Judge in Clare murder trial addresses jury on post-trial 'fallout' and 'time out'

A High Court judge has told jurors who heard graphic evidence during a Clare murder trial that the courts cannot do anything about "time out post-verdict" once their service ends, in what is believed to be the first time such a matter has been addressed in a criminal trial.

Mr Justice Paul McDermott delivered the remarks at the conclusion of the trial of Thomas Lorigan, who was unanimously found guilty of murdering his 78-year-old uncle John O'Neill by stamping him to death outside his home in Lisdoonvarna, Co. Clare.

The 34-year-old, of no fixed abode, had denied murdering widower Mr O'Neill at St Brendan’s Road, Lisdoonvarna, on a date unknown between January 6 and January 7, 2022.

Moments before the guilty verdict was returned on Thursday afternoon, the foreman of the jury handed a note up to the trial judge, the contents of which were not disclosed to the courtroom.

However, addressing the matter after the verdict was returned, Mr Justice McDermott referred to the note and said he could not reply to it in "a more quiet or confidential way" other than aloud in the courtroom.  

He told the jurors that there was nothing else he could do "in terms of" those who suffer "any fallout" from criminal trials.

The judge said when people come to court and especially those "who have never had to deal with a case like this before", the difficult evidence "can affect them and intrude on their thoughts" when they have to engage with it.

During the two-week trial, the jury viewed graphic CCTV footage of a "ferocious" assault on widower Mr O'Neill, during which he was repeatedly kicked and stamped on while he lay on the ground outside his former bed and breakfast.

One of the jurors became very emotional when the footage was played.

There was evidence of the severe blunt force trauma inflicted during the attack, during which Mr O'Neill suffered multiple fractures to the facial bones and a traumatic brain injury.

Mr Justice McDermott thanked the jurors for their dedication during the trial and said cases like these were very difficult to listen to, consider and deliberate on.

He exempted the 12 jurors from jury service for the next ten years.

The judge said "in terms of the service element" and "time out post-verdict", he could do nothing about that as their "service in terms of the Juries Act ends today". He said it remained for him to accept the verdict as delivered.

Speaking after the case concluded, Media Relations Advisor Gerry Curran said that the Courts Service has, when requested, arranged support and debriefing sessions for jurors who have experienced traumatic evidence in a trial.

Mr Curran said the State body also offers such services to court registrars.

With regard to "secondary trauma" encountered by barristers, Senior Counsel Lorcan Staines said that The Bar Council runs a "consult a colleague" programme and also offers Continuous Professional Development events to assist those impacted.

"While criminal trials have always been difficult for all involved, the enormous increase of traumatic digital content in these cases has dramatically increased the lasting impact on gardai, lawyers and no doubt jurors," Mr Staines said.