Jury discharged in Kearney murder trial
The jury selected to hear the trial of a Dublin man charged with murdering his wife has been discharged after it emerged one of the jurors worked for an alarm company who installed a security alarm in the victim’s home.
Brian Kearney (aged 50), with an address at Carnroe, Knocknashee, Goatstown, Dublin, has pleaded not guilty to murdering his wife Siobhan Kearney (aged 38), on February 28, 2006 - his 49th birthday.
Ms Kearney, a mother of one, was found strangled in the upstairs bedroom of the house in Goatstown by a family member.
A jury of seven men and five women were selected, at the Central Criminal Court in Dublin to hear the case on Monday but Mr Justice Barry White discharged them yesterday morning after it emerged one of the members had worked for an alarm company which installed a security alarm in the Kearney’s home approximately 10 years ago.
The jury foreman said the juror discovered it when he called his boss to advise he was sitting on a jury.
While the company no longer serviced the alarm, the juror’s employer told him, gardaí had contacted the company as part of the homicide investigation.
Mr Justice White said having discussed the matter with Mr Denis Vaughan Buckely SC for the director of public prosecutions and Mr Patrick Gageby SC for Kearney it would be inappropriate for the juror to serve on the jury in the trial.
“Accordingly it will be my intention to discharge you as jury in relation to this matter,” Mr Justice White said.
“This maybe a lengthy trial and the prosecution are anxious that we should have a jury of 12 rather than a jury of 11,” he said.
A new jury will be selected on Monday.
The discharge of the jury came after the case was adjourned on Monday because of defence counsel concerns about the book of evidence.
Mr Justice White said an amended book of evidence had to be given to Mr Gageby, as there was evidence contained in the original copy that should not properly be put before the jury.
Mr Justice White again told the jury in discharging them yesterday that there were other concerns that had already been expressed in relation to other matters.
The 11 jurors could put their names into the jury pool for Monday, he said, but it did not necessarily mean their names would be selected for the Kearney trial
Alternatively Mr Justice White said they could obtain an exemption for from the registrar so they would not have to serve on a jury again for five years.
