Sign in. It’s quick, free and it’s up to you.
An account is an optional way to support the work we do. Find out more.
Updated 21.21
A KILKENNY MAN who stabbed shop worker Mairead Moran to death at her workplace has been found not guilty of her murder by reason of insanity.
The trial heard that Shane Smyth (29) believed Mairead Moran had stolen a “vial of his blood” and had “installed hidden cameras” and put “black widow spiders” in his house.
Mr Smyth, with an address at McGuinness House, Evans Lane, Kilkenny was charged with murdering Mairead Moran (26) on 8 May 2014 at the Market Cross Shopping Centre in Kilkenny City.
Last week at the Central Criminal Court Mr Smyth pleaded not guilty to murdering Ms Moran by reason of insanity.
Opening the case for the prosecution last Tuesday, Mr John O’Kelly SC called James Coffey, who was working as a security guard in the Market Cross Shopping Centre on 8 May.
The court heard a cleaner in the shopping centre called out to Mr Coffey and pointed in the direction of Mairead Moran who was standing in the doorway of Holland and Barrett “crying and looking very upset”.
Mr Coffey agreed with counsel that Ms Moran told him that Mr Smyth had accused her of “kidnapping him and stealing his blood.”
The court heard Mr Coffey told Mr Smyth he had upset the girl and he had to leave the shopping centre.
Shortly afterwards Coffey got another call on his radio.
“All I heard on the radio was Holland and Barrett, I heard the girl crying out ‘Oh my god, Oh my god, I don’t believe it,’” said Mr Coffey.
The witness agreed with Mr O’Kelly that Mairead Moran was slumped at the door of the shop and Shane Smyth was standing a couple of feet away.
The court heard it was only when Mr Coffey pushed Mr Smyth back did he see a “bloodied knife in his hand” and shouted at the accused to drop the knife.
The witness agreed with counsel that there was “a complete blank look on his face” and “he was stone faced.”
Paranoid schizophrenia
The jury had been told that the facts of the case were not disputed and last week forensic psychiatrist Dr Brenda Wright gave evidence that Mr Smyth was suffering from severe paranoid schizophrenia at the time.
She told the court she had prepared a psychiatric court report on behalf of Mr Smyth at the request of the Director of Public Prosecutions.
Dr Wright noted that Mr Smyth’s maternal grandfather had suffered from schizophrenia, while an uncle also had mental health problems.
Concerning his use of intoxicants Dr Wright said Mr Smyth began drinking regularly and started to use cannabis from the age of 13.
Regarding Mr Smyth’s relationship history Dr Wright said he had begun a relationship with Mairead Moran when he was 19 years of age and she was 17 years of age.
Dr Wright diagnosed Mr Smyth with “paranoid schizophrenia” and told the court Mr Smyth did not have the capacity to form intent because of his mental disorder and did “not understand the nature and quality of his actions at the time”.
“He believed Ms Moran was part of a conspiracy and he harboured a moral justification for his actions. He was unable to refrain from acting like he did,” said Dr Wright.
A second forensic psychiatrist Dr Paul O’Connell from the Central Mental Hospital also gave evidence that the accused was suffering from schizophrenia and was “not capable of forming a specific intent”.
Today in her charge to the jury Ms Justice Margaret Heneghan said there were three possible verdicts open to them in this case but the verdict of “not guilty by reason of insanity” would be in accordance with the lengthy evidence they had heard in the case.
“The law requires that you must make a finding of fact in this case and a verdict other than the verdict of not guilty of murder by reason of insanity means you would be rejecting the evidence of the two psychiatrists,” said the judge.
Unanimous
Finishing her charge Ms Justice Heneghan said the “evidence in this case all points one way”.
The jury of three men and nine women spent 55 minutes deliberating today before bringing in a unanimous verdict of not guilty of murder by reason of insanity.
After they had delivered their verdict, the judge thanked the twelve jurors for their time as they had been longer in court “than anticipated” and excused them from jury service for the rest of their lives.
Ms Justice Heneghan addressed the jury saying:
You have performed a critical task. It has been a difficult trial and some of the elements were extremely upsetting and disturbing. It is a difficult duty you have carried out and I thank you for the attention you have given this trial.
At the request of prosecution counsel Mr John O’Kelly SC, Ms Justice Heneghan ordered that Mr Smyth be detained in the Central Mental Hospital and put in the matter for 15 February.
Finally, the judge said that at the commencement of the case she asked for cooperation of everyone, which she said she received at all times.
“There are two families involved and I can only extend my sympathy and those of the registrar to Mairead Moran’s family. It has also been a difficult trial for members of the Smyth family and I thank that family for having behaved as to how I asked them to in court,” she said.
Originally published 16.47
To embed this post, copy the code below on your site
I’m honestly shocked that this is not a matter of practice already, and that it had to be fought for.
Imagine the heartbreak of losing your partner in childbirth and being told you weren’t automatically entitled to a inquest?
@Abbie Cranky: I am not shocked at all to be honest, this is the country we live in, we vote for corrupt parties and we get a corrupt system because of this its very simple.
@Peter Hughes:
Fine Gael increasing their percentage of the vote despite the many health scandals happening on their watch.
One could easily despair of the myopia of the electorate if one was so inclined.
@Jimmy Coltrane: They’re not really though.Its all “within margin of error” stuff and when broken down doesn’t mean they’d be returned to government. If it did we’d have an election next September..
Shocking that it isn’t already the rule, I guess it’s part of the old Ireland, at least we do make some progress in some areas.
Well done to Claire Daly, it’s excellent legislation and well done to her for proposing it and for persisting with it for 3 years since 2015. Some people are quick to criticize her but she does excellent work and doesn’t deserve the grief some people give her. You might not always agree with her politics but you cannot argue with her work rate and she is the exception in a bunch of lazy and incompetent ministers.
Just waiting to see which Total Dichs oppose this.
@Ixtrix Net: Mattie McGrath step on down…
@Ixtrix Net: The new rules requiring the prompt treatment of sepsis will prevent a case like Savita’s happening ever again.
@Tom Molloy: Removing a septic foetus would have helped.
@Tom Molloy:
that’s a good thing, but, some thing should be pro-active, not , retro-active
@Ciara Ni Mhurchu: Savita lived for three days after the spontaneous miscarriage. No medic has said that an abortion would have made any difference to the out of control sepsis. Sepsis causes multiple organ failure, removing any one would not “cure” the sepsis nor would the removal of the fetus.
@Tom Molloy: Well Tom, thats just not true. A former Master of Holles St, a man at the top of his field said that early intervention, in this case abortion, would likely have prevented sepsis.
Can we stick to the truth please?
8 women all died by medical negligence yet only one name will stand out for most . Shameful.
@Siobhán Ni Mhurchú: No, they died because they were prevented from accessing abortion here at home.
How many can you name?
@Ciara Ni Mhurchu: Great to hear there are no sepsis related maternal deaths in the UK where abortion has been legal for years…..oh wait…
@Ciara Ni Mhurchu: did you even read the article?
I wonder where would women’s voices be heard without @ClareDalyTD?
What if the family don’t want the death reported. This is often the case in suicide or OD.
Clare Daly is a beacon in a sea of …. (express exasperation here)
@Shawn O’Ceallaghan: suicide and OD would always be reported. This is about death during or shortly after childbirth.
have your say