Murder trial verdict: Byrne guilty but insane

A Dublin man has been found guilty but insane for the murder of his five year-old daughter in July 2000.

After almost four hours of deliberation, the jury returned its 10-2 majority verdict on James Joseph Byrne for the murder of Nicole Byrne at the family home at Cromcastle Drive Coolock on 6 July 2000.

The trial judge Mr Justice Carney directed that Mr Byrne be detained at the Central Mental Hospital Dundrum until the pleasure of the government be known.

Mr Byrne had pleaded not guilty to murder but admitted killing the child while suffering from depression. The father of two had strangled Nicole with a his own pajama cord.

The State psychiatrist, Dr Charles Smith had told the Central Criminal Court that Mr Byrne was suffering from a serious depression before, during and after the killing. He had no doubt that the killing was "illness-driven" and that it was a major contributor to Nicole's death. He said however, that his illness was not psychotic in nature.

During the four-day trial, the jury heard that Mr Byrne's illness coincided with Nicole becoming increasing difficult to handle. However, Dr Smith said that Mr Byrne had not been provoked by the child's behaviour.

The court heard evidence that after killing Nicole, he had tried to commit suicide. Serious depression carries with it a high risk of suicide and while the sufferer does not normally bring someone with him, it does unfortunately occur, according to Dr Smith's evidence.

The court heard that the reason for killing his daughter was so as not to leave his wife, Sylvia, with two children, one of whom was difficult. He believed that having to cope with Nicole and their 11-year-old son James would have proved an excessive burden for his wife, in the event of him having committed suicide.

Mr Byrne strangled his daughter on the morning of the 6 July 200 while his wife was at work in Cadbury's of Coolock. He then drove to Dollymount where he tried to drown himself and then drove to Blessington Lakes where he threw himself into the water but came back up again.

At the end of her evidence, Sylvia Byrne had told the jury that her family had been punished enough. She had stood by her husband throughout the tragedy, visiting him in Dundrum seven days a week for the first eight months of his detention.

In an emotional address, she said Nicole's dying would never leave her but "Jim loved her too." She was now trying to keep her family together.