Manslaughter trial fails due to missing witness

The trial of a Waterford man charged with the manslaughter of a 47-year-old collapsed yesterday because a prosecution witness was out of the country and "uncontactable".

Patrick Ryan (47) suffered a cardiac arrest in the hours following an assault at a bar in Waterford, and another weeks later, which led to his death.

At the Circuit Criminal Court in Waterford yesterday Edward Daly (28), Belmont Heights, Ferrybank, was charged with his manslaughter. Mr Daly was also charged with assault causing harm arising from the alleged assault against Mr Ryan at J&J's Bar in Ferrybank on July 24th, 2005.

Mr Ryan, St Martin's Avenue, Waterford, died on September 10th of that year, some weeks after he was assaulted.

However, a prosecution witness who had since left the country did not appear for questioning at the court yesterday morning.

According to Jeremy Maher SC, defending, a statement from the witness in the book of evidence would not be adequate grounds to proceed. In the absence of the jury he said that the case would be "absolutely and irreversibly prejudiced" were the witness not present for cross-examination.

Yesterday was the third day of the hearing. Prosecuting counsel Paddy McCarthy apologised to the jury and told them that the case could not proceed.

Judge Olive Buttimer thanked the jury of 10 women and two men for their time.

"On the next term a new jury will be sworn in," said Judge Buttimer.

"This is most unsatisfactory from your point of view and the court's point of view." No date has yet been set for a retrial.