Father on trial for murder of daughter was depressed

A Dublin father on trial for the murder of his five-year-old daughter suffered from serious depression before, during and after the killing, a State psychiatrist told the Central Criminal Court today.

Dr Charles Smith, medical director of the Central Mental Hospital Dundrum, said that the accused's illness "majorly contributed" to the killing. "I could see no other reason for it."

James Joseph Byrne, aged 44, of Cromcastle Drive, Coolock, Dublin, has pleaded not guilty to the murder of Nicole Byrne at the family home on July 6, 2000. The court has heard that the child was strangled to death with a length of pyjama cord.

Dr Smith told defence counsel Barry White SC that he examined the accused after his admission to Dundrum in July 2000 and he seemed "to have a clear cut depressive illness".

The witness said he was "pretty confident" that Mr Byrne's illness preceded the killing. Serious depression carries with it a high risk of suicide, and while the sufferer does not normally take someone with him, "it does occur unfortunately".

From a psychological evaluation of the accused, Dr Smith concluded that Mr Byrne "operated at the lower end of normal intelligence" and had poor coping skills.

In the marital relationship, he was the weaker partner although he was a good provider for his family. "All the information was positive in this family," he said.

Dr Smith said he had no doubt that the killing was "illness driven" and that he had not been provoked by the child's behaviour. Cross-examined by prosecution counsel Patrick Gageby SC, if it was "quite clear" that Mr Byrne knew what he was doing and that what he was doing was wrong, he replied "Yes".

Dr Smith said however, that the accused was not suffering from psychosis. If he had a more psychotic depression, "than one would feel happier about saying this death was related to that".

Prosecution counsel asked if, by reason of his illness, the accused could not stop himself from killing the child. "I think that was so, with a high degree of probability," Dr Smith replied.

The trial continues.