A jury has been asked to consider whether a man who strangled and beat his mother to death is attempting to "pull the wool" over their eyes by pretending he was suffering from psychosis to secure a verdict of not guilty by reason of insanity.
In his closing speech for the prosecution in the trial of Billy Burns (55 and formerly of Arlington Lodge, Tralee), Sean Guerin SC said the accused's history of aggressive and abusive behaviour towards his mother, Miriam Burns (75), is not explained by psychiatric illness. Mr Guerin suggested that the real cause of Mr Burns's violence on the day he killed his mother was his abuse of drugs and alcohol in the lead-up to the killing and that he was annoyed.
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Anthony Sammon SC, for the defence, said that a consultant psychiatrist called by the prosecution had not effectively countered the opinion given by Dr Eugene Morgan that the accused was so mentally unwell when he killed his mother that he did not understand what he was doing, did not know it was wrong and was unable to refrain.
Ms Burns was found dead at her home at Ardshanavooley, Killarney, Co Kerry on August 15, 2022,when her other family members asked neighbours to check on her. The prosecution alleges that Mr Burns, who has pleaded not (NOT) guilty by reason of insanity, inflicted the fatal injuries on August 12 or 13.
Mr Guerin reminded the jury of the pathology evidence showing that Ms Burns was manually strangled to death and suffered multiple blows to the head, breaking her nose and causing bruising and abrasions.
Such injuries, he said, could only be inflicted with the intention to kill or cause serious injury unless the accused meets the test for the special verdict of not guilty by reason of insanity.
It is accepted, Mr Guerin said, that the accused has a diagnosis of bipolar affective disorder and at the time he killed his mother, he was hypomanic or manic. He was also "in the throes of a significant drug and alcohol binge," Mr Guerin said, after a long history of drug and alcohol abuse.
The issue for the jury to consider is the consequence of Mr Burns's mental disorder and whether it was such that it removes criminal responsibility, Mr Guerin said.
Mr Guerin reminded the jury that Dr Morgan, a consultant psychiatrist called by the defence, was Mr Burns's treating psychiatrist and accepted that it was "inadvisable" for a treating doctor to express an expert opinion in court.
Dr Morgan also said that he had not asked the accused about his mother's killing because he didn't want to be put in a position where he might have to give evidence against him in court.
Mr Guerin said the doctor-patient relationship prevented Dr Morgan from asking the accused for information that might have helped him to form his expert opinion. He also did not view videos of Mr Burns's garda interviews, which showed his physical condition and behaviour close to the time of the offence.
Dr Stephen Monks, a consultant psychiatrist called by the prosecution, did ask Mr Burns about the killing and viewed the videos of his interview. Those facts, Mr Guerin said: "Add significant value and weight that are not available to support the opinion of Dr Morgan."
Mr Guerin reminded the jury that the accused told Dr Monks that he heard voices telling him to kill his mother. Dr Monks found that Mr Burns had no history of auditory hallucination and told nobody else that he was hearing voices at the time of the killing.
Mr Guerin said: "You have to consider whether Mr Burns was constructing a pretence of insanity to explain his offending behaviour... a pretence of psychosis in the hope of securing the verdict that he now asks you to return."
Mr Guerin told the jury that they must decide whether this was a "transparent attempt to pull the wool over your eyes" and suggested that it shows that Mr Burns knows he is not entitled to the special verdict and has sought to create a false basis for it.
For a finding of not guilty by reason of insanity, Mr Guerin told the jury they must be satisfied not just that the accused had a mental illness. They must also find that he did not understand the nature and quality of his actions, or did not understand that it was wrong or was unable to refrain from killing his mother.
Mr Guerin said comments made by the accused to psychiatrist Dr Mary Davoren, in which he complained of being 'framed' for his mother's killing, showed that he "fully understood what murder was, what killing another human was and that it was wrong".
Mr Guerin said further evidence of his level of understanding could be gleaned from Mr Burns's denial to gardai of any involvement in his mother's killing and lies he told about his movements on the day.
Mr Guerin said that earlier on the day of the killing, the accused argued with his mother over money and verbally abused her as he slammed the door while leaving her house. To return the special verdict, the jury would have to be satisfied that he did not kill his mother "simply because" he was annoyed with her, counsel said. Mr Guerin also asked the jury to consider whether the cause of Mr Burns killing his mother was his long term abuse of drugs and alcohol rather than mental illness.
Anthony Sammon SC said the jury ought to be concerned about the evidence of Dr Monks. He pointed out that the accused had told Dr Monks that he stabbed his mother and slit her throat, an account of the killing that Mr Sammon said was not in accordance with reality. The purpose of having a consultant psychiatrist give evidence, Mr Sammon said, is to assist the jury, yet he made no comment about Mr Burns's statement. "You get no assistance from Dr Monks on this elephant in the room. Why does this man come up with a version of events that does not accord with reality?"
Mr Sammon said the question of whether this incorrect version of events could be evidence of mental illness "could, should and ought to have been teased out by Dr Monks".
Mr Sammon said the accounts of neighbours who remarked on Mr Burns's 'frenetic' appearance in the days before the killing is further evidence that he was suffering from a mental disorder.
Mr Sammon said Ms Burns's death would cause any right-minded person "a great deal of trouble" but they must not allow themselves to be swayed by sympathy.
He added: "A great tragedy has been laid out before you and a lovely person has been lost, but don't let that sweep you away."
Ms Justice Karen O'Connor will continue her charge to the jury of eight men and four women tomorrow (THU).
