Lawyers for Stephen Silver say appeal being held by delay with disclosure
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.
READ MORE
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.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Irish Times
2 hours ago
- Irish Times
Motorcyclist dies following crash in Co Mayo on Sunday
A man has died in hospital following a collision between his motorbike and a car in Co Mayo on Sunday. In separate incidents, a Garda motorcyclist is being treated in hospital in Dublin after a collision with a car in Dundrum on Tuesday, and a man in his 20s is in a serious condition after his scrambler collided with a street light in Ashtown. Sunday's crash happened at Castlebar Road, Newport, at about 4.50pm. The motorcyclist, a man aged in his 50s, was taken to Mayo University Hospital where he subsequently died. No injuries to others were reported. A man aged in his 60s was later arrested in connection with the incident and subsequently released without charge pending further investigations. READ MORE Gardaí are appealing for any witnesses to this collision to come forward. Any road users who may have camera footage who were travelling in the area of Castlebar Road, between 4pm and 5pm on Sunday 17th August 2025, are asked to make this footage available to investigating gardaí. An appeal has also been made for witnesses to Tuesday's crash, which occurred shortly before 10am. Gardaí said they and other emergency services were alerted to the incident involving a car and Garda motorcycle. The on-duty Garda member was taken to Tallaght University Hospital for treatment of non-life-threatening injuries. Welfare supports have been made available to the Garda by local management. No other injuries were reported. The Upper Churchtown Road, Dundrum, which had been closed for a period of time, has since reopened to traffic. Gardaí further seek witnesses to the scrambler collision, which occurred on the Royal Canal Way, Ashtown Gate, Dublin 15 at about 5pm on Sunday. The driver was removed to Connolly Hospital in Blanchardstown and later transferred to Beaumont, where he remains in a serious condition.
Irish Times
3 hours ago
- Irish Times
Man (42) charged with attempted murder over alleged attack on victim who had fingers cut off
A father of three has been charged with attempted murder of a man who was allegedly attacked and had two fingers cut off in a house in Dublin in May. Widower Bernard Mongan snr (42) of Deansrath Grove, Clondalkin, appeared at Dublin District Court on Tuesday when his case was upgraded. He had been accused initially of assault causing harm to Bernard Lawrence (29), production of an implement as a weapon and burglary at a house in Kilcronan View on May 9th last. Bail was set following a hearing on May 17th, and he was released. However, on Tuesday, Mr Mongan was charged with attempted murder of Mr Lawrence, causing him serious harm, and being armed with a hammer during a burglary. READ MORE Garda Shane O'Brien told Judge John Brennan that Mr Mongan 'made no reply' when the new charges were put to him. Garda O'Brien said the Director of Public Prosecutions (DPP) has authorised that he face trial on indictment in the Central Criminal Court. Furthermore, the DPP directed the withdrawal of the original set of charges. Mr Mongan did not address the court; no plea was indicated. He could not apply for bail as the District Court does not have the power to hold a bail hearing in an attempted murder case, which requires an application before the High Court. Judge Brennan remanded him in custody pending the preparation of a book of evidence to appear at Cloverhill District Court on August 26th. Legal aid was granted to Mr Mongan, who is on social welfare, following an application by defence solicitor Andrew Molony. An earlier bail hearing was told that when the injured man was chased, and took refuge in a stranger's house, he went into a child's room, where he was assaulted and suffered life-altering injuries, with his thumb and index finger on his left hand being cut off. His left middle finger was cut to the bone and 'hanging on by skin only'. He was taken to hospital for medical intervention, including surgery to attempt to reattach his amputated fingers, which was unsuccessful. A 17-year-old boy and a man in his 20s are also before the courts on connected charges.
Irish Times
3 hours ago
- Irish Times
Instruments painted black to highlight battle by Artane Band abuse survivors to change its name and uniform
An installation of musical instruments painted black is on show in Dublin city centre as part of renewed efforts by survivors of abuse to have the Artane Band change its name and uniform. A number of the instruments in the window display at 20/21 South William Street were provided by former members of what was then the Artane Boys Band, part of St Joseph's Industrial School, north Dublin, until the latter's closure in 1969. Campaigners led by Independent city councillor Mannix Flynn have been calling for years for the band to change its name and uniform, which remains the same as it was when it was part of the industrial school. The band, now known as the Artane Band with the inclusion of female members after the school's closure, continues to play regularly at GAA matches in Croke Park, including at All-Ireland finals. READ MORE Cllr Flynn said this was 'deeply traumatising', 'distressing' and 'triggering' for victims of historical physical and sexual abuse at the school. The politician, playwright and artist, who suffered abuse in industrial schools in the 1960s including Artane, said a change in the band's name and uniform should have happened years ago and it was 'shocking' that it continued. He created the installation, which includes a marching band drum, trumpets, trombones, French horn and other instruments as well as a copy of the A Tour of Ireland with the Artane Boys Band vinyl record. It also displays footballs and hurleys painted black set against a backdrop of GAA banners and flags. A website – Nobody Could Hear The Music – accompanies the installation. Four years ago, the Lord Mayor of Dublin withdrew as patron of the Artane School of Music and Artane Band after councillors voted in favour of a motion brought by Cllr Flynn to end the authority's patronage. In 2023, Dublin City Council voted unanimously in favour of changing the band's name and uniform because of its links with the former industrial school. Aosdána , Ireland's national academy for creative artists, has also supported the campaign. In April last year, its members passed a motion calling for the change of name and uniform 'in recognition of the pain it causes to survivors of abuse and the legacy it continues to carry'. Cllr Flynn has written to the GAA, RTÉ and sponsors of the band urging them to dissociate from it until the name and uniform are changed. In a letter to RTÉ director general Kevin Bakhurst , Cllr Flynn said 'the images of the Artane Band in its uniform and with its insignia are very traumatising to those who were locked up in residential institutions, particularly those who were in the Artane Industrial School where the band was formed and indeed those who were in the band itself'. He said that 'many people who watch the big GAA games have no idea of the origins of the Artane Band or the horrors inflicted on the children in the Artane industrial school'. Cllr Flynn stressed they were not asking to close down the band. 'We are simply calling for the name and uniform to be changed, so we don't have to keep this terrible wound open,' he said. In a letter to GAA president Jarlath Burns , Cllr Flynn called on the association 'to suspend the band in its present form from performing in any of its grounds, including Croke Park'. When contacted about the issue, an RTÉ spokesperson said: 'This is a matter for the GAA. RTÉ has no further comment.' The GAA and the Artane School of Music, which operates the band, did not respond to requests for comment.
