Capital murder, murder or manslaughter are the verdicts open to the jury in the trial of Stephen Silver for the 2020 murder of detective in Roscommon.
The 46-year-old with an address in Foxford, County Mayo has pleaded not guilty to the capital murder of Garda Colm Horkan but guilty to his manslaughter by reason of diminished responsibility.
Following six weeks of evidence, Mr Justice Paul McDermott today began his instruction to the Jury of 7 men and 5 women, stating to them that ‘You are the judges of fact in this case, you are the decision-makers.’
Over the course of the day, the trial judge stated the differences between the verdicts describing capital murder as an ‘aggravated murder’, one done with the knowledge that the victim was a member of An Garda Siochána, or that the accused was reckless towards the risk they were a member. Mr Justice McDermott reminded the jury of the importance of their decision and how Mr Silver cannot be found guilty of capital murder or murder should they hold a reasonable doubt.
He described the incident as a ‘shocking case, that can give rise to feelings of prejudice’ but that any decision must ‘be based on evidence, not feelings or emotions.’ Instructing the jury, Mr Justice Paul McDermott reminded them that while it was the duty of the prosecution to prove their charge of
murder, the plea of manslaughter by reason of diminished responsibility also requires a burden of proof on the defence.
It was Judge McDermott’s charge that should it be found that Stephen Silver’s mental state at the time of the shooting was substantially diminished, then any verdict of capital murder or murder should be returned as manslaughter. Following legal instructions, the trial judge then began the process of reiterating evidence to the Jury ahead of their deliberations.
