A 43-year-old man found not guilty by reason of insanity of murdering his brother and attempting to murder his father is to be detained at the Central Mental Hospital (CMH) after a court heard that he continues to suffer from a mental illness.
Last month, John Murphy jnr had been found not guilty by reason of insanity of the murder of his younger brother, Shane (27) and the attempted murder of his then 75-year-old father, John Aloysius “Weeshie” Murphy, at the family home at Seaview Avenue, Carrigaline, Cork on March 26th, 2022.
The jury of seven men and five women at Central Criminal Court sitting in Cork took less than two hours to find Mr Murphy not guilty by reason of insanity and Ms Justice Siobhan Lankford had remanded him to the CMH to allow for the preparation of a medical report.
On Tuesday, prosecution counsel Jane Hyland SC said that Mr Murphy had been examined by consultant forensic psychiatrist, Dr Patrick McLaughlin at the CMH in Portrane, Co Dublin and he concluded that Mr Murphy continued to suffer from paranoid schizophrenia.
Dr McLaughlin believed Mr Murphy continued to suffer from a mental disorder under the terms of the Mental Health Act 2001 and thus met the conditions of Section 5 of the Criminal Law (Insanity) Act 2005 for his detention for in-patient treatment at a designated approved centre.
Ms Hyland said that Dr McLaughlin recommended that Mr Murphy be examined at six monthly intervals during his detention at the CMH in Dublin by the Mental Health (Criminal Law) Review Board to see if he continues to suffer from a mental disorder.
Defence counsel Tom Creed SC said he concurred with Ms Hyland and Ms Justice Lankford said that after reading Dr McLaughlin’s report it was “appropriate the court would make an order returning him to the CMH, thereafter to take whatever therapeutic course in ordered.”
During the trial, the jury heard from clinical psychiatrists, Dr Stephen Monks for the defence and Dr Jamie Walsh for the prosecution that Mr Murphy had a history of cannabis use and mental illness and that he was not sane at the time that he attacked his brother and father.
Dr Monks said that Mr Murphy was in an acute psychotic state as a result of schizophrenic illness at the time, that his judgment was significantly impaired, and he was suffering delusions and hallucinations and had lost touch with reality.
Dr Walsh concurred, saying he believed Mr Murphy was suffering from persecutory delusional beliefs about his family and was paranoid that the state were following him while he was convinced that he was the victim of airway manipulation and that his thoughts were being controlled.
Earlier in the trial Det Gda Ian Breen said Weeshie Murphy had been at home in bed watching golf on TV when at around 2.50am, the accused, John Murphy came in and asked his father to go a neighbour’s house for no reason but as his father got up to get dressed, he began strangling him.
Mr Murphy snr called to his son, Shane for his help and Shane arrived into the room and intervened allowing his father to get out but the accused followed Mr Murphy Snr out of the house, stabbing him a number of times before returning and attacking Shane and stabbing him multiple times.
A neighbour heard Shane screaming “Please stop, I will do whatever you want”, said Det Gda Breen before telling the jury that Shane rang 999 on his mobile phone at 3.11am in a distressing phone call which lasted for 34 minutes and 26 seconds and was recorded as he pleaded for his life.
“[Shane] is terrified and retreating. He begs John to stop ... During this call it is believed Shane died,” said Det Gda Breen, adding that Shane suffered nine stab wounds in the attack including – one fatal wound through the heart – and one described as potentially fatal through the left lung.
Gardaí located the accused later in Passage West and he was arrested and on his way to Gurranebraher Garda station, he blamed his father and his brother for attacking him and he went on a rant about politicians, lawyers, and gardaí while he also sang songs, said Det Gda Breen.
He made a series of allegations against several members of his family, all of which gardaí believed were without any basis. These included allegations that his life was being threatened while he also alleged that the freezer had been defrosted so his body could be put in there after he was killed.
He also admitted at interview that he had placed the knife beside Shane’s body in the bedroom and he told gardaí that he did this in an attempt to cover his tracks. “I set up to make it look like Shane killed my dad. I am ashamed of that,” he said.
Det Gda Breen agreed with defence counsel, Tom Creed SC that his client went from being lucid to agitated. He was clearly troubled and said the assaults were the last chance to get the truth before adding “Shane said sorry to me. Maybe he should not have died, maybe he should have killed me.
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