Courts / Roscommon / Report

Murder accused enacted 'personal dramas involving confrontation with gardai', psychiatrist tells trial

Date
2022-11-03

Stage
Trial

Primary locality
Castlerea

Summary

At the Central Criminal Court, a consultant psychiatrist has disputed evidence that a murder accused's responsibility was diminished due to mental illness. Professor Harry Kennedy told Stephen Silver's trial that the accused, aged 46 and from Aughavard, Foxford, County Mayo, displayed a pattern of self-dramatising behaviour during confrontations with gardaí rather than symptoms typical of bipolar disorder. Professor Kennedy referenced a 2006 incident in which Mr Silver emerged from his apartment with a sword and helmet before eventually complying with gardaí, characterising this as theatrical rather than pathological. He argued that Mr Silver's actions surrounding the death of Detective Garda Horkan—including repeatedly firing a gun and selectively deciding how to cooperate with gardaí afterwards—demonstrated purposeful intent and rational decision-making inconsistent with diminished responsibility. Mr Silver has pleaded not guilty to murder but guilty to manslaughter by reason of diminished responsibility. The trial, before Mr Justice Paul McDermott and a jury, continues.

Who, what, where, when and why

What: Report matter: Murder accused enacted 'personal dramas involving confrontation with gardai', psychiatrist tells trial. Charges or matters: the murder of Det Garda Horkan knowing or being reckless as to whether he was a member of An Garda Siochana acting in accordance with his duty; manslaughter by reason of diminished responsibility, at Castlerea, Co. Procedural stage: trial

When:

September 2006 Hearing Or Sentence
17 June 2020 Other
2022-11-03 Publication

Why: Professor Kennedy said that the accused told gardai that he gave the bike away because he had too many and was thinking about getting rid of some of them. CNI source report

Case subjects

Stephen Silver

Accused

Charges: the murder of Det Garda Horkan knowing or being reckless as to whether he was a member of An Garda Siochana acting in accordance with his duty; manslaughter by reason of diminished responsibility, at Castlerea, Co (Alleged Or Contested)

Plea: Not guilty