Courts / Limerick / Report

Epileptic man charged with murder was fit for garda interview, jury hears

Summary

The Central Criminal Court trial of Seán Flanagan, Paul Colbert, and Ian Flanagan continues before Mr Justice Garrett Sheehan. Seán Flanagan and Paul Colbert, both of Lenihan Avenue, Limerick, have pleaded not guilty to the murder of 43-year-old Gerard McMahon, who was stabbed on January 18, 2012. Ian Flanagan, also of Lenihan Avenue, has pleaded not guilty to two counts of assisting an offender, allegedly by removing a CCTV recorder. Evidence presented by neurologist Dr Peter Boers addressed Seán Flanagan's fitness for a garda interview following an epileptic seizure on January 25, 2012. Dr Boers testified that while Flanagan was fit for discharge into custody, he may have had some impairment the next morning. However, the doctor agreed he was not unfit to be interviewed, noting that Flanagan responded normally by the evening of that day. The court heard that Flanagan made admissions during the interview. Prosecution counsel Michael O'Higgins SC cross-examined the witness, highlighting that Flanagan's mother had lied to gardai about the location of the CCTV device, which was later recovered from a neighbour's house. The jury has viewed video footage of the seizure and the subsequent interview. The trial is ongoing and was adjourned to continue on Wednesday.

Who, what, where, when and why

What: Report matter: Epileptic man charged with murder was fit for garda interview, jury hears. Charges or matters: murdering the 43-year-old; two counts of assisting an offender. Procedural stage: trial

When:

• January 18, 2012 Hearing Or Sentence
• January 25, 2012 Other
• 2013-11-25 Publication

Why: He explained that patients did not often remember their seizures so doctors relied on the accounts of family and friends. CNI source report

Case subjects

Places mentioned

Topics

Stage Trial Violent Crime

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Read the original CNI report