Courts / Galway / Report

Galway man who strangled brother with bungee cord found not guilty of murder by reason of insanity

Date
2016-04-22
Stage
Finding
Primary locality
Galway
County
Galway

Summary

A 41‑year‑old Declan O'Cualain was found not guilty by reason of insanity for strangling his brother Adrian Folan with a bungee cord on 4 July 2014. O'Cualain, who lived in An Caoran Beag, An Cheathru Rua, Co Galway, was charged with murder after the body was discovered concealed under rocks near the Cliffs of Moher, Co Clare. He pleaded not guilty by reason of insanity, and after 21 minutes of deliberation a jury of nine men and three women returned that verdict. The judge, Justice Margaret Heneghan, exempted the jury from further service for 15 years and ordered O'Cualain to be committed to the Central Mental Hospital. The court heard forensic psychiatrists confirmed he was in an acute manic psychosis state, unable to appreciate the nature of his actions. The case was heard at the Central Criminal Court on 22 April 2016.

Who, what, where, when and why

What: Report matter: Galway man who strangled brother with bungee cord found not guilty of murder by reason of insanity. Charges or matters: murdering Adrian Folan (O'Cualain) at Lislorkin North, Liscannor, Co Clare on July 4 2014; murdering Mr Folan by reason of insanity. Procedural stage: finding. Findings: Not guilty by reason of insanity

When:

Why: Mr O'Cualainn also told gardai he was consumed by what Adrian had done and his motive for killing him was because he was a "paedophile. CNI source report

Case subjects

Declan O'Cualain

Accused

Charges: murdering Adrian Folan (O'Cualain) at Lislorkin North, Liscannor, Co Clare on July 4 2014; murdering Mr Folan by reason of insanity (Alleged Or Contested)

Plea: Not guilty

Finding: Not guilty by reason of insanity

Outcome: Not guilty by reason of insanity

Places mentioned

Residence
Court Venue
  • Central Criminal Court
Facility
  • Central Mental Hospital
  • Limerick University Hospital
  • Mr O'Cualain's house
Garda Station
  • was attached to Ennis Garda Station
  • Ennis
  • O'Cualain also rang Athlone Garda Station
  • Athlone
  • of interviews at Galway Garda Station
  • Galway
  • Paudie O'Shea from Salthill Garda Station
  • Mr O'Cualain in Galway Garda Station
Incident
Address Area
  • Headford Road

Topics

Stage Finding Violent Crime

Related court reports

Read the original CNI report

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