Jury in Offaly coercive control trial discharged after failing to reach verdict

A JURY has been discharged at Tullamore Circuit Court after failing to reach a verdict in the trial of man accused of the coercive control of a woman.

The accused man broke down in the courtroom when the jury foreperson told Judge Kenneth Connolly that the jurors could neither reach a majority verdict of 11 to one or 10 to two as required by the court.

The jury of nine men and three women had been deliberating for more than two hours today (Thursday, December 12) after a seven-day trial.

The prosecution was conducted by William Fennelly, BL (instructed by Sandra Mahon, Offaly state solicitor) and the accused was represented by Barry White, SC, with David Nugent, BL (instructed by Barry Fitzgerald, solicitor)

During the deliberations this afternoon the jury returned on three occasions with questions.

The first question asked if the law required proof of all four classes of coercive control, physical, sexual, financial and emotional abuse, or just one.

Judge Connolly said that proof of all four categories was not required. “Basically any form of behaviour within the classes we've discussed that satisfies the definition will meet the section.”

He said the accused person committed the offence if the jury found that he knowingly and persistently engaged in behaviour that was controlling or coercive, had a serious effect on the relevant person, and that person believed violence would be used against them, or that person was caused serious alarm and distress.

The jury went out again but returned about 20 minutes later with the second question, which enquired if a unanimous verdict would be required.

Judge Connolly said a majority verdict of either 11 to one, or 10 to two, would be acceptable given the amount of time the jury had already spent deliberating.

Over half an hour after that the jury returned and asked for advice on what to do because having considered all the evidence they could not reach a majority verdict as required by the court.

Judge Connolly asked if a majority verdict would be reached if more time was given and the foreperson said the jury would not be able to meet the requirement of 11 to 1 or 10 to two.

The judge said he was discharging the jury. An issue paper saying there was disagreement on the verdict was signed and the judge thanked the jurors for their service and excused them from jury duty for seven years.

The question of press coverage of the proceedings was also raised during the deliberations and Mr Fennelly said the Domestic Violence Act permitted representatives of the media to be present but neither the accused nor the complainant could be named by the press.

Judge Connolly said the press were always very welcome but the parties could not be identified.

The accused man was remanded on continuing bail to appear in court again on March 3 next year for directions from the DPP.

Judge Connolly said that if instructions are received for a retrial he would direct the preparation of trial transcripts for the prosecution and defence.