Courts / Roscommon / Report
'This is not trial by expert, this is trial by jury': garda murder trial jury begin deliberations
Summary
A jury at the Central Criminal Court has begun deliberations in the trial of Stephen Silver, charged with the murder of Garda Colm Horkan at Castlerea, County Roscommon on 17 June 2020. Mr Silver, aged 46 of Aughavard, Foxford, County Mayo, has pleaded not guilty to murder but guilty to manslaughter. Justice Tara Burns instructed the jury of twelve that possible verdicts include capital murder, murder, or manslaughter on grounds of diminished responsibility or self-defence. The central issue concerns Mr Silver's state of mind at the time of the shooting. Expert evidence was presented regarding whether Mr Silver's bipolar affective disorder was operant during the incident, with the defence and prosecution psychiatrists disagreeing on this point. The judge emphasised that the jury must determine the facts rather than defer to expert testimony. A unanimous verdict is required. Deliberations commenced at 3:40pm and will resume on Tuesday.
Who, what, where, when and why
What: Report matter: 'This is not trial by expert, this is trial by jury': garda murder trial jury begin deliberations. Charges or matters: murdering Garda Colm Horkan by shooting him 11 times with the garda's own gun; 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. "This case is somewhat unusual in that probability does come into play in respect of the defence of diminished responsibility. Procedural stage: trial
When:
- June 17, 2020 Hearing Or Sentence
- 2023-03-13 Publication
Why: Ms Justice Tara Burns today told the jury of of seven men and five women that the possible verdicts they could consider relate to capital murder, murder simpliciter, or manslaughter either because of diminished responsibility or self-defence. Defence account reported by CNI
Case subjects
Accused
Charges: murdering Garda Colm Horkan by shooting him 11 times with the garda's own gun; 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. "This case is somewhat unusual in that probability does come into play in respect of the defence of diminished responsibility (Alleged Or Contested)
Plea: Not guilty
Places mentioned
- Central Criminal Court
- Central Mental Hospital
Topics
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