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'Intolerable' for garda's family to have impasse in Stephen Silver appeal 'drag on', judge says

Date
2025-05-12
Stage
Appeal
Court
Court of Appeal
Primary locality
Foxford
County
Mayo

Summary

The Court of Appeal has adjourned proceedings in the appeal against the conviction of Stephen Silver, who is serving a life sentence with a 40-year minimum term for the capital murder of Detective Garda Colm Horkan. Silver, a 48-year-old motorbike mechanic from Foxford, Co Mayo, pleaded not guilty to the murder of Det Gda Horkan, alleging he was reckless as to whether the victim was a garda acting in the course of his duty. He had previously pleaded guilty to manslaughter at Castlerea, Co Roscommon, on June 17, 2020. The jury found him guilty of murder, rejecting defences of self-defence and diminished responsibility. During the current appeal hearing, counsel for Silver stated that the legal team is unable to advance the appeal due to an impasse in obtaining crucial psychiatric disclosure from the Director of Public Prosecution (DPP). Counsel described the situation as a "brick wall" and argued that the psychiatric evidence is a critical issue, particularly regarding Silver's bipolar affective disorder. Mr Justice John Edwards noted that the coroner for County Roscommon cannot complete the inquest into Garda Horkan's death until the appeal is determined. The judge described the delay as "intolerable" for the victim's family and stated that the matter "cannot drag on." Proceedings were adjourned to a case management list on June 20, with the judge indicating that a motion could be brought if the logjam persists.

Who, what, where, when and why

What: Report matter: 'Intolerable' for garda's family to have impasse in Stephen Silver appeal 'drag on', judge says. Charges or matters: the murder of Det Gda Horkan knowing or being reckless as to whether he was a member of An Garda Siochana acting in accordance with his duty; manslaughter at Castlerea, Co Roscommon on June 17th, 2020, and the jury was told the main issue in the trial was Mr Silver's state of mind at the time of the shooting. Procedural stage: appeal

When:

Why: His defence at his second trial was that he could be found guilty of manslaughter either because he believed he was acting in self defence but used excessive force or because his responsibility was significantly diminished due to a mental disorder. Defence account reported by CNI

Case subjects

Stephen Silver

Appellant

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

Plea: Not guilty

Outcome: Photo: Collins) Lawyers representing Stephen Silver, who is serving a 40-year sentence for the capital murder of Detective Garda Colm Horkan, have said they are unable to advance an appeal against his conviction as they have "hit a brick wall" in obtaining what they argue is crucial disclosure from the DPP relating to psychiatric evidence. Silver, who killed Gda Horkan by shooting him 11 times with the garda's own gun, was jailed for life with a minimum time to be served of 40 years by a judge at the Central Criminal Court in April 2023.

Places mentioned

Court Venue
  • Court of Appeal
  • Central Criminal Court
Residence
Secondary Mention
Facility
  • Central Mental Hospital

Topics

Stage Appeal Violent Crime

Related court reports

Read the original CNI report

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