Mr Silver, of Foxford, County Mayo has plead not guilty to Capital Murder but guilty of manslaughter due to diminished responsibility.
The jury of 7 men and 5 women this morning heard evidence from Gardai at the scene during the shooting.
Arresting Garda Helen Gillen told the court that following a report from command and control they attended the Knockroe area of Castlerea due to complaints from the residents of dangerous driving. Garda Helen gillen and Garda Aidan Fallon, who were in Tulsk at the time, began the 15 minute journey to Castlerea. On arrival to the estate, the Gardai did not notice any suspicious behaviour and left to conduct bail checks elsewhere in the town.
On driving through Castlerea, Garda Gillen stated they passed two men grappling at the junction of Barrack Street and St Patrick's Street, with a third man close to them. As they stopped to investigate, the Garda stated they heard gunshots before describing one of the men struggling, as taking several steps back before collapsing. In her statement to the court, Garda Gillen said the accused then walked with pace up to the victim and shot him a number of times on the ground.
In her evidence this morning, she described Stephen Silver as throwing the gun away and retreating back to the footpath. In approaching the accused, Gardai ordered Mr Silver to get on the ground, which he complied with. In reply to Garda orders, it's claimed the accused responded with 'he was going to attack me, that man had a gun'. He was arrested at the scene at 11.57 in connection with possesion of a firearm and discharge of same.
