Courts / Kilkenny / Report
Man is found not guilty of trying to murder stranger by reason of insanity
Summary
In a four‑day trial at Kilkenny County Court, Gerard Dowling, aged 40, was charged with the attempted murder of 60‑year‑old Simon Bourke, assault causing harm, and possession of a knife. The jury, after 40 minutes of deliberation, returned a special verdict of not guilty by reason of insanity. Both the prosecution and defence agreed that Dowling was insane at the time of the assault, as he suffered from paranoid schizophrenia and had not taken medication for several months. He was admitted to the Central Mental Hospital under the Criminal Law Insanity Act. A doctor will report to the court on 7 November to recommend ongoing treatment. Justice Paul McDermott thanked the jurors and exempted them from further service for ten years. The case remains at the mental health treatment stage.
Who, what, where, when and why
What: Report matter: Man is found not guilty of trying to murder stranger by reason of insanity. Charges or matters: the attempted murder of 60-year-old Simon Bourke at Market Cross Shopping Centre in Kilkenny City on July 13, 2016. Procedural stage: trial
When:
- July 13, 2016 Incident
- November 7 Adjournment
- 2017-10-26 Publication
Why: He explained that for the special verdict to be brought the defence must prove beyond the balance of probability that Mr Dowling was insane at the time of the assault and therefore did not know that his actions were morally wrong, or could not refrain from acting as he did. Defence account reported by CNI
Case subjects
Accused
Charges: the attempted murder of 60-year-old Simon Bourke at Market Cross Shopping Centre in Kilkenny City on July 13, 2016 (Alleged Or Contested)
Places mentioned
- Central Mental Hospital
- Kieran's Street
Topics
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