The trial of a Limerick engineer accused of corruption by giving or agreeing to give money to a detective garda in exchange for a tip-off about a raid on his car dealership has collapsed.
Stephen O'Sullivan, aged 43, was on trial accused of giving or agreeing to give to Detective Garda David Bourke €20,000 as an inducement to reveal confidential information concerning an investigation being carried out by the Criminal Assets Bureau (CAB) in relation to Stephen Bawn Motors.
Mr O'Sullivan, of Farrehy, Broadford, Co Limerick, is a director of the business. He had pleaded not guilty at Dublin Circuit Criminal Court to the single count of corruption at Bruree, Co Limerick on 22 December 2018.
The jury began deliberations on Friday, but yesterday the defence made a legal application in the absence of the jury to call a "previously unknown but potentially highly relevant" witness.
After hearing evidence and legal submissions, from which the press were excluded, Judge Sinéad Ní Chúlacháin ruled yesterday afternoon that the jury should be discharged.
In her ruling, made in open court, the judge noted that the defence had made an application to call a new witness, whose evidence they say is potentially highly relevant and who the prosecution was aware of.
Defence counsel said that if they had been aware of the evidence of this witness, they would have put it to some of the garda witnesses, the judge said.
She noted that some documents relating to the witness were the subject of a disclosure application but that those documents did not disclose sufficient details.
She noted that the prosecution has conceded that the new witness is highly relevant and were seeking to discharge the jury and get a retrial.
Evidence proposed did 'appear to be an entirely new strand of evidence'
Judge Ní Chúlacháin said the trial judge has jurisdiction to allow evidence at any point in the trial. But she said that the evidence proposed did "appear to be an entirely new strand of evidence" relating to events that "occurred many years prior to the events in this case".
She said the defence "must have an opportunity to put this evidence before the court". She said that the court "was not satisfied" that allowing the jury to continue deliberating in the absence of this evidence "would do justice to anyone".
This morning Judge Ní Chúlacháin told the jury that an issue arose at the weekend which was going to take more time than available to resolve. She said the matter needs to be investigated. She said some of the matters were "very sensitive" and that she could not tell jurors "what happened".
She apologised to jurors and thanked them for their service in carrying out a vital public role. She listed the case for mention on 20 February next to fix a trial date.
During the trial, the jury heard audio of a covert recording of a conversation during which the defendant gives €20,000 to Det Gda Bourke and asks him questions about ongoing garda investigations into his business.
The jury also heard evidence of garda interviews during which the defendant told investigators that senior gardaí were involved in extorting money from him.
He alleged that Limerick gardaí Det Gda Bourke and Superintendent Eamonn O'Neill appeared at his car yard a number of times and he felt harassed and became concerned for his own safety and the safety of his family.
