Mistrial after juror visits crash scene
A JUDGE discharged the jury in the case of a man charged with dangerous driving causing death after it emerged a juror visited the scene of the crash.
A mistrial was declared in the case of Bohdan Bezverkhyi, 33, of
Ballinhassig, Co Cork.
The Ukrainian national had denied dangerous driving causing the death of GAA broadcaster Paudie Palmer, 65, in Innishannon, Co Cork on December 29, 2022.
Judge Colin Daly addressed the jurors at Cork Circuit Criminal Court shortly before lunchtime yesterday.
He asked them 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 a verdict could not be reached in a “proper way” as they had broken their oath.
WARNED
Judge Daly 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 he overheard jurors talking about
one
Paudie Palmer member of the panel having visited the crash site. The garda said the juror had made certain conclusions about the crash that he discussed with fellow jurors. This resulted in the panel being questioned about the matter.
The jurors had retired to deliberate shortly after 11am last Friday. They were sent home at 5.20pm on Friday. They resumed their deliberations yesterday.
Mr Palmer, who was a broadcaster with C103/96FM and a columnist with the Echo in Cork, died in January last year at Cork University Hospital from injuries suffered in the crash