This article is from page 10 of the 2009-12-08 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 10 JPG
A HIGH COURT challenge to the DPP’s decision to retry former Kil- laloe-based GP Paschal Carmody is due to open at the High Court today Gh er oF
Mr Carmody (60), of Ballycugga- ran, Killaloe, is accused of defraud- ing terminally ill cancer patients and WeCHUMBE-DOODUB (oe
However, he was granted leave to seek a judicial review of a DPP de- cision to proceed with a trial on 11 charges and that case is currently be- fore the High Court.
In July 2008, Mr Carmody went on trial at Ennis Circuit Court, ac- cused of 25 charges in total. At the end of a five-week trial, he was found not guilty by a jury of six charges. The trial judge, Judge Rory McCabe, directed the jury to return not guilty verdicts in relation to eight other Ont Nexone
However, the jury did not reach a decision on 11 other charges.
The judge and jury heard from 64 witnesses during the lengthy trial – 49 for the prosecution and 15 for the defence.
The outstanding 11 charges relate to more than €30,000 obtained from three terminally ill patients and their JEVOOVE BLE
The patients received photodynam- ic treatment at the East Clinic in Kil- laloe in 2001 and 2002.
He is facing seven deception charg- es relating to €9,610 obtained from
the family of a 14-year-old boy from Wexford, Conor O’Sullivan, who died in November 2002. There are two charges in relation to JJ Gallagh- er from Westmeath, who died in Sep- tember 2002 (relating to €14,300). There are two other charges relating to John Sheridan, of Kells, Kilkenny, who died in November 2002 (relat- ing to £6,944).
Following the trial, the DPP decid- ed that Mr Carmody be retried on the
11 charges. However, Mr Carmody’s legal team then applied for a judicial review of the DPP’s decision.
In September, the case was ad- journed at Ennis Circuit Court, pend- ing the outcome of the High Court challenge.