The Court of Appeal has reserved its judgement in a challenge taken by Stephen Silver against his conviction for the capital murder of Detective Garda Colm Horkan.
Stephen Silver, of Foxford, Co Mayo, claims the trial judge didn’t direct the jurors adequately on one of the core issues of his defence.
Colm Horkan was shot dead while on duty in Castlerea in June 2020.
Stephen Silver disarmed him and then used the detective’s own gun to shoot him eleven times.
At trial, there was no dispute that he fired the shots.
The central issue was his state of mind.
The defence argued he was suffering from a mental disorder that significantly diminished his responsibility, but the jury rejected that.
Today’s appeal against his conviction for capital murder focused on how the trial judge directed the jury, particularly in relation to psychiatric evidence.
Silver’s lawyers say the jury should have been clearly told that mental illness can co-exist with purposeful behaviour.
The prosecution says the trial was fair and the jury was properly guided.
The Court of Appeal has reserved its judgment.
