New trial to be held on Kilmartin burglary charge

The jury has been discharged in the trial of a man charged with aggravated burglary at the home of a well-known Athlone business family. The case of Brian McGinley (37) of Blackberry Lane, Athlone, is to be relisted for a new trial date with a fresh jury. He had pleaded not guilty to a charge of aggravated burglary at the home of Damien and Rachel Kilmartin and family at Ladyswell, Glasson, on February 13, 2005. Judge Miriam Reynolds who heard evidence from the prosecution last week is indisposed, members of the jury were told in Mullingar Circuit Court sitting in Tullamore yesterday by Judge Raymond Fulham. He explained that both sides were anxious to proceed with the case and that subject to Judge Reynolds" availability, the case would proceed next Wednesday and last no more than three days. He apologised for the unforeseen development. However after discussion with his colleagues, the foreman of the jury then informed the court that one juror was travelling abroad on Sunday and another on Thursday. Because there were only eleven jurors, with one having been excused last week, Judge Fulham discharged the jury in full saying that the case could not proceed if their number fell below ten. He said the jury was fundamental to the administration of justice and thanked them for their careful and patient attendance to the evidence heard thus far. Mr McGinley was remanded on the same conditions of bail. The trial had opened on Tuesday last, with prosecution evidence having been given during three days last week.