Stephen Silver claimed Garda Colm Horkan would be alive if he had 'stayed in the car'

Jury watched footage of a fifth and final garda interview with the accused

Stephen Silver (pictured) made several derogatory comments about the deceased garda at various times in footage from a fifth and final interview with gardaí. File picture: Michael McCormack/PA

Stephen Silver, who is on trial for capital murder, claimed Garda Colm Horkan wouldn’t be dead if he had “stayed in the car”, the Central Criminal Court has heard.

In footage from a fifth and final interview viewed by the jury on Tuesday, the accused also made several derogatory comments about the deceased garda at various times referring to Garda Horkan as a “pr**k”, a “t*ssp*t” and “a d*rtb*g”. Mr Silver can be seen becoming increasingly agitated as the interview progresses and at one point states: “He wouldn’t be f**king dead now, would he, if he’d stayed in the car.” 

Mr Silver (46), from Aughavard, Foxford, Co. Mayo, has pleaded not guilty to the murder of Garda Horkan (49) knowing or being reckless as to whether he was a member of An Garda Siochana acting in accordance with his duty at Castlerea, Co. Roscommon, on June 17, 2020. He has pleaded guilty to manslaughter and the jury have been told the main issue in the trial is Mr Silver's state of mind at the time of the shooting.

On Tuesday morning, Michael Delaney SC told the jury they would view further video footage from the fifth interview on June 19, 2020. In the footage, Detective Inspector Brian Hanley put it to the accused that Garda Horkan had identified himself as a garda and had told Mr Silver he was arresting him for assault. He said Mr Silver was also aware of the gun and holster the garda was carrying.

“So how can you say you didn’t know he was a garda?” Det. Insp, Hanley asked. Mr Silver remained silent. When asked if he had ever met Garda Horkan before, Mr Silver can be heard on the video singing “We Have All The Time In The World” and making reference to “Detective Garda Henry Hippo and Paddy Farrell”.

Mr Silver is then asked if he recalls meeting Garda Horkan in October 2003 to which he replied: “I do in my h*le”. When told that Garda Horkan was there to escort him to Roscommon General Hospital, Mr Silver said: “Do you know how many guards have escorted me in my lifetime?” 

He then added: “A little dirt bag like that got shot with his own f**king gun” before stating “all I did was disarm him.” Mr Silver goes on to refer to Garda Horkan as a “pr**k” before adding: “He wouldn’t be f**king dead now, would he, if he’d stayed in the car... I warned ye. Day in day out, same sh*te. I’ve better things to be doing.” 

Mr Silver remained silent when Det. Insp. Hanley asked if he was angry with the guards over what happened to James Coyne and told him they have watched the clips that he [Mr Silver] had watched related to the search at Mr Coyne’s house. “Is that why you shot and killed Colm Horkan?” the detective inspector said.

“James said to you that they were too powerful, and you said to him that no one was going to hurt him again. That they’re not too powerful.” Mr Silver does not reply.

Sergeant O’Shea told the court Detective Garda Colm Horkan (pictured) was “a competent individual with a firearm”. File picture

The interviewer put it to Mr Silver that each time he had recounted what happened, he had told gardaí that Gda Horkan had “put his hand on your hand right before he said ‘James’”. The Det. Insp. added: “But all other acts of aggression in that struggle were from you. You indicated you punched him with your fists, you indicated you hit him with the butt of a gun.” 

Det. Insp. Hanley said Mr Silver had told gardaí that once he had possession of the gun, he came away from the garda and there was a distance of about a metre between them. “You could have walked away then Stephen, but you didn’t. Why?” 

He continued: “Why are we having a State funeral for Colm Horkan when he should be home with his family, and you should be home with your family but you’re not. You’re here as a result of your actions and Colm Horkan is dead as a result of your actions.” 

He pointed out Gda Horkan had told the accused he was a garda three times. The Det. Insp. said the garda had told Mr Silver he was going to arrest him and he had seen the firearm holster on his hip.

“Who else has a firearm in a holster? Guards. You knew he was a guard.” Mr Silver remained seated and silent and did not respond.

Garda testimony

Detective Inspector John Costello of Roscommon Garda Station, who was assigned as the Senior Investigating Officer on the case, confirmed to defence counsel Dominic McGinn SC that Mr Silver had one previous conviction for having no insurance, dating back to February 2000.

Sergeant Michael O’Shea gave evidence to Michael Delaney SC that he carried out firearms training with Garda Horkan in 1999 and 2002.

Sergeant O’Shea told the court Garda Horkan was “a competent individual with a firearm”. He also outlined to the court refresher training he had undertaken with Garda Horkan in January and May 2020 in both live training and Firearms Training Systems (FATS).

Emma O’Farrell statement

A number of witness statements were read to the court by Cathal Ó Braonáin BL, for the prosecution, including one from Emma O’Farrell who resided at the time in an apartment above a shop on Main Street, Castlerea.

In her statement, Ms O’Farrell said her bedroom window looks out onto the main street. She said she went to bed at 11.50pm and just as she got into bed she heard shouting that was “loud and frantic”.

She said shortly after, she heard a gunshot followed by further shots which came “really fast” one after another. Ms O’Farrell said she could see a male and a female garda on the street and she could hear the female garda telling someone to get on the ground.

“I remember hearing the words if he wasn’t wearing a uniform why was he carrying a gun,” Ms O’Farrell said in her statement, adding she also heard the same voice say, “he pulled a gun at me”.

The witness said she could hear the male voice getting “emotional” and then heard him say: “It was such a good night up until this.” She also told gardaí she heard the male voice say his name was Stephen Silver before he shouted for help and said: “I don’t know these people”.

The prosecution case concluded on Tuesday afternoon and the trial will continue on Wednesday before Ms Justice Tara Burns and the jury of seven men and five women.