Man accused of thrashing hotel and assaulting guests found not guilty by reason of insanity

David Raleigh

A consultant orthopaedic surgeon, who allegedly assaulted three people and caused over €40,000 worth of damage at a Limerick hotel, three years ago, was today found not guilty by reason of insanity.

A jury of six men and six women took 27 minutes to return unanimous verdicts on all charges, following a three-day at Limerick Circuit Criminal Court.

Evidence given by forensic consultant psychiatrists for both the prosecution and the defence, had each given evidence that the accused, Dr Emmett Cullen, who specialised in hip replacement surgeries, was in the throes of a psychotic episode, while a guest at the Clayton Hotel, Steamboat Quay, Limerick, on May 4th, 2023.

The defence argued that Dr Cullen, of Silverbrook, Mill Road, Corbally, Limerick, was not aware of what he was doing, nor was he able to refrain from his manic behaviour at the time, due to suffering a psychotic episode.

Dr Cullen (50), had a prior diagnosis of “bipolar affective type 1”a psychiatric illness, and was subdued on the night by armed gardai discharging a taser and pepper spray, it was heard.

The accused returned to work on a part-time basis, nine months afterwards, after he entered remission from the illness.

Cullen had been experiencing high levels of stress at the time, and, following his arrest under the Mental Health Act, he had told gardaí that he had seen children with “red” eyes in the hotel, and that he believed he was being surrounded by more than forty people.

Cullen was before the court charged with one count of causing criminal damage, three counts of assault causing harm, and one count of using a fire extinguisher as a weapon.

It was accepted that the hotel’s CCTV footage showed Cullen, armed with two fire extinguishers, thrashing the lobby, bar and restaurant and kitchen area, and discharging the contents of the fire extinguishers around the hotel.

The prosecution also alleged Cullen assaulted two hotel female patrons in their 70s, by smashing glass with one of the fire extinguishers, causing cuts to the women’s hands; and that he struck a male guest with a fire extinguisher, causing a cut to the man’s arm.

Prosecuting barrister John O'Sullivan, instructed by State Solicitor for Limerick City, Padraig Mawe, told the jury that the fact that Cullen had paid the hotel €49,000 in compensation afterwards was “an admission” of having caused the damage.

While in custody following his arrest, Dr Cullen told Gardaí: “I don't recall hitting anybody, but I’ll pay for the damages.”

When gardai later put it to him that guests had been injured, he replied: “I don’t remember it, but if I did, I do accept full responsibility for what I did.”

Testimony given by two forensic psychiatrists who were called by the prosecution and the defence was that Cullen was more than likely suffering from “hallucinations”, “paranoid delusions” and “loss of contact with reality” associated with his prior diagnosis.

The court heard that prior to the night in question, the hip surgeon had a number of times attended inpatient psychiatric services after suffering manic episodes, including a period when he stopped taking his medication after he developed a slight tremor in his hands as a side effect of taking prescribed medicine.

O’Sullivan told the jury it was “clear” from the evidence that Cullen committed the offences before the court.

Cullen’s barrister, Aaron Desmond BL, told the jury it was not disputed that the accused committed the offences, but he argued that Cullen was suffering from a mental health episode at the time, and therefore, he should not be held criminally responsible for his actions on the night.

Judge Colin Daly told the jury: “The evidence is your map, and you must follow the map.” The judge said the jury had to treat their deliberations on each verdict “coldly and dispassionately” on the evidence and not in their emotions.

After unanimous verdicts were returned on all five charges, Judge Daly thanked the jury for their time and excused them from jury service for the next three years.