A 39-yr-old man has entered a plea of not guilty by reason of insanity in relation to the killing of his grandfather in the Donegal Gaeltacht more than two years ago, reports RTE.
A prosecuting barrister told the jury in the trial of Derek Mulligan that the accused had been subjected to severe sexual abuse by a school caretaker during childhood and had experienced numerous mental health issues since his teenage years, reports RTE.
Senior Counsel Patricia McLaughlin said that consultant psychiatrists for both the prosecution and defence agree the accused was suffering from a mental disorder at the time he killed his grandfather.
Mr Mulligan, of Carrickcoyle, Doirà Beaga, Gaoth Dobhair in Co Donegal, has pleaded not guilty by reason of insanity to the murder of his 78-year-old grandfather Derek Burns at Carrickcoyle on 19 December 2023, reports RTE.
Opening the State’s case alongside Fiona Crawford BL, Ms McLaughlin explained that when a person with mental illness commits a crime, including taking a life, the law recognises they may not be fully responsible for their actions.
She told the jury their role was not to determine whether the acts occurred, stating: “You will hear the accused admitted to this conduct. Your focus is on his mental state at the time,” she said, reports RTE.
Ms McLaughlin said that if the defence of insanity is proven, Mr Mulligan is entitled to a verdict of not guilty by reason of insanity and that this defence applies to all five charges on the indictment.
She said Mr Mulligan had been assessed by two consultant psychiatrists, Dr Ronan Mullaney for the defence and Dr Stephen Monks for the prosecution. “Both are of the one mind that he was suffering from a mental disorder at the time and is enough to bring the defence of insanity into play”, reports RTE.
Outlining the background, Ms McLaughlin said Mr Mulligan is originally from An Bun Beag in Co Donegal but had been living in Carrickcoyle, while his grandfather Derek Burns lived alone nearby.
The court was told that Mr Burns and his wife Mary had five children who were raised in Edinburgh before later returning to Donegal, reports RTE.
Counsel said Mary, who had dementia, was living with her daughter Angela Mulligan, the accused’s mother.
The barrister added that Mr Burns had been in poor health in recent times and had become more withdrawn, though he remained living close to family, reports RTE.
Ms McLaughlin said the jury would hear that Mr Mulligan had endured several traumatic experiences in his life.
She said his father died of lung cancer when he was 16 and that at age 12 he was the victim of serious sexual abuse by a school caretaker, reports RTE.
Ms McLaughlin said that individual was later prosecuted in the Central Criminal Court and received a 15-year sentence for abusing multiple victims.
The court will hear evidence that Mr Mulligan experienced a wide range of mental health and psychiatric problems from his teenage years, reports RTE.
The barrister said Mr Mulligan had returned to Donegal prior to December 2023 and had been living in a house arranged by his mother near his grandfather’s home for several months.
She said jurors would hear that in the weeks leading up to 17 December 2023, those around him observed a serious decline in his mental health and increasingly erratic behaviour, reports RTE.
Counsel said the accused’s mother contacted gardaà to report that her son had been involved in an incident earlier that day.
The court will hear that Mr Mulligan was later detained under Section 12 of the Mental Health Act and examined by a GP who recommended admission to a psychiatric unit in Letterkenny, reports RTE.
It will also be said that at the time of his detention, nobody was aware of what had happened to Mr Burns.
Counsel said one of Mr Burns’ daughters had arranged to visit him at 3.30pm on 17 December, reports RTE.
When she arrived at the property, she noticed one of his dogs loose, which was described as “very unusual”.
Ms McLaughlin said she discovered her father lying on the ground, unconscious and covered in blood, initially believing he had fallen or suffered a stroke, reports RTE.
Mr Burns died from his injuries two days later on 19 December.
Counsel said medical staff who treated Mr Burns were suspicious and did not believe his injuries were consistent with a fall, reports RTE.
Mr Mulligan was later discharged from a psychiatric unit in Letterkenny on 18 December and subsequently arrested.
He was taken to Milford Garda Station where he was interviewed three times and admitted assaulting his grandfather, reports RTE.
Mr Mulligan has also pleaded not guilty by reason of insanity to damaging the windscreen of a Nissan Qashqai belonging to Catherine McDermott on 17 December 2023 at Carrickcoyle, intending to cause damage or being reckless as to the outcome.
He has further pleaded not guilty by reason of insanity to making threats to kill or seriously harm Ms McDermott, intending her to believe those threats would be carried out, reports RTE.
In addition, he has entered the same plea in relation to two counts of assaulting Breege McFadden and Derek McFadden at Carrickmacafferty, Doirà Beaga in Co Donegal on the same date.
The trial continues tomorrow before Ms Justice Eileen Creedon and a jury consisting of seven men and five women, reports RTE.
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