Latest news with #DetGdaHorkan
BreakingNews.ie
12-05-2025
- BreakingNews.ie
'Intolerable' for garda's family to have impasse in Stephen Silver appeal 'drag on', judge says
Lawyers representing Stephen Silver, who is serving a 40-year sentence for the capital murder of Detective Garda Colm Horkan, have said they are unable to advance an appeal against his conviction as they have 'hit a brick wall' in obtaining what they argue is crucial disclosure from the Director of Public Prosecutions (DPP) relating to psychiatric evidence. Speaking as the matter was raised during a review of dormant cases at the Court of Appeal on Monday, Mr John Edwards said it was 'intolerable' that Det Gda Horkan's inquest has been delayed as a result of the pending proceedings. Advertisement 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. Advertisement 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 on Monday, 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'. Advertisement 'We may need this court to determine the issue, or we may need to go to another court for that,' he said. Mr Justice John Edwards, presiding, said the coroner for County Mayo has written to inform the court that he cannot complete the inquest into Garda Horkan's death until the case is determined. He noted that Silver's appeal was last before the court in December 2023. Mr Shelley remarked that 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. Advertisement '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. Advertisement He said that he felt Gda Horkan 'was trying to kill me'. Ireland Roads gardaí should not be exposed to 'excessive d... Read More '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 Siochana 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.
Irish Times
12-05-2025
- Irish Times
Lawyers for Stephen Silver say appeal being held by delay with disclosure
Lawyers representing Stephen Silver, who is serving a 40-year sentence for the capital murder of Detective Garda Colm Horkan, have said they are unable to advance an appeal against his conviction as they have 'hit a brick wall' in obtaining disclosure from the DPP relating to psychiatric evidence. 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.
Extra.ie
11-05-2025
- Extra.ie
Slain garda's gun holster was never tested by forensic officers
Senior gardaí withheld murdered Detective Garda Colm Horkan's defective gun holster from the control of forensic officers charged with investigating the crime, a whistleblower has claimed in a series of damning protected disclosures to The whistleblower – a serving member of An Garda Síochána who headed up the Garda National Technical Bureau (GNTB) – today gives a first-person account of his attendance at the incident room at Castlerea Garda station in the hours after Detective Garda Colm Horkan's murder. In the account, the whistleblower claims that he was told that Det Gda Horkan's murderer, Stephen Silver, initially told investigators he had pulled the slain garda's gun from his holster. The whistleblower claims that he was told that Det Gda Horkan's murderer, Stephen Silver, initially told investigators he had pulled the slain garda's gun from his holster. Pic: Brian Lawless/PA Wire This initial account is not the evidence that was given at Silver's subsequent trial, where he was convicted of the capital murder. Regardless, it means that at the very early stages of the investigation, Garda Horkan's holster was identified as a key piece of evidence. The whistleblower goes on to detail that, despite the holster being bagged and tagged as a ballistic exhibit, it was not returned to the GNTB for forensic examination. Pic: KarlM Photography/Shutterstock Instead, it was taken into the possession of another uniformed Chief Superintendent – at the direction of Garda management – who then had the holster examined by a non-forensically trained officer. The explosive allegations are among those contained in new protected disclosures made by a senior serving officer to former Labour leader Alan Kelly and Others include that: The whistleblower's attempts to mount a 'warning campaign' about the holsters caused 'frustrations at the highest level' of the force. A previous incident where a Garda received life-changing injuries outside the Israeli Embassy when his gun went off accidentally saw that holster being examined forensically, with a report concluding the holster was defective. Footage from live-fire training events, prior to the murder of Det Gda Horkan, clearly evidenced the defective nature of the holsters and the dangers they posed. An 'alternative report' ordered by Commissioner Harris, which was carried out by the Firearms Stores Section that procured the holsters, was a 'clear conflict of interest' that undermined Garda 'forensic and ballistic experts'. This second report was compiled some months later, while the whistleblower was on annual leave The senior officer was deliberately targeted for raising the concerns and is currently taking a case in the High Court and the WRC for penalisation. The senior officer involved in the investigation into Det Gda Horkan's murder claimed the 'initial account', provided by Silver, in custody, was that he was 'able to reach down [from behind] and remove it from Garda Horkan's official issue leather pistol holster'. Alan Kelly. Photo: Gareth Chaney/Collins But, he notes in his disclosure: 'Court reporting later provided by RTÉ showed that the narrative had changed, it was now being reported that it was actually Det Gda Horkan who moved to draw his official issue firearm and that Stephen Silver placed his hand on top of Det Gda Horkan's hand resulting in both men drawing the pistol together, with Silver somehow managing to take the firearm from Garda Horkan even though his (Silver's) grip would have been significantly weakened as a result of it being widened by the grip that Det Gda Horkan allegedly already had on the pistol grip of the firearm.' The officer said that, while Silver's account changed, that narrative did not match with what was originally relayed to him early on June 18, 2020. His disclosure claims: 'The narrative had been revised to suggest that the late Det Gda Colm Horkan had actively moved to withdraw his official issue firearm from his holster. While this was clearly the evidence provided, including by Silver himself, it is