MURDER TRIAL COLLAPSE
TRIAL WAS IN ITS CONCLUDING STAGES WHEN THREE MEMBERS OF THE JURY SAID THEY COULD NOT ATTEND
The jury in the trial of a husband accused of murdering his wife has been discharged after three jurors contacted the court to indicate they were not in a position to attend.
Ms Justice Eileen Creedon told the Central Criminal Court in Dublin last Wednesday that one of the three jurors will probably never be in a position to attend the trial, while the availability of the other two jurors is “unknown” and would not be clear for at least a week.
The 12-juror panel was scheduled to hear closing speeches from the defence and the prosecution in Rafal Karaczyn’s murder trial, after the speeches were rescheduled.
Rafal Karaczyn (34), of Crozon Park, Sligo, has pleaded not guilty to murder but guilty to the manslaughter of his 30-year-old wife Natalia Karaczyn, at their family home in Crozon Park between April 29 th, 2018 and May 1st, 2018.
Ms Justice Creedon said the trial did not have a full complement of 12 jurors as three had contacted the court to say they could not attend.
She said she was conscious of the privacy of the three jurors and did not want any “unnecessary reporting” as to the reasons the three jurors couldn’t attend.
However, she added that one of the jurors “will probably never be in a position to attend” while the position of the other two jurors is “unknown” and would not be known for at least a week.
Mr Bernard Condon SC, for the Director of Public Prosecutions, told Ms Justice Creedon that his instructions were to ask that the jury be discharged and for the case to return to the list to fix dates.
He said “nobody knows” when the trial could resume and it would be “unfair” on the jury to be expected to “reassemble” at some unknown point in the future.
Mr Michael Bowman SC, for the accused, with Mr Keith O’Grady BL instructed by Ms Laura Spellman, solicitor said it was a “matter for the court”, adding that it was “unsatisfactory” but “nothing could be done” and he was leaving it in “the court’s hands”.
In turn, Ms Justice Creedon said everybody was conscious that the trial had “nearly concluded”.
She added that in the interest of the “fair trial rights of the accused”, while acknowledging that things are “entirely uncertain at this stage, given the seriousness of the situation”, she would accede to the application for the jury to be discharged and put the case back for mention.
The judge then asked the jury minder to tell the nine jurors, who didn’t appear in the court, that they were discharged and would have no more dealings with the trial. She also asked the minder to thank them and to apologise to them.
Mr Karaczyn was then remanded in custody with consent to bail, under the same terms and conditions, until March 30 th.
The trial had heard that Karaczyn told Gardaí at interview that he woke up when Natalia came home from a night out on the morning of Sunday, April 29 th, 2018, and that he got up and went into the spare room where she was and asked her “where are you been?”.
He said he used a “hard voice” and asked the question again before she pushed him. He told gardai he then went into the room and asked again “where are you been?”. He said she slapped him twice and he then strangled her. He said he felt her slide down and then he lay down with her for ten minutes.