GP manslaughter trial jury resume deliberating

The jury will resume deliberations this morning in the trial of a doctor who is charged with the manslaughter of her profoundly disabled daughter. She is alleged to have given her too much sedative.

The Offaly GP is charged with unlawfully killing 11-year-old Emily Barut at their home, at Emvale, Bachelor’s Walk, Tullamore. It’s alleged that she killed her by an act of gross negligence, involving the administration of an excessive quantity of chloral hydrate, on Saturday, September 15, 2012.

The 58-year-old has pleaded not guilty, and went on trial at the Central Criminal Court two weeks ago. Ms Barut had microcephaly, and severe epilepsy, and couldn’t speak or move. Ms Scully said she had administered chloral hydrate when her daughter became upset, at 2am, and 6am, that day. She said her daughter then had a massive fit, after 11am, and she administered more.

Mr Justice Patrick McCarthy told the jury to leave all emotion to one side and approach the deliberations in a cool, collected manner. He also explained the law as it related to the case. Jurors had to be satisfied, beyond a reasonable doubt, that the accused’s conduct was a substantial cause of death. He said the State must also prove that the accused had a duty of care to the deceased.

He explained that, for manslaughter, the accused must have failed to observe the ordinary and necessary care expected of her, to the point that she was negligent in a very high degree.

He explained that the test was an objective one. “In some cases, in these courts, it’s of importance what the state of mind of the person was,” he said. “Not in this case.” He said that, in theory, a person could be negligent and guilty of manslaughter without even knowing it. “There is a modification, or there is a gloss on it, in the case of professional people, such as a doctor,” he said.

The judge told the jurors their verdict must be unanimous. The seven women and five men were given all of the exhibits in the case, before retiring to their jury room yesterday morning. These included a bottle of chloral hydrate found at the scene.

They returned later and asked to hear evidence about doses and symptoms of chloral hydrate intoxication.