THE JURY at the trial of a young Cavan man accused of murder has been hearing closing speeches from the prosecution and defence at the Central Criminal Court.
Séamus Fitzgerald (21), has pleaded not guilty to murdering his father James Fitzgerald (56), in Lisgar, Bailieborough, Co Cavan on January 8th, 2006.
It is the prosecution's case that Séamus strangled his father in the kitchen, dragged his body through a hallway to his bedroom, attempted unsuccessfully to take the body out the window and then dragged it back to the hallway, before stabbing him. The prosecution says that he did this in order to steal money from his father to buy a car.
Alex Owens SC, prosecuting, told the jury the real issue in the case would be whether, at the time of the alleged murder, Séamus was suffering from a mental disorder which "substantially diminished his responsibility".
The jury had previously heard that he suffers from Anti-Social Personality Disorder (ASPD). This results in a "callous unconcern for the feelings of others and a disregard for social rules and norms". Mr Owens said that because someone suffers from ASPD it "does not mean it is such to diminish responsibility for actions".
Patrick Gageby SC, defending, told the jury the prosecution's case was "relatively simple". "The prosecution is trying to tell you that this is a perfectly ordinary case where the son wanted money from the father and killed him," he said. "Is the crime normal and is the criminal normal? The answer is no and no. Séamus is marching to a different tune to all the rest of us.
"What I am asking you to do is to ask yourself was his decision to kill his father affected by his mental disorder."
Earlier, Dr Ian Bownes, a consultant psychiatrist with the Western Health and Social Services Trust in Northern Ireland, gave evidence. He told the jury that Séamus was "suffering from a mental disorder and a significant brain abnormality" at the time of the alleged murder.
Previously, the court heard that a scan revealed damage to his brain.
Dr Bownes said that this "brain lesion", along with the results of a number of tests carried out, shows that Séamus has a number of "deficits" including an "abnormally low threshold for discharging aggression and an abnormally limited ability to appropriately contain negative feelings". He said his inhibitory mechanisms are "not as well refined and functioning as others of his age. He is not suffering from a mental illness. It is a disorder of personality, a lack of order in his personality."
The jury is expected to retire to consider its verdict this morning after being charged by Mr Justice Kevin O'Higgins.