Jury picked for Offaly man's trial on heroin charge after video link restored

THE trial of a man accused of having heroin for sale in Offaly will begin this morning after a video link enabling the empanelling of a jury worked correctly.

At Tullamore Circuit Court, Judge Keenan Johnson apologised to potential jurors gathered in the Bridge House Hotel who had been inconvenienced the previous Wednesday because of a technical breakdown.

For trials in Tullamore, people from whom a jury of 12 will be selected remain in isolation in a large function room in the town centre hotel because of Covid-19 social distancing requirements.

A video link is then established between the courthouse on Cormac Street and the hotel and Judge Johnson explains the procedure for selection.

The potential jurors also listen and watch as the accused brought before the court for arraignment.

On Wednesday the video link with the hotel did not work and Judge Johnson said he was “incandescent with rage” on behalf of those called for jury service.

This morning the connection was working and the jury saw Maurice Kiernan, a 28-year-old with an address at Killane Drive, Edenderry, plead not guilty to two counts under the Misuse of Drugs Act.

The accused, who appeared in court wearing dark jeans and a light blue shirt, denied possessing diamorphine, which prosecution counsel Kevin White, BL, said is commonly known as heroin, at School Lane in Edenderry on March 16, 2020.

Mr Kiernan also denied having heroin for sale or supply to others on the same date.

Empanelment of the jury then began with names called at random and those picked were transported to the courthouse 10 at a time by bus.

Because some of those called either had to be excused or could be challenged, up to 20 were being brought to the courthouse.

Mr Kiernan's defence is being conducted by Suzanne Dooner, BL, instructed by Thomasina Connell Solicitors and prosecution counsel Mr White is instructed by Sandra Mahon, Offaly state solicitor.

Mr White said he expects the trial to be completed within two days and said all of the prosecution witnesses are gardai.

On Wednesday Judge Johnson expressed his anger when he was “left with no option” but to abandon the attempt to empanel a jury.

“I want all technical issues sorted out and that there be a proper connection between here and the hotel,” he said.

He also said that consideration should be given to what is done at Mullingar Circuit Court where the entire court takes place in a hotel with the capacity to hold the entire jury panel, and the court proceedings as well.

“This is absolutely farcical. The inconvenience that people have been put to is outrageous,” declared the judge.

He said he was “completely and utterly” embarrassed at the “incompetence” that had arisen where a “simple link from the courthouse to a hotel less than 500 metres away can't be sustained”.

He said a professional company has been employed by the public service to provide that link and at a time when anyone could WhatsApp video call someone else or speak to 20 others by Zoom, he did not know why a link could not be established.

The judge added that it would be an understatement to say that he was incandescent with rage for the people in the hotel and the cost to the State.

“The matter will be followed up with the powers that be.”