Judge halts Carmody retrial pending review

A JUDGE yesterday 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 retrial pending the determination of the full proceedings by the High Court.

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 was cleared by a jury last July of 14 counts of false pretences and deception.

However, the jury failed to reach verdicts on the remaining 11 charges and the DPP subsequently said a retrial is to proceed on those outstanding charges.

The charges relate to monies obtained from three terminally-ill patients who received therapy at the East Clinic in Killaloe in 2001 and 2002.

Yesterday in the High Court, Patrick Marrinan SC, for Carmody, said the crucial witness needed for a fair trial was the late Mark Hadden.

Mr Hadden had been diagnosed with cancer and in 1996 was treated with photodynamic therapy which Carmody offered his patients. Mr Hadden underwent what was described as “a miraculous” recovery, however, he died 12 years later, a month before Carmody’s trial started.

As a result of the absence of Mr Hadden, Carmody’s ability to defend himself has been prejudiced as this witness could have been of “significant assistance” in providing evidence, it is claimed in the application for judicial review.