Courts / Roscommon / Report

'No rational basis or motivation' for shooting garda, defence tell murder trial jury

Date
2023-03-10
Stage
Trial
Primary locality
Castlerea
County
Roscommon

Summary

At the Central Criminal Court, defence counsel Dominic McGinn SC argued during closing submissions that Stephen Silver's shooting of Garda Colm Horkan at Castlerea, County Roscommon on 17 June 2020 was not a rational act and should prompt questions about his mental capacity at the time. Mr McGinn told the jury that Mr Silver's behaviour in custody was erratic, including urinating in his cell and banging his head against walls, suggesting limited social functioning. He contended that the accused was experiencing a relapse of bipolar affective disorder when the incident occurred. Expert evidence was divided: consultant psychiatrist Professor Harry Kennedy maintained mental illness played no part in the shooting, while Dr Brenda Wright, interim clinical director at the Central Mental Hospital, concluded Mr Silver's mental illness was a significant factor. Mr Silver has pleaded not guilty to murder but guilty to manslaughter. The trial, at the Central Criminal Court, continues with the judge's charge to the jury expected on Monday.

Who, what, where, when and why

What: Report matter: 'No rational basis or motivation' for shooting garda, defence tell murder trial jury. Charges or matters: the murder of Gda Horkan knowing or being reckless as to whether he was a member of An Garda Siochana acting in accordance with his duty at Castlerea, Co Roscommon on June 17, 2020; manslaughter and the jury have been told the main issue in the trial is Mr Silver's state of mind at the time of the shooting. Procedural stage: trial

When:

Why: "There's apparently no rational basis or motivation for what happened so the very act of shooting Garda Horkan should raise questions about his mental capacity because it doesn't make sense,' he said. CNI source report

Case subjects

Unnamed accused

Accused

Charges: the murder of Gda Horkan knowing or being reckless as to whether he was a member of An Garda Siochana acting in accordance with his duty at Castlerea, Co Roscommon on June 17, 2020; manslaughter and the jury have been told the main issue in the trial is Mr Silver's state of mind at the time of the shooting (Alleged Or Contested)

Plea: Not guilty

Places mentioned

Court Venue
  • Central Criminal Court
Garda Station
  • to gardaĆ­ in the garda station
  • he did in the garda station
Facility
  • Central Mental Hospital
Secondary Mention

Topics

Stage Trial Violent Crime

Related court reports

Read the original CNI report

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