A jury member noticed that 29 seconds were missing from a "crucial" compilation of CCTV footage
The trial of a former soldier accused of murdering a man outside a Dublin takeaway has collapsed.
Donal Colgan of Killarney Court, Killarney Street in Dublin 1 had denied murdering David Sheridan outside Luigi’s Takeaway on North Strand Road in August.
The 65-year-old had admitted stabbing David Sheridan in August 2014 but claimed he didn’t intend to kill him.
The jury had begun their deliberations when the foreman passed a note to the judge highlighting an issue with a “crucial” piece of evidence.
A jury member had noticed that 29 seconds were missing from a compilation of CCTV footage shown during the trial.
The foreman described the footage, taken from inside the chipper, as “crucial” and it was reviewed by lawyers from both sides over lunch.
When the jurors returned, Ms. Justice Carmel Stewart told them the defence had applied for them to be discharged.
She said the entire trial was played out in the basis that the CCTV evidence was continuous and contained no gaps.
In the interests of ensuring Mr Colgan received a fair trial; she said she had no option by to send them home.
A new trial date will be fixed next month.