Mullingar man who attacked vulnerable brother with hammer committed to Central Mental Hospital

Alison O'Riordan

A Mullingar man who attacked his vulnerable and partially blind brother with a hammer and knife in an attempt to "drain" him of his blood has been committed to the Central Mental Hospital for treatment.

A Central Criminal Court judge made the order on Friday, over a week after a jury in the trial of Gary O'Shaughnessy returned their verdict of not guilty of attempted murder by reason of insanity.

On April 16th at the Central Criminal Court, the jury unanimously accepted the evidence of two psychiatrists that the 39-year-old defendant was suffering from schizophrenia when he attempted to murder his brother and fulfilled the criteria for the special verdict.

After the panel had delivered their decision in just 32 minutes, Justice Tony Hunt thanked them for their "prompt verdict", noting there was no reason for a jury to "pretend to deliberate on things when there is nothing to deliberate on".

The three-day Central Criminal Court trial heard that the defendant had a history of non-compliance with his antipsychotic medication and had not attended outpatient appointments in the lead-up to the attack.

Although Gary O'Shaughnessy suffered from an alcohol disorder, the jury was told that intoxication did not arise in the case as the defendant wasn't drinking on the day of the attack.

Gary O'Shaughnessy, with an address at Ailesbury House, Lynn Road, Mullingar, Co Westmeath, was charged with the attempted murder of his brother Mark (42) at the same address between May 15th and 16th, 2024.

He was further charged with intentionally or recklessly causing serious harm to his brother on the same date and at the same location. The defendant had pleaded not guilty by reason of insanity to both charges.

At Friday's hearing, Justice Hunt said he had received a report from consultant forensic psychiatrist Dr Dearbhla Duffy, who carried out a "very efficient examination" on Gary O'Shaughnessy on April 23rd.

Dr Duffy, who appeared before the court via video-link, was tasked with preparing a report on the defendant pursuant to section 5(3) of the Criminal Law (Insanity) Act 2006 as to whether he is suffering from a mental disorder and needs inpatient care at the Central Mental Hospital (CMH).

Justice Hunt said he had considered Dr Duffy's report and also bore in mind the evidence he had heard at the trial.

The judge said he was "comprehensively satisfied" that Gary O'Shaughnessy is suffering from a mental disorder and needs inpatient care and treatment in a designated centre.

Justice Hunt said he was obliged to commit the defendant to the Central Mental Hospital in Portrane in Co Dublin to continue his inpatient care and treatment until an order is made under section 13 of the Criminal Law (Insanity) Act 2006.

The judge called the case "a terribly sad" one and said he hoped both brothers could "make their way forward as best they can in the very difficult circumstances". "I don't know what the state of play is between them, I make no comment other than that".

In his closing speech at the trial Ronan Kennedy, prosecuting, submitted to the jurors that this was a "tragic case" and "a very heavy heart" would be required not to have sympathy for "vulnerable, clinically blind" victim Mark O'Shaughnessy.

"A person who, according to his carer, wouldn't hurt a fly, and whom the accused said was kind, compassionate and caring".

Counsel said there was no doubt that Gary O'Shaughnessy was the assailant, having engaged in a "horrific attack" in which he struck his brother with a hammer on the head and cut his neck with a knife, exposing the internal structures of the neck.

The defence told the jury in their closing speech that a "terrible shroud of sadness hung" over the case.

Dara Foynes said her client had "suffered horribly" from a mental illness for a large portion of his life.

At the outset of the trial, Foynes had made several formal admissions to the court on behalf of her client, including that the defendant hit his brother several times on the head with a hammer found at the scene and stabbed him several times with a 'Stanley' knife.

Dr Michael Isaac, for the defence, had told the jury that Gary O'Shaughnessy suffers from schizophrenia, which is a mental disorder within the meaning of the Criminal Law Insanity Act 2006.

He found that the defendant did not know the nature and quality of the act and could not refrain from committing it.

Consultant forensic psychiatrist Dr Mark Joynt, called by the prosecution, testified that the defendant was suffering from the mental disorder of schizophrenia when he attempted to kill his brother.

The expert witness said by reason of this mental disorder, the defendant did not know the nature and quality of the act as he was labouring under the delusional belief that he and his brother were subject to a "forever curse", where they were forced to live out their eternity in a post apocalyptic world and that the only way of averting this terrible consequence was to kill his brother and himself.

In addition, Dr Joynt said the defendant did not know what he was doing was wrong and was unable to refrain from committing the act.

The jury of seven men and five women had spent 32 minutes deliberating before bringing in unanimous verdicts on both counts of not guilty by reason of insanity.

Justice Hunt said the case "properly belonged in the medical and clinical realm". "Your verdict is the correct one and in line with the medical evidence, and I thank you for that," he said, addressing the jurors.