Trial of man accused of murdering father enters closing stages

The jury at the trial of a young Cavan man accused of murder has been listening to closing speeches from the prosecution and the defence at the Central Criminal Court today.

Seamus Fitzgerald (aged 21) has pleaded not guilty to murdering his father James Fitzgerald (aged 56) in Lisgar, Baileborough, Co Cavan on January 8, 2006.

It is the prosecution’s case that Seamus strangled his father in the kitchen, dragged his body through a hallway to his bedroom, attempted unsuccessfully to take it out the window and then dragged the body back to the hallway, before stabbing him.

The prosecution say that Seamus did this to steal money from his father to buy a car.

Alex Owens SC, prosecuting, told the jury that the real issue in the case would be whether, at the time of the alleged murder, Seamus was suffering from a mental disorder which “substantially diminished his responsibility”.

Previously, the jury heard that Seamus suffers from Anti-Social Personality Disorder (ASPD). This results in a “callous unconcern for the feelings of others and a disregard for social rules and norms”.

Mr Owens said that because someone suffers from ASPD it “does not mean it is such to diminish responsibility for actions”.

“Money had a great deal to do with what happened, because the first thing Seamus did after strangling his father was empty his pockets of money.”

Patrick Gageby SC, defending, told the jury that the prosecution’s case was “relatively simple”.

“The prosecution is trying to tell you that this is a perfectly ordinary case where the son wanted money from the father and killed him.”

Mr Gageby asked: “Is the crime normal and is the criminal normal? The answer is no and no.”

“Seamus is marching to a different tune to all the rest of us.”

Mr Gageby said to the jury: “What I am asking you to do is to ask yourself was his decision to kill his father affected by his mental disorder.”

Earlier, Dr Ian Bownes, a consultant psychiatrist with the Western Health and Social Services Trust in Northern Ireland, gave evidence.

He told the jury that Seamus was “suffering from a mental disorder and a significant brain abnormality” at the time of the alleged murder.

Previously, the court heard that a scan revealed damage to Seamus’ brain.

Dr Bownes said that this “brain lesion”, as well as a number of tests carried out, means that Seamus has a number of “deficits” including an “abnormally low threshold for discharging aggression and an abnormally limited ability to appropriately contain negative feelings”.

He said that Seamus’ inhibitory mechanisms are “not as well refined and functioning as others of his age”.

“He tends to react in a knee-jerk way… Because of lack of appropriate control, there is likely to be an aggressive outburst.

“He is not suffering from a mental illness. It is a disorder of personality, a lack of order in his personality.”

The jury is expected to retire to consider their verdict tomorrow after being charged by Mr Justice Kevin O’Higgins.