A 49-year-old man was found naked in a field after he killed his wife at their rural Co Mayo home nearly four years ago, a jury has heard.
It was during the opening of the trial of James Kilroy at the Central Criminal Court on Wednesday the prosecution said the a jury will have to assess if the accused was “simply guilty of murder” as the State contends or if he was insane at the time of the killing or suffered from a mental disorder that diminished his responsibility.
Anne-Marie Lawlor SC, for the Director of Public Prosecutions, said a mental disorder did not include intoxication and that was important in this case.
The jury heard that Valerie French Kilroy’s body was found in a camper van on the grounds of her home, in a remote rural area around 6km from Westport. She had died from strangulation with a ligature as well as blunt force trauma to the head and a stab wound to the neck.
Evidence will be given, Ms Lawlor said, that Mr Kilroy was displaying “erratic behaviour” and was found naked in a field in the Westport area. He was taken to Castlebar Hospital where he was assessed and later told gardaí that he had “killed his wife and kids”. The three young children were later found unharmed.
Formal admissions
Patrick Gageby SC, defending, made a number of formal admissions to the court on behalf of his client including that he had killed Mr French Kilroy, that the crime scenes were all properly preserved by gardaí, that the accused was at all stages appropriately detained, including any time spent in a garda station, and that gardaí appropriately retained all exhibits.
Mr Kilroy (49), with an address at Kilbree Lower, Westport, Co Mayo, is charged with murdering Ms French Kilroy (41) at their home on a date unknown between June 13th, 2019 and June 14th, 2019. He has pleaded not guilty by reason of insanity.
Opening the prosecution’s case, Ms Lawlor told the jury there are two parts to a crime - the physical act and the intention. In this case, she said the physical act of killing Ms French Kilroy was accepted by the accused.
“What isn’t accepted is that he had a guilty mind or the intention to cause the death,” she added.
A person is not guilty of the offence if they were suffering from a mental disorder, she said. “That is the first hurdle. Were they suffering from a mental disorder, that does not include intoxication? That’s important, as you will see, in this case. That is the first issue you will be asked to determine,” she stated.
The second issue, the prosecution barrister said, is whether the accused has a mental disorder and whether he knew the nature of what he was doing or knew it was wrong or was unable to stop himself.
Outlining the facts of the case, Ms Lawlor said Ms French Kilroy was a senior occupational therapist for Mayo Mental Health Services and had married the accused in April 2008. They had been partners for the previous 10 years and had three dearly loved young children, who were conceived through IVF, she said.
On the night of June 13th, 2019, Ms French Kilroy had arrived home after spending an evening with a friend and her body was found the following afternoon by gardaí, said the barrister.
First notified
Counsel said the evidence will be that gardaí were first notified of Mr Kilroy’s actions in or around 3am on the morning of June 14th, when a woman contacted the force to say that a man had come to her door in Doon, Westport. She said the man told her that he had travelled the world a few times over and that he was displaying “erratic behaviour”. But when gardaí arrived at the house there was no one there. It is accepted that the man was Mr Kilroy, said Ms Lawlor.
The court heard that later the same morning around 9.40am another man, who was also living in the Westport area, contacted gardaí to say he saw a naked man in a field. She said the jury would hear a “potted account” from this witness.
The court will also hear evidence, the lawyer said, from a female garda who dealt with Mr Kilroy and said the accused was disoriented. Mr Kilroy was brought to Castlebar Hospital for assessment. While in the hospital, Mr Kilroy said he “killed his wife and kids”, which immediately prompted gardaí to see if this was true.
Gardaí arrived at his home at 2.55pm and “thankfully ascertained” that the children had not been the subject of any assault and were unharmed, counsel said.
The barrister said gardaí found Ms French Kilroy dead in a camper van on the grounds. A postmortem confirmed she had died from ligature strangulation as well as blunt force trauma to the head and a stab wound to the neck.
Ms Lawlor said Mr Kilroy was released from Castlebar Hospital after it had been determined that he did not meet the criteria to be held there. He was later arrested and interviewed on four occasions.
“He indicated to gardaí much about his own life, his use of drugs and how on the evening he slit the throat of Valerie and the circumstances in which he said he did that,” she said.
Counsel added: “We say, and we will invite you to conclude, that Mr Kilroy killed his wife and when he did so he was not suffering from a mental disorder and even if he was that none of the criteria under section 5 of the Act [Criminal Law Insanity Act 2006] apply.”
The trial continues this afternoon before Ms Justice Mary Ellen Ring and a jury of 10 men and two women. It is expected to last until the end of the month.