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 has been committed to the Central Mental Hospital for treatment.
A Central Criminal Court judge made the order on Friday, over a week after a jury in the trial of Gary O’Shaughnessy returned their verdict of not guilty of attempted murder by reason of insanity.
On April 16th at the Central Criminal Court, the jury unanimously accepted the evidence of two psychiatrists that the 39-year-old defendant was suffering from schizophrenia when he attempted to murder his brother and fulfilled the criteria for the special verdict.
After the panel had delivered their decision in just 32 minutes, Judge Tony Hunt thanked them 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 trial heard that the defendant 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 was told that intoxication did not arise in the case as the defendant wasn’t drinking on the day of the attack.
Gary O’Shaughnessy, with an address at Ailesbury House, Lynn Road, Mullingar, Co Westmeath was charged with the attempted murder of his brother Mark (42) 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.
At the hearing, the judge said he had received a report from consultant forensic psychiatrist Dr Dearbhla Duffy, who carried out a “very efficient examination” on Gary O’Shaughnessy on April 23rd.
The judge said he had considered the psychiatrist’s report and also bore in mind the evidence he had heard at the trial. Hunt said he was “comprehensively satisfied” that Gary O’Shaughnessy is suffering from a mental disorder and is in need of inpatient care and treatment in a designated centre.
The judge said he was obliged to commit the defendant to the Central Mental Hospital in Portrane in Co Dublin to continue his inpatient care and treatment until an order is made under section 13 of the Criminal Law (Insanity) Act 2006.
Hunt called the case “a terribly sad” one and said he hoped both brothers could “make their way forward as best they can in the very difficult circumstances”.
In his closing speech at the trial, Ronan Kennedy SC, prosecuting, submitted to the jurors that “a very heavy heart” would be required not to have sympathy for “vulnerable, clinically blind” victim Mark O’Shaughnessy.
“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 in their closing speech that a “terrible shroud of sadness hung” over the case.
Dara Foynes SC said her client had “suffered horribly” from a mental illness for a large portion of his life.
