Jury in theft trial suspend deliberations overnight

By Eimear Dodd

The jury in the trial of a criminal defence solicitor accused of the theft of €400 and charges of perverting the course of justice has been directed to suspend its deliberations overnight.

Cahir O’Higgins (49) pleaded not guilty to one count of the theft of €400 in July 2016 and four counts of attempting to pervert the course of justice in December 2017.

Mr O’Higgins, of Cahir O’Higgins and Company, Kingsbride House, Parkgate Street, Dublin, denied the allegations against him.

The court has heard that Mr O’Higgins is a criminal defence solicitor with over 20 years’ experience.

The jury retired to consider its verdict shortly after 11am yesterday morning after being charged by Judge Martin Nolan.

In his charge, Judge Nolan told jurors they must be “neutral and impartial”.

He told them Mr O’Higgins’s profession as a criminal defence solicitor should bear no part in their deliberations.

After deliberating for about 90 minutes, the jury asked Judge Nolan if theft can be said to have occurred, “where an owner is deprived of their property temporarily”.

Judge Nolan told jurors they must be satisfied beyond a reasonable doubt that the money was not returned before they convict the defendant on the charge of theft. He asked them to retire and continue their deliberations.

The jury was sent home for the day after deliberating for just under four hours.

Jurors are due to return and continue their deliberations today.