at significant variance from what was originally presented.' Mr Kelly last night called for a full investigation by the Department of Justice into the dossier of allegations, which include serious claims made against the force and Garda Commissioner Drew Harris. Garda Commissioner Drew Harris. Pic: Leah Farrell/ revealed in late 2023 how another Garda whistleblower made separate disclosures to Garda management, warning about defective Garda-issued holsters prior to the killing of Det Gda Horkan shortly before midnight on June 17, 2020. Convicted killer Silver is serving a mandatory minimum sentence of 40 years after he shot the plainclothes garda 11 times after disarming him. In one disclosure from the second Garda whistleblower, the senior officer also alleges Commissioner Harris 'personally sought' an 'alternative report' that ultimately concluded a defective holster did not play a role in the life-changing injuries suffered by a Detective attached to the Special Detective Unit (SDU) – despite mounting circumstantial evidence that it had. Crucially, Det Gda Horkan was using the same type of defective holster on the night of his murder. The second whistleblower writes: 'It must be asked if there is a deliberate effort or intent by Drew Harris and others to conceal a dangerously defective holster that facilitated the unobstructed removal of Colm's firearm by Stephen Silver, which ultimately resulted in Colm being murdered by his own firearm. 'Commissioner Harris must now ask of himself if Det Gda Horkan would still be alive today if he had actively pursued the protected disclosures of the original confidential reporter (made a year before the murder).' Detective Colm Horkan. Pic: File The senior officer claims that respected retired Defence Forces weapons expert Lieutenant Colonel Ray Lane was initially hired to look into another whistleblower's claims about the Garda Firearms Store. But he said this was dropped after Commissioner Harris made it clear that he did not want a Defence Forces member involved in any inquiry, and that he would get a former colleague from the North to look into it instead. The officer also said that defective ammunition stored at Garda HQ – highlighted in an earlier disclosure from the first Garda whistleblower in last month – was not fully withdrawn until 2023, five years after it was recalled by the manufacturers. He claims this resulted in potential hazards for Garda members carrying firearms and compromised the integrity of security offered to visiting dignitaries during this period. Responding to the allegations, a Garda spokeswoman said: 'As you have stated, you are seeking responses arising from Protected Disclosures – An Garda Síochána is precluded by law from commenting on any matters that are subject of Protected Disclosures. Pic: Artur Widak/NurPhoto via Getty Images 'An Garda Síochána cannot comment on ongoing investigations being carried out by either An Garda Síochána or Fiosrú [the Garda ombudsman]. 'In general, certain matters raised by you have been attended to and discussed by An Garda Síochána with the relevant oversight bodies. 'An Garda Síochána notes allegations in your enquiry made against named individuals which are inaccurate. 'The following information is already in the public domain: At the Oireachtas Justice Committee meeting in November 2023 and at a separate media briefing, Commissioner Harris stated that following the murder of Det Gda Colm Horkan, as Commissioner he directed that a new safety holster be introduced. This new safety holster was procured following a tender process for firearms accessories that concluded in September 2020. 'This process resulted in a new supplier of holsters being retained by An Garda Síochána. 'The conviction of Stephen Silver for the capital murder of Det Gda Colm Horkan is a matter of fact and public record. Following consideration of a comprehensive Garda investigation file the DPP directed criminal charges against Stephen Silver. 'Criminal trials are carried out in public and evidence adduced by both the prosecution and defence are tested, examined and cross-examined. After hearing the evidence, a jury of his peers convicted Stephen Silver of the capital murder of Det Gda Colm Horkan.' Mr Kelly, Labour's Justice spokesman, has repeatedly raised the issue in the Dáil of the defective Garda holsters. He said he has examined the holsters, which remained in official use until March 2023. The Tipperary TD said: 'This senior garda officer is very sincere, hard-working, experienced, highly qualified and decent. He is distinguished and is so on top of his area of expertise and responsibility. 'I understand that to be the sense amongst senior gardaí who have dealt with and worked with him. I've met with him on many occasions after he approached me last year. He has shown me the holsters. 'When you make comparisons between them and similar issued holsters, there is no comparison in quality. It is quite easy to manipulate them as they are of such poor quality. 'Having raised this issue in the Dáil… many gardaí of all ranks have been in touch with me to say that it was well known that these holsters were faulty and they refused to use them. Gardaí used to purchase their own holsters rather than use these, which says it all. 'There is no doubt that another garda warned the Commissioner and the Garda authorities that these holsters were faulty and substandard and that if they were left in place that gardaí would be injured and could possibly be murdered. 'There is also no doubt that in two cases where there was potentially an issue with holsters that deliberately there were two different approaches to the follow-up investigations of the firearms and holsters that took place. 'Why was this? Were those who carried out the investigation qualified to ISO standard? What this garda is alleging is so concerning that the future Garda Commissioner and the current Minister for Justice will have no choice but to launch a full investigation into all facets of his allegations. They are problematic on so many levels. I'll keep raising them in the Dáil until they are investigated.' A Department of Justice spokesman said: 'Minister [Jim] O'Callaghan is aware of the issues raised in your email. As the issues form part of an investigation by Fiosrú, it would not be appropriate to comment at this time.
