Lawyers representing Stephen Silver, who is serving a 40-year sentence for the capital murder of Detective Garda Colm Horkan, have said they are unable to advance an appeal against his conviction as they have “hit a brick wall” in obtaining disclosure from the DPP relating to psychiatric evidence.
Speaking as the matter was raised during a review of dormant cases at the Court of Appeal on Monday, Mr Justice John Edwards said it was “intolerable” Det Gda Horkan’s inquest has been delayed as a result of the pending proceedings. He said that the matter “cannot drag on”.
Silver (48), a motorbike mechanic from Aughaward, Foxford, Co Mayo, had pleaded not guilty to the murder of Det Gda Horkan knowing or being reckless as to whether he was a member of An Garda Síochána acting in accordance with his duty. He had pleaded guilty to manslaughter at Castlerea, Co Roscommon on June 17th, 2020, and the jury was told the main issue in the trial was Mr Silver’s state of mind at the time of the shooting.
Silver, who killed Gda Horkan by shooting him eleven times with the garda’s own gun, was jailed for life with a minimum time to be served of 40 years by a judge at the Central Criminal Court in April 2023.
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The court heard Silver had suffered from bipolar affective disorder, though consultant psychiatrist Prof Harry Kennedy said he found “no positive evidence” Silver had relapsed at the time he shot dead Det Horkan.
However Dr Brenda Wright, then interim clinical director at the Central Mental Hospital, told the court that Silver’s illness contributed significantly to his actions at that time.
At the Court of Appeal today, Morgan Shelley BL, representing Silver, said that this was, in effect, a diminished responsibility case and the psychiatric evidence was a “critical issue”.
Mr Shelley said there was an issue in another case relating to one of the expert witnesses in Silver’s trial and his legal team believe the Director of Public Prosecutions (DPP) may have materials that could be relevant to that. He said they have asked for “comprehensive disclosure” from the DPP in relation to this but have “hit a brick wall”.
“We may need this court to determine the issue, or we may need to go to another court for that,” he said.
Mr Justice Edwards, presiding, said the coroner for County Mayo has written to inform the court he cannot complete the inquest into Garda Horkan’s death until the case is determined. He noted Silver’s appeal was last before the court in December 2023.
Mr Shelley said a proper response from the DPP would assist in moving matters along.
Adjourning proceedings to a case management list on June 20th, Mr Justice Edwards told Mr Shelley that if there was a continuing “log jam” then a motion could be brought before the court at that stage.
“This cannot drag on, particularly when there is an inquest and a family being prejudiced by this,” said the judge, describing the situation as “intolerable”.
“This has to be addressed, and it will be addressed quickly from here on,” he added.
During the trial, the jury heard evidence from Silver that he believed Gda Horkan was “a heavy down from Dublin” who was trying to kill him. He said that Gda Horkan, who was not in uniform and drove an unmarked car, was wearing a Tommy Hilfiger jacket and “didn’t come across” as a Garda".
He gave evidence that a struggle ensued between them before he fell to the ground, and in the process of getting up he felt the gun on Gda Horkan’s hip.
He said he felt Gda Horkan “was trying to kill me”.
“I kept shooting until the gun finished and there was no ammunition left,” Silver said.
Silver’s first trial ended in a jury disagreement. His defence at his second trial was that he could be found guilty of manslaughter either because he believed he was acting in self defence but used excessive force or because his responsibility was significantly diminished due to a mental disorder.
The jury rejected both defences and found him guilty of murdering Gda Horkan, a member of An Garda Síochána acting in the course of his duty.
Under the Criminal Justice Act 1990, the judge must impose the ordinary life sentence for murder and specify that Silver serve a minimum of 40 years in prison. With ordinary remission for good behaviour, Silver will be eligible to apply for parole after he has served 30 years.
