R v McClenaghan (Fred)

CourtCrown Court (Northern Ireland)
Neutral Citation[2014] NICC 20
1
Neutral Citation No. [2014] NICC 20
Ref:
TRE9450
Judgment: approved by the Court for handing down Delivered:
18/11/2014
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
ANTRIM CROWN COURT SITTING IN BELFAST
________
R
v
FRED McCLENAGHAN
________
TREACY J
[1] The Accused is charged with one count of murder, the particulars of the
offence being that on 11 March 2011 he murdered Marian Millican.
[2] The Defence has applied to discharge the jury as a result of circumstances
which have arisen beginning with the irregular separation of three jurors during
lunch break without the permission of the Court and whilst not in the custody of any
jury keeper. Subsequent investigations have revealed that there were other matters
not drawn to the attention of the Court which should have been including the fact
that at least one juror was not receiving adequate sustenance and complained of that
fact although this complaint was not drawn to the Court’s attention.
[3] These matters, to which the Court’s attention has now been drawn, were
relied upon by the Defence in support of their application to discharge the jury. The
Prosecution did not object to the application to discharge because of the concerns it
shared with the Defence. Indeed, as matters progressed, Senior Counsel for the
Prosecution went further and positively supported the application.
[4] As I indicated on Monday 29 September 2014 I was persuaded that in light of
all of the events that have happened that the jury must be discharged. I announced

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