Courts / Offaly / Report

Judge tell GP's manslaughter trial jury to leave "all emotion to one side"

Summary

Bernadette Scully, a 58-year-old Offaly GP, is on trial at the Central Criminal Court for the alleged manslaughter of her profoundly disabled 11-year-old daughter, Emily Barut. The prosecution alleges that Scully unlawfully killed Barut at their home in Tullamore on September 15, 2012, through an act of gross negligence involving the administration of an excessive quantity of chloral hydrate. Scully has pleaded not guilty. The case centers on allegations that she administered the sedative multiple times after Barut, who suffered from microcephaly and severe epilepsy, experienced distress and a seizure following a medical procedure. During closing speeches, both the prosecution and defence acknowledged the emotional nature of the case. Judge Patrick McCarthy charged the jury to set aside all emotion and apply the law objectively. He explained that the State must prove beyond reasonable doubt that Scully's conduct was a substantial cause of death and that she failed to observe the ordinary and necessary care expected of a professional, resulting in negligence to a very high degree. The judge clarified that while the test is objective, a doctor following approved medical practice is generally protected from negligence findings unless the practice is obviously defective. The jury, comprising seven women and five men, was instructed that their verdict must be unanimous and that they may take as long as necessary to deliberate. The matter is currently at the trial stage, with the jury set to begin deliberations.

Who, what, where, when and why

What: Report matter: Judge tell GP's manslaughter trial jury to leave "all emotion to one side". Charges or matters: unlawfully killing 11-year-old Emily Barut, who was profoundly disabled, at their home at Emvale, Bachelor's Walk, Tullamore. Procedural stage: trial

When:

• Saturday September 15th, 2012 Hearing Or Sentence
• 2016-12-14 Publication

Why: He explained that, for manslaughter, the accused must have failed to observe the ordinary and necessary care expected of her to the point that she was negligent in a very high degree. CNI source report

Case subjects

Places mentioned

Topics

Stage Trial Violent Crime

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Read the original CNI report