Ryan Dunne
A jury at the Central Criminal Court has failed to reach a verdict in the trial of Stephen Silver, who accepts that he shot Detective Garda Colm Horkan 11 times but denies his murder.
The jury were asked to consider whether Mr Silver was suffering from bipolar affective disorder at the time of the shooting and whether his condition substantially reduced his responsibility for the killing.
Mr Silver's lawyers argued that he should be found not guilty of murder but guilty of manslaughter due to diminished responsibility.
The seven men and five women spent just under nine hours considering their verdicts before revealing that they had a disagreement that they will not be able to resolve.
The case will now be listed again at the Central Criminal Court on December 9th, 2022 and Mr Silver will be sent forward for a retrial. The accused has been remanded in custody until that date.
Mr Justice Paul McDermott thanked the jury for what they had done over the last number of weeks.
“This was a very difficult case in detail and evidence and the nature of the case itself. It was very disturbing for everyone, especially for people such as yourselves who had to be judges,” the judge said.
“I want to thank you for your application, attention, and dedication, and for the significant contribution you have given,” he added, excusing the panel from jury service for the next 10 years.
Mr Silver (46), a motorbike mechanic from Aughaward, Foxford, Co Mayo, had pleaded not guilty to the murder of Det Garda Horkan, knowing or being reckless as to whether he was a member of An Garda Síochána acting in accordance with his duty.
Mr Silver had pleaded guilty to manslaughter by reason of diminished responsibility, at Castlerea, Co Roscommon on June 17th, 2020.
