Two false pretence charges remain outstanding against Paschal Carmody after his acquittal yesterday of nine counts of obtaining monies by deception from two families of terminally-ill cancer patients.
Last year, in the second trial of Dr Carmody, Judge Donagh McDonagh ruled that Dr Carmody be tried separately in relation to obtaining €14,300 under false pretences from the late JJ Gallagher of Kingswood, Mullingar, Co Westmeath.
It is now up to the DPP, Claire Loftus, if she wishes to proceed with what would be the fourth trial of Dr Carmody.
One of the gardaí leading the investigation, Det Sgt Oliver Nevin, said after the case yesterday: “The DPP will decide in the new year as to whether or not to proceed with the charges concerning the late Mr Gallagher.”
Dr Carmody and his solicitor, Frank Buttimer, also declined to comment on the outstanding charges.
Dr Carmody was first interviewed by gardaí in 2004 in relation to the allegations made by the families and was first tried in 2008 at Ennis Circuit Court.
In the first trial, in Jul 2008, a jury found Dr Carmody not guilty on six deception charges and could not reach a verdict on the remaining 11.
Dr Carmody was re-tried concerning the nine charges relating to obtaining monies by deception from the families of Conor O’Sullivan and John Sheridan in Apr 2011.
However, that trial collapsed after two national newspapers published matters discussed in court in the absence of the jury.
The costs of that trial totalled €480,000 and The Irish Times and the Irish Examiner were ordered by Judge McDonagh to pay the costs, including the DPP’s €100,000 costs and €360,000 for Dr Carmody’s legal team. The order is currently under appeal to the High Court.
Dr Carmody is not on legal aid and has paid his own, substantial, legal costs.
The Kerry native and his wife, Dr Frieda Keane Carmody, sold their 270-acre Tinerana estate on the shores of Lough Derg in a multimillion-euro deal to developers in 2006.
A €100m plan to develop the property was refused planning permission and the property is back on the market with a guide price of €2m.
In October, Dr Carmody was left without a solicitor after Dublin solicitor Michael Staines came off record in the case.
Cork solicitor Frank Buttimer then took on the case to allow the trial proceed over eight days at Ennis Circuit Court.
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