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Judge Colin Daly discharged the Cork Circuit Criminal Court jury and declared a mistrial in the case against Bohdan Bezverkhyi (33) of Rigsdale House, Ballinhassig, Co Cork.
The 33-year-old Ukrainian national had denied dangerous driving causing the death of 96FM and C103FM broadcaster Paudie Palmer (65) at Dunkereen Crossroads in Innishannon, Co Cork on December 29< 2022.
Judge Daly addressed the jurors at Cork Circuit Criminal Court shortly before lunchtime today.
He asked the jurors if a visit to the crash site had been made by one member.
After a brief consultation, the jury foreman confirmed that one member of the 12 member jury said they had visited the collision scene.
Judge Daly said that such a visit amounted to a breach of the duties of the jury.
He indicated that a verdict could not be reached in a “proper way” as they had broken their oath.
“I warned you that you were only to rely on the evidence. It is very obvious that we cannot have a fair trial,” he said.
“I declare a mistrial.”
In his instructions to the jury at the start of the trial, the judge had warned them to consider the matter on the evidence presented to them in court – and not to conduct any independent inquiries.
A sworn jury minder had earlier indicated that he overheard a conversation among jurors about one member of the jury having visited the crash site.
The Garda said that the juror had made certain conclusions about the crash which they then discussed with their fellow jurors.
This resulted in the jury being quizzed about the matter.
Judge Daly had sent the jurors to retire to deliberate on a verdict shortly after 11am last Friday.
They were sent home at 5.20pm and were scheduled to resume their deliberations on Monday morning.
The prosecution case had been that Bezverkhyi went through a stop sign in his grey BMW five series car and struck Mr Palmer’s Peugeot 204 car.
Prosecution barrister Brendan Kelly SC said that a neighbour had heard the revving of a car driving along the road past her gate prior to the collision at Dunkereen crossroads near Innishannon in Co Cork on December 29 2022.
“But you also have an eye-witness — Mr Bezverkhyi himself — when he texted numerous people that day. And he was speaking honestly then, talking to these individuals when he said ‘I blame myself for it… I left the scene of a traffic accident, drunk, there is no excuse for me, I am guilty of it all’. There is your eye-witness. There is the truth of it,” he said.
He had also asked the jury to consider the technical evidence on the damage done to both vehicles in the crash.
However, the defence emphasised that Mr Palmer was not wearing a seat belt.
Defence counsel Seamus Roche SC said that his client had indicated in interviews that he left the scene because he was afraid.
“He was in shock. Perhaps he did not have the fortitude to remain at the scene. That is reprehensible. And perhaps there is bravado in what he said to others (in the texts),” he said.
Mr Roche also said that the technical evidence on the examination of the cars and the crash scene was “somewhat impenetrable” and did not identify the exact point of impact.
Bezverkhyi pleaded guilty to other charges relating to the same incident including that he failed to report the collision to gardaí, failed to offer assistance to the injured person, failed to stop and that he left the scene of the collision.
Bezverkhyi also pleaded guilty to a charge of dangerous driving in a separate incident the previous day in Curraheen in Co Cork on December 28, 2022.
Assistant State Pathologist Dr Margaret Bolster had indicated that Mr Palmer died of traumatic brain injuries, spinal cord injuries and thoracic injuries due to a road traffic collision.
Mr Palmer, who was a 65-year-old broadcaster with C103FM/96FM and a columnist with the Echo in Cork, died from injuries sustained in the crash on January 8, 2023 at Cork University Hospital (CUH).
Mr Palmer, who was from Kerry, was an award-winning broadcaster and one of the most respected sports journalists in the south.
He was involved in GAA coverage for Cork radio stations 96FM and C103FM for decades and was hailed as the ‘voice of Cork sport.’
The late Mr Palmer was an uncle of Claudine Keane, a former model and wife of former Irish football international Robbie Keane.
Claudine’s father, Denis, is a brother of Mr Palmer.
The family originally hailed from Templenoe in Kerry but Mr Palmer spent most of his broadcast career based in Cork.
Mr Palmer was also Claudine’s godfather.
In a special funeral tribute, Mr Palmer’s flag-covered coffin was carried from the centre of Innishannon village to St Mary’s Church in relay by honour guards drawn from Valley Rovers GAA club, Templenoe GAA club and St Brogan’s secondary school where Mr Palmer taught for over 40 years.
The mourners following the cortege were led by his wife, Colette, and daughters, Claire and Emily.
His brothers, Denis and Johnny, delivered a special eulogy to the 65-year-old who had successfully defied a serious illness diagnosis in 2019 to fully recover only to then suffer fatal injuries in a road traffic incident just four days after Christmas.
His family noted to mourners he had gotten to spend Christmas with his adored first grandchild, Lucas Padraig.
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