Courts / Roscommon / Report

'Unsafe' to convict garda murder accused, defence tell jury

Date
2022-11-09

Stage
Sentence

Primary locality
Castlerea

Summary

At the Central Criminal Court, defence counsel for Stephen Silver argued it would be unsafe to convict him of the murder of Detective Garda Colm Horkan, citing evidence of mental disorder at the time of the shooting. Mr Silver, aged 46, from Aughaward near Foxford in County Mayo, has pleaded not guilty to capital murder but guilty to manslaughter by reason of diminished responsibility for the fatal shooting at Castlerea, County Roscommon on 17 June 2020. Defence barrister Roisin Lacey SC asked the jury to consider psychiatric evidence that Mr Silver was experiencing a relapse of bipolar affective disorder which substantially diminished his culpability. She referenced observations from gardaí interviews, recorded on the day following the incident, which documented deteriorating mental state including delusional beliefs and bizarre behaviour. Ms Lacey also highlighted inconsistencies in the prosecution's evidence regarding the deceased garda's formal status. The trial continues with the judge's charge to the jury expected the following day.

Who, what, where, when and why

What: Report matter: 'Unsafe' to convict garda murder accused, defence tell jury. 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: sentence

When:

17 June 2020 Other
2022-11-09 Publication

Why: Ms Lacey urged the jury consider Dr Wright's statement that capacity is not absolute and that "just because someone behaves in a purposeful way in relation to a particular act… you can't simply infer from that that the person has capacity generally. CNI source report

Case subjects

Stephen Silver

Defendant

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

Outcome: By his fifth and final interview on the second day of his detention, Dr Wright described Mr Silver's behaviour as "bizarre, agitated, irritable and aggressive with evidence of grandiose delusions".