A judge has ordered a halt to the retrial of former Clare GP Paschal Carmody on charges of defrauding terminally ill patients pending the outcome of a High Court challenge.
The former doctor was given leave to seek a judicial review of a DPP decision last month to proceed with a retrial on 11 charges which an Ennis Circuit Court jury could not agree on.
Mr Justice Michael Peart said his order acts as a stay on the re-trial pending the determination of the full proceedings by the High Court.
Mr Carmody claims the absence of a crucial witness breaches his Constitutional right to a fair trial. He also says a delay in prosecuting him creates a real risk of an unfair trial.
The 60-year-old, of Ballycuggeran in Killaloe, was cleared by a jury last July of 14 counts of false pretences and deception following a five-week trial.
However, the jury failed to reach verdicts on the remaining 11 charges and the DPP subsequently said he is to proceed with a retrial on those outstanding charges.
The case was due for mention in Limerick Circuit Court next Monday, the State was due to seek to have the retrial heard in Dublin.
The charges relate to monies obtained from three terminally-ill patients who received therapy at the East Clinic in Killaloe in 2001 and 2002.
In the High Court, Patrick Marrinan SC, for Mr Carmody, said the crucial witness needed for a fair trial was the late Mark Hadden, from Tinahely, Wicklow.
Mr Hadden had been diagnosed with cancer and in 1996 was treated with photodynamic therapy which Mr Carmody offered his patients.
Mr Hadden underwent what was described as 'a miraculous' recovery, later playing rubgy for Leinster, marrying and having a child.
However, he died 12 years later, a month before Mr Carmody's trial started last July.
Counsel said the prosecution's case is that Mr Carmody had made representations to three people saying he could cure them when it had emerged during the trial this year that they had attended the former doctor on foot of reports about the successful treatment of Mr Hadden.
The family of one of the complainants had actually gone to see Mr Hadden in his home in Wicklow while another had also been in direct contact with Mr Hadden, counsel said.
Mr Hadden was 'a banner bearer' for the treatment and his evidence would have been crucial to Dr Carmody's defence, counsel said.
As a result of the absence of Mr Hadden, Mr Carmody's ability to defend himself has been severely prejudiced as this witness could have been of 'significant assistance' in providing evidence in relation to the credibility and reliability of the people making the complaints, it is claimed in the application for judicial review.
The delay in prosecuting him in relation to alleged offences in 2001 and 2002 had prejudiced him in his defence and there was therefore a real risk of an unfair trial, it is also claimed.
As a result of the prosecution, he suffers from severe stress and anxiety, stigmatisation in the media and the community and disruption to his work and family life.
His right to trial without delay had been irreparably affected by the failure of the DPP to proceed with the prosecution with expedition, it is also claimed.
