Jury discharged from dealing with accused, says judge

THE jury in the trial relating to the death of two teenagers on the road in Knocknaheeny last May was discharged from dealing any further with one of the accused yesterday.

John Heaphy, aged 24, of 7 Oak Drive, Classis Lake, Ballincollig, County Cork, has been on trial since the jury was sworn in on November 23 on the single count of threatening to damage property at 23 Spriggs Road.

Judge Patrick J Moran told the jury yesterday: “The position now, as a result of legal discussion over the past two days, is that I have decided to discharge you from dealing with the count of threatening to cause criminal damage, the count related to John Heaphy.”

Philip Murphy, aged 40, of 58 Killala Gardens, Knocknaheeny, Cork, and James Simms, aged 27, of Adelaide Terrace, Cork, both remain on trial on the charge of dangerous driving of cars on Friday, May 14, on Harbour View Road, causing the death of CJ Dolan, 16, and Derry O’Callaghan, 19. Murphy and Simms deny the charge.

Judge Moran said Philip Murphy’s senior counsel, Padraig Dwyer, was not available yesterday due to a longstanding commitment elsewhere.

The judge told the jury that the trial of Murphy and Simms would resume next Tuesday.

Apart from being addressed about being discharged in respect of the Heaphy case, there was no further matter in connection with the trial dealt with at Cork Circuit Criminal Court yesterday.

As for the jury being present in court yesterday, Judge Moran said: “It could have been done over the phone, but I thought I should explain it to you.”