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Stephen Silver appeals murder conviction over psychiatric evidence

By Fionn Kelly

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

Stephen Silver has appealed his conviction for murdering Detective Garda Colm Horkan, arguing that prosecution psychiatric evidence conflicted with the legal test for diminished responsibility under the Criminal Law (Insanity) Act 2006. His counsel said the trial judge should have explained that an ability to form intent does not rule out that defence. The Director of Public Prosecutions’ counsel argued the judge’s directions were appropriate and that the jury had been told to consider all the evidence. The Court of Appeal reserved judgment.

At trial, psychiatrist Dr Brenda Wright said Silver’s bipolar disorder had relapsed and contributed significantly to his actions. Prosecution expert Professor Harry Kennedy disagreed, citing Silver’s purposeful actions as evidence of functioning mental capacity. Silver was convicted of capital murder and sentenced in April 2023 to life imprisonment, with a minimum term of 40 years.

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