'This is not trial by expert, this is trial by jury', judge charges

At the Central Criminal Court, Mr Justice Paul McDermott has instructed the jury in the trial of Stephen Silver to apply common sense when evaluating conflicting psychiatric evidence regarding the accused's mental state. Mr Silver, aged 46, a motorbike mechanic from Aughaward in Foxford, County Mayo, denies murdering Detective Garda Colm Horkan at Castlerea, County Roscommon on 17 June 2020. He has pleaded guilty to manslaughter by reason of diminished responsibility. The defence psychiatrist testified that Mr Silver suffered from bipolar affective disorder at the time of the shooting, whilst the prosecution's expert disagreed. The judge clarified that jurors are not bound by expert testimony and may prefer one account over another. He explained that if they find Mr Silver guilty of unlawful killing with the requisite intent, they must then determine whether his responsibility was substantially diminished by mental disorder. The judge emphasised this remains a question of fact for the jury to assess using common sense alongside all evidence presented.