Paudie Palmer trial collapses after judge told juror visited scene of collision over weekend

Judge told jury they had failed in their oath to conduct their deliberations on the basis of what was given in evidence and not to conduct any independent enquiries and declared a mistrial

Paudie Palmer died on December 29, 2022. Picture: Denis Boyle

A juror in the trial of a Ukrainian motorist who denies dangerous driving causing the death of GAA broadcaster Paudie Palmer visited the scene of the collision over the weekend and discussed his observations with the jury, causing the immediate collapse of the trial on Monday.

Judge Colin Daly told the jury they had failed in their oath to conduct their deliberations on the basis of what was given in evidence and not to conduct any independent enquiries.

“I declare a mistrial,” Judge Daly said shortly before lunchtime on Monday.

Garda Paul Jones, who was the sworn jury minder, brought to the attention of the court that he had overheard a juror describing to the rest of the jury a weekend visit that he [the juror] made at the weekend to the crossroads where the accident happened in Innishannon and certain conclusions he had on the basis of this visit.

Judge Daly directed the seven men and five women of the jury to return to court and it was confirmed by the jury foreperson that one juror had visited the scene.

The judge said: “You have failed in your duty and in your oath because you have failed to conduct the trial in a proper manner. You were directed not to conduct your own investigations. But one of you has done that.

“A fair trial cannot now take place. You are discharged in those circumstances.” 

The jury deliberated throughout Friday after about one week of evidence in a case where they were sworn in on January 31 and the trial opened on February 1. They returned to Cork Circuit Criminal Court at 10am on Monday to continue their deliberations.

The difficulty that caused the collapse of the trial came to light before lunchtime.

It will now be a matter for the Director of Public Prosecutions to have a retrial of the case — probably later this year — in front of a new jury, with all of the evidence having to be given by witnesses afresh.

Bohdan Bezverkhyi, 33, of Rigsdale House, Rigsdale, Ballinhassig, Co Cork, denies the most serious charge of dangerous driving causing the death of Mr Palmer at Dunkereen Cross, Innishannon, Co Cork, on December 29, 2022. 

He pleaded guilty to five other charges related to his failure to remain at the scene and dangerous driving at another time and place — December 28, 2022, on the main Cork-Kerry road, the N22.