'Terrible shroud of sadness': Mentally ill man found not guilty of trying to murder brother

Alison O’Riordan

A jury has taken just 32 minutes to find 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, not guilty of attempted murder by reason of insanity.

After they had delivered their decision, Judge Tony Hunt thanked the panel 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 defendant Gary O'Shaughnessy (39) 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 were told that intoxication did not arise in the case as the defendant wasn't drinking on the day of the attack.

The panel accepted the evidence of two psychiatrists that the defendant was suffering from schizophrenia at the time and fulfilled the criteria for the special verdict.

Tragic case

In his closing speech, Ronan Kennedy SC, 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 (42).

"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 a "terrible shroud of sadness hung" over the case. Dara Foynes SC said her client had "suffered horribly" from mental illness for a large portion of his life.

Gary O'Shaughnessy, with an address at Ailesbury House, Lynn Road, Mullingar, Co Westmeath, was charged with the attempted murder of his brother Mark 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.

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

Schizophrenia

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 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 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 spent 32 minutes deliberating today (THURS) before bringing in unanimous verdicts on both counts of not guilty by reason of insanity.

Mr 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.

The judge exempted the panel from jury service for the next six years.

Mr Justice Hunt then made an order committing Gary O'Shaughnessy to the Central Mental Hospital (CMH) today, with his return before the court scheduled for April 24 next. He also directed the preparation of a psychiatric assessment by an approved medical officer.