LAST UPDATE | 10 Feb 2023

STEPHEN SILVER, WHO is accused of murdering a Garda with his own gun, told a doctor that his mental health began to decline while Covid restrictions were in place and that Covid had “destroyed everything”, the Central Criminal Court has heard.

Dr Greg Kelly agreed with Silver’s defence lawyers that psychiatric services were restricted because of Covid and that one of the most important aspects of psychiatric care is having face to face care.

“It’s very important,” the doctor said. “Having phone consultations is no replacement for face to face.”

The trial jury also heard today that in the hours after his arrest, the accused refused an assessment from a psychiatrist, who told the court that Silver showed “no evidence of an active mental illness” when he assessed him.

“I thought there was no evidence of an active mental illness. That didn’t mean he doesn’t have one,” Dr William Monteiro told the jury. He added his main concern was whether Silver was fit to be interviewed.

Silver (46), a motorbike mechanic from Aughavard, Foxford, Co Mayo has pleaded not guilty to the capital murder of Garda Colm Horkan (49) knowing or being reckless as to whether he was a member of An Garda Síochána acting in accordance with his duty at Castlerea, Co Roscommon on 17 June 2020. He has pleaded guilty to manslaughter.

Sergeant Maura McGarry told James Dwyer SC, for the prosecution, she was on duty the day after Garda Horkan was killed and was with Silver when he requested to speak to his mother on the phone. The Garda said she telephoned Silver’s mother and was present in the room while he spoke to her.

While on the phone, the accused said he and James Coyne had been walking up the main street when “a suspicious looking Dublin car came up” and a “suspicious looking fella got out” and came up to them.

Silver then said: “He had a gun on him and he reached for his gun and I grabbed it and shot him. I didn’t mean to. Turns out he is a detective. F**k me.”

The court also heard that Silver declined to give his fingerprints while in custody, citing Covid-19 as the reason.

“He said ‘that’s what caused all this with the guard last night. Social distancing,’” Sergeant McGarry said.

The Sergeant told the jury that the accused spat at her through the hatch in the cell door and subsequently pulled his underwear down and spread his buttocks in front of some of her colleagues when they attempted to bring him for a shower.

Evidence from psychiatrist 

Earlier, the jury heard evidence from Consultant Psychiatrist Dr William Monteiro who said Silver refused a psychiatric assessment on the night he was arrested and told him “you are f**king joking, why should I tell you” when the doctor enquired why he was there.

Dr Monteiro told prosecution counsel Michael Delaney SC the accused showed “no evidence of an active mental illness” when he assessed him and displayed “a large measure of control”.

The psychiatrist said he interacted with the accused twice over a short period during which time the accused “refused to have very much to do with me”.

“The guard explained who I was and why I wanted to see him. He said ‘well I don’t know this man I don’t want to talk to him’. He was clearly switching me off so to speak and focusing on the guard,” the doctor told Delaney.

Dr Monteiro said he observed the defendant and his interactions with the guard for some time and noted that the accused was “clear” and “lucid” and “he could engage in normal conversation”.

“He interacted with the Garda in a reciprocal way. The guard would say something and he would respond. It was obvious he was lucid, he did not have clouded consciousness,” said the doctor.

Asked by Delaney to explain what “clouded consciousness” entails, the doctor said this is a situation where someone is somewhat unaware of the situation or themselves and can appear “vague perplexed, uncertain. The person is out of touch, if you like with reality. That is clouded consciousness.”

The psychiatrist said Silver showed no evidence of “thought disorder” and his eye contact was normal.

“I thought there was no evidence of an active mental illness. That didn’t mean he doesn’t have one,” Dr Monteiro said.

“I thought he had a large measure of control of himself. I felt, on balance, this is someone who could be interviewed. He could give an account of himself. He was quite able to make up his mind about what he wanted to do and not want to do but obviously I only saw him for a short space of time.”

In his second interaction with the accused, Silver asked the doctor his name and what he wanted from him. “I said I’m just interested in what brought you into here.”

Dr Monteiro added: “He basically said you’re fucking joking, why should I tell you? Then he demanded a solicitor and made it quite clear he wasn’t going to talk to me.”

Under cross examination, defence counsel Dominic McGinn put it to the consultant psychiatrist that his interactions with Silver were very limited and the accused had refused a psychiatric assessment.

“You use the term I spoke very briefly to him and he “appears to understand” that’s the language you are using. Because in fairness you didn’t see him for very long?” McGinn said.

Dr Monteiro said his main concern was if he had enough data to conclude Silver was fit to be interviewed.

“I felt I was seeing someone who had good control of their behaviour, good control of their intentions, full ability to interact with me and the guard,” he said.

Doctor

Earlier, the court heard Silver told a local doctor his mental health began to decline while Covid restrictions were in place and revealed he had been living in a shed prior to the fatal shooting of Garda Horkan.

Dr Greg Kelly, a Castlerea based GP, told the jury that Silver told him he was bipolar but had given up his medication.

He said the day after the shooting the accused appeared “elated” and “did not appear to have taken on the gravity of the situation”.

Dr Kelly told prosecution counsel James Dwyer SC Silver said he was living in a shed in Foxford and told him Covid had “upset his whole life”.

Silver also said he had “shot a Garda in self-defence” and “his mood and demeanour seemed wholly inappropriate for the situation he was in,” the doctor added.

The doctor agreed with Dwyer that the accused appeared “agitated” when he first spoke to him through a hatch door in the early hours of 18 June 2020 but said Silver was also “lucid” and “coherent”.

“He said to me ‘I was just going for pizza with James Coyne’ and made some reference to going to jail and something about a gun,” Dr Kelly said.

The accused requested Valium but the doctor did not have any and instead gave him 50mg of Seroquel, an anti-psychotic drug. The doctor said Silver requested a glass of water and then asked for a second one “because he thought the first one was poisoned”.

Dr Kelly said he spoke to Silver again at 3pm on 18 June and found him less agitated and distressed.

“If anything, he appeared elated and he did not appear to have taken on the gravity of the situation.” The doctor spoke to Silver at lunchtime the following day and told gardaí that the accused was fit to be interviewed. “He told me ‘I’ll be out of here this evening’”, Dr Kelly added.

Under crossed examination from Dominic McGinn, Dr Kelly said he had been a practicing GP for 47 years and prior to that he had worked in a psychiatric hospital.

Asked if Silver presented differently on each of the occasions he spoke to him, Dr Kelly said the accused was “much calmer and meek” on the second and third occasions.

“I thought it was a peculiar reaction for a man in his situation, he seemed quite calm and said he’d be out of here by the afternoon,” adding Silver was upset the gardaí weren’t getting him tea he had requested.

“I thought it was an extraordinary attitude to have.”

Dr Kelly agreed with McGinn that there was a “marked difference” to the first and second time he saw the accused. “The first time I saw him he was very agitated and had been banging his head off the cell wall,” he said.

The doctor said the fact Silver believed the first glass of water he had been given was poisoned suggested “a high state of delusion”.

Dr Kelly confirmed to McGinn that during his interviews with Silver it transpired that the accused had been under psychiatric care for a long time but “the level of care had dissipated because of covid restrictions”.

The doctor said Silver had told him: “Covid ruined everything, or destroyed everything in his own words.”

He agreed with McGinn that psychiatric services were restricted because of Covid and that one of the most important aspects of psychiatric care is having face to face care.

“It’s very important,” the doctor said. “Having phone consultations is no replacement for face to face.”

The trial continues on Monday before Ms Justice Tara Burns and the jury of seven men and five women.

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