Courts / Dublin / Report
Prisoner who killed fellow inmate fails in bid to re-open appeal based on Commission of Investigation findings
Summary
Stephen Egan, aged 33, was convicted of manslaughter by reason of diminished responsibility for killing fellow inmate Gary Douche, aged 20, in Mountjoy prison on 1 August 2006. A psychiatrist testified that Egan suffered from a schizoaffective disorder and was in a paranoid state at the time of the killing, which reduced his responsibility. He received a life sentence in 2009, upheld in 2010. In 2023 his lawyers applied to reopen the appeal under Section 2 of the Criminal Procedure Act 1993, citing new facts from the 2014 Commission of Investigation report that Egan was in an acute psychotic state in July 2006 and that he should not have been discharged from the Central Mental Hospital back to prison. The court rejected the application, stating the Commission's findings were not new or newly discovered, as the evidence was available at trial. The appeal was dismissed, and Egan's counsel intends to seek a Supreme Court appeal. Stephen Egan was acquitted.
Who, what, where, when and why
What: Report matter: Prisoner who killed fellow inmate fails in bid to re-open appeal based on Commission of Investigation findings. Procedural stage: appeal. Findings: Acquitted
When:
- August 1, 2006 Hearing Or Sentence
- June 26, 2009 Hearing Or Sentence
- May 2007 Other
- July 2006 Other
- July 14, 2006 Other
- 2017-03-21 Publication
Why: A consultant psychiatrist gave evidence before the jury that at the time of the killing Egan was found to be experiencing delusional beliefs due to a schizoaffective disorder and that his responsibility for killing Gary Douche was diminished "because, in his paranoid state, his judgement was impaired". CNI source report
Case subjects
Defendant
Finding: Acquitted
Outcome: Acquitted; Egan was sentenced to life imprisonment for manslaughter by Mr Justice George Birmingham on June 26, 2009. He said Egan had no basis for seeking to re-open his appeal against the severity of his sentence, the Court of Appeal would "not permit him to do so" and the application was dismissed.
Places mentioned
- Belcamp Crescent
- Central Criminal Court
- Court of Appeal
- Supreme Court
- Mountjoy
- Mountjoy prison
- Central Mental Hospital
Topics
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