Juror discharged in O'Reilly trial

Mr Justice Barry White was today forced to discharge a juror in the murder trial of Joe O'Reilly after it emerged she had had a conversation with another person during jury selection.

The comments were discovered when Mr Eric Gorman, a member of the jury panel who was not selected, phoned the jury office in the Four Courts to inform them of the conversation he had with the juror before she was sworn-in.

Mr Justice White asked Mr Gorman to come to court, and in the absence of the jury, he told them of the conversation he had with the woman during the jury selection process.

When the jury returned, this man identified the juror in question and she confirmed to the judge that she had been speaking to Mr Gorman.

However, she claimed her comment was not her own opinion but rather that it stemmed from rumours she had heard at work.

Mr Justice White told her: "In discharging you, my actions in so doing are not intended to reflect on you as a juror and they should not be interpreted as referring to you as a juror."

But he said: "The ‘presumption of innocence’ is not a phrase which the jury must pay lip service."

He added: "I have no doubt that you would have taken to discharge your function as a juror but there's always the risk you might have been subconsciously influenced by rumour."

He also commended Mr Gorman for having a "civic-minded approach" to this matter.

"It's very important that justice not only be done, but is seen to be done," he said.

Earlier, the judge warned the jury to avoid media reports of the case due to the extent of media coverage it was sure to receive.

Joe O'Reilly (aged 35) of Lambay View, Baldarragh, The Naul, Co Dublin has pleaded not guilty to murdering Rachel O’Reilly (aged 30), the mother of their two children, at the family home on October 4, 2004.