Money demands by murder accused were not evidence of psychosis - psychiatrist

Eoin Reynolds

When a murder accused threatened and demanded money from an elderly man, whom he would later fatally assault, he was not displaying symptoms of schizophrenia but showing goal-directed, logical thinking, a psychiatrist has told the Central Criminal Court.

Dr Mary Davoren gave evidence for a second day on Thursday in the trial of Brian Ibe (23), who is charged with the murder of 65-year-old Peter Kennedy at the deceased's home in Moore Park, Newbridge, Co Kildare.

Mr Ibe has pleaded not guilty to murder by reason of insanity. His lawyers called two psychiatrists who said that Mr Ibe was undergoing a schizophrenic psychosis at the time of the assault and meets the criteria for that special verdict.

Dr Mary Davoren, however, who was called by the prosecution, disagrees with the schizophrenia diagnosis and has told the jury that Mr Ibe has a dissocial personality disorder, which is not a mental disorder that would qualify for the special verdict.

She said there was no evidence that Mr Ibe was psychotic at the time of the offence and told the jury that the first time Mr Ibe disclosed that he had been hearing voices was one year and 13 days after going on remand in Cloverhill Prison.

Dr Davoren added that this was also the first day it was documented that Mr Ibe was aware of the possibility of an insanity verdict.

The trial has previously heard that Mr Kennedy took Mr Ibe's mother, Martha, into his home after learning she was living in her car.

In 2019, he allowed Mr Ibe to move in also but called gardaí when Mr Ibe became aggressive and threatened him around Christmas of that year. Gardaí asked Mr Ibe to leave the house, and he moved to a homeless shelter in Walkinstown in Dublin.

On April 28th, 2020, Mr Ibe took a taxi from Walkinstown to Mr Kennedy's home, broke into the house by smashing a window and assaulted Mr Kennedy, who died from his injuries in hospital two weeks later, on May 12th.

Mr Ibe, of no fixed abode but formerly of Moore Park in Newbridge, has also pleaded not guilty by reason of insanity to a charge of assault causing harm to Garda Brendan O’Donnell at Newbridge Garda Station following his arrest on or about April 29th, 2020.

Under cross-examination today, Dr Davoren told defence senior counsel Conor Devally that she read a statement in the book of evidence from Mr Kennedy's neighbour about threats and demands Mr Ibe made of Mr Kennedy for money. In one account, it was said that when Mr Kennedy said he didn't have the money, Mr Ibe pushed him.

Dr Davoren described this as an "instrumental threat" which was "goal-directed" and "logical" and not a symptom of schizophrenia.

The psychiatrist said lies told by the accused to gardaí were also not related to delusions or hallucinations and have no psychiatric explanation.

When asked what goal Mr Ibe had in taking a butter knife and travelling to Newbridge to attack Mr Kennedy, she replied that Mr Ibe may have been annoyed about being asked to leave the deceased's house the previous Christmas.

She said Mr Ibe had complained that he lost some of his social welfare money because he could no longer attend an educational course in Newbridge and that he felt "disgust" about the state of Mr Kennedy's house. Mr Ibe had complained to Dr Davoren that there was dog faeces on the floor and that Mr Kennedy didn't keep the place clean.

Dr Davoren said disgust is a "very strong emotion", and Mr Ibe's "anger and resentment" provides an alternative explanation for the assault.

His irritability, aggression and violence while in garda custody, she said, could be explained by the fact he did not want to remain in the garda station but was told he could not leave.

His experience in the past, she said, was that when gardaí spoke to him about drug use or aggressive behaviour, he would get a warning, and nothing would happen.

Mr Devally said there is evidence that Mr Ibe has become less aggressive and hostile since he began taking Olanzapine - an antipsychotic medication. Dr Davoren said Olanzapine has a soothing or sedative effect on people even if they do not have a psychotic illness like schizophrenia.

A study of more than 75,000 people by Oxford Universtity showed it caused a decrease in aggression, including in those who did not have a primary psychosis, she said.

She added: "Mr Ibe was on remand, charged with a very serious offence with a significant court case coming up. In and of itself, that is a deterrent to engaging in dissocial or anti-social behaviour."

Ms Justice Melanie Greally told the jury of six men and six women that they will hear closing speeches from barristers for both sides on Friday.