wide circle of friends.
He was a native of Kenmare in Co. Kerry and lived in Innishannon. Mr Palmer was well known and respected in sporting circles, and attendees at his funeral Mass included GAA stars Seán Óg Ó hAilpín and Alan Quirke.
Traumatic brain injuries