Jury hears closing speeches in lawn-murder case

A jury hearing the trial of a man charged with murdering a Cavan woman has heard closing speeches from the prosecution and defence but will not retire to consider their verdicts until Monday.

Brendan McGahern, (aged 28), with an address at Corlismore in Co Cavan has pleaded not guilty to the murder of Amy Farrell at Glenlara, Cavan, on January 20, 2006, but guilty to her manslaughter by way of diminished responsibility.

The Director of Public Prosecution, represented by Mr Alex Owens SC, has refused to accept his plea.

Mr Owens told the jury of eight men and four women to put aside any prejudices or preconceptions they may have about mental illness.

He said they were to look at all the evidence presented to them and not just think - “only a mentally ill person would do such a horrible deed.”

Miss Farrell, a mother of one, was stabbed to death on her front lawn.

McGahern’s defence says he was labouring under a mental disorder at the time that substantially diminished his responsibility for the killing.

In relation to diminished responsibility Mr Owens said it was up to McGahern’s defence to prove he was mentally ill at the time of the killing that was such that it substantially diminished his responsibility.

He said, the prosecution case was, McGahern certainly had a learning disorder that he had suffered from his whole life.

“It is the prosecution case that this particular disorder was not, sort of speak, a substantial feature in this particular case,” Mr Owens said.

Psychiatrists had given evidence McGahern had some features of anti-social personality disorder but said he did not display the callousness or lack of empathy that is also associated with it.

There was also evidence McGahern had suffered from depression in the past but both psychiatrists had said he did not appear to be suffering from depression at the material time, although they had only been able to view garda video interviews after the killing because McGahern would not co-operate.

“Mr McGahern is capable of turning on and off the anger and aggression at will,” Mr Owens said.

“The prosecution say he is capable of making choices in his life. Making firm choices and sticking with those choices.”

Mr David Kennedy SC for the defence said McGahern was not capable of managing his life without his parents.

He was easily led and as his mother Eileen had told the court, was led on a string by his friend, Brendan Kelly.

Miss Farrell gave evidence against Kelly in the Virginia District Court the day before McGahern killed her.

Kelly had been sentenced to 16 months in prison for assaulting her and stealing two of her cars.

McGahern had many problems, Mr Kennedy said.

Psychiatrists had given evidence he needed to go into a special programme in 2003 but it was not available in Ireland at the time.

His parents had tried to get help for him but nothing had been forthcoming.

Mr Kennedy said if it had been McGahern may not be in the position he now found himself in.

“He’s slow, he’s crazy. This man clearly has a lot of problems that are not his responsibility.”

He said McGahern could not survive on his own and he jumped to Kelly’s every demand.

“He’s his own worst enemy in this case, his own doctors want him to undergo tests and he refuses.”

He said McGahern’s mental illness, all that had happened to him throughout his life and the influences he came under meant the killing was not entirely his responsibility.

“When you look at all this together with, not withstanding what the prosecution say, there is something not quite right about the whole situation. It’s clear that Brendan McGahern is not right in his head.”

“He has pleaded guilty to manslaughter with diminished responsibility. All he says is that he did not murder the person that it was not entirely his responsibility.”

Mr Justice Paul Carney began charging the jury yesterday afternoon.

He said court would not be sitting on Friday so he would complete his charge and the jury would retire to consider their verdicts in the case on Monday.

The trial continues.