Courts / Roscommon / Report

'This is not trial by expert, this is trial by jury', judge charges

Summary

At the Central Criminal Court, Mr Justice Paul McDermott has instructed the jury in the trial of Stephen Silver to apply common sense when evaluating conflicting psychiatric evidence regarding the accused's mental state. Mr Silver, aged 46, a motorbike mechanic from Aughaward in Foxford, County Mayo, denies murdering Detective Garda Colm Horkan at Castlerea, County Roscommon on 17 June 2020. He has pleaded guilty to manslaughter by reason of diminished responsibility. The defence psychiatrist testified that Mr Silver suffered from bipolar affective disorder at the time of the shooting, whilst the prosecution's expert disagreed. The judge clarified that jurors are not bound by expert testimony and may prefer one account over another. He explained that if they find Mr Silver guilty of unlawful killing with the requisite intent, they must then determine whether his responsibility was substantially diminished by mental disorder. The judge emphasised this remains a question of fact for the jury to assess using common sense alongside all evidence presented. Stephen Silver pleaded not guilty.

Who, what, where, when and why

What: Report matter: 'This is not trial by expert, this is trial by jury', judge charges. 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 Roscommon on 17 June 2020. Procedural stage: trial

When:

• 17 June 2020 Other
• 2022-11-10 Publication

Why: He told them that this is not "trial by expert, this is trial by jury" and if they are satisfied that Mr Silver murdered Gda Horkan they must then determine whether his responsibility for the killing was substantially diminished because of a mental disorder. CNI source report

Case subjects

Places mentioned

Topics

Stage Trial Violent Crime

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Read the original CNI report