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Declan O'Cualáin found not guilty of brother's murder by reason of insanity

By Fionn Kelly

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Declan O'Cualáin was found not guilty of his brother’s murder by reason of insanity at the Central Criminal Court. He pleaded not guilty to murdering his brother by reason of insanity. The proceedings were reported on 22 April 2016.

He was charged with murdering Adrian Folan at Lislorkin North, Liscannor, Co Clare, on 4 July 2014. The report said he strangled his brother with a bungee cord before hiding his body in a pit by the Cliffs of Moher.

Prosecution counsel Mr Anthony Sammon SC had told the jury that the accused held the baseless delusion that his brother may have sexually abused a sibling. He said the accused was in “an utterly delusional state of mind” and those delusions were “not to be given any weight whatsoever”.

Two consultant forensic psychiatrists gave evidence that he should not be held responsible for his actions and met the requirements for the special verdict. The jury of nine men and three women returned its verdict after 21 minutes of deliberations.

Ms Justice Heneghan ordered that he be committed to the Central Mental Hospital on 22 April 2016 and brought back before the court on 5 May.

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