The jury in the trial of a man accused of the murder a Garda in Castlerea two years ago has heard claims he 'knew the nature and quality' of his actions on the night of the shooting and 'was able to act in his own best interests'.
The claims were made by a former director of forensic psychiatry at the Central Mental Hospital.
Professor Harry Kennedy claimed that the accused, Stephen Silver, was familiar with 'enacting personal dramas where he had confrontation with gardaí' before eventually deescalating and ending the interactions. He referred to records of several incidents where the 46 year old was committed either voluntarily or against his will to various psychiatric units, with both medical and garda records showing several of these resulting in interaction with Gardaí.
Referring to the night of the fatal shooting, Professor Kennedy stated that Silver had an intact recollection of the events, was able to perceive his surroundings and understand the nature and quality of his actions. He claimed that the defendant displayed purposeful actions such as stepping back from the victim, aiming at his midsection and his decision not to fire the gun in the air.
He also believed the accused had the mental capacity to weigh up the extent of his cooperation with the orders of arresting Gardaí and act in his best interests. Stephen Silver has pleaded not guilty to the murder of Garda Colm Horkan on June 17th 2020 but guilty of manslaughter by reason of diminished responsibility. Day 20 of the trial will get underway this afternoon.
