The trial of a Co Wicklow farmer who denies murdering his brother in a row over his mother’s burial has heard “dementia impaired his judgment”.
Cecil Tomkins (63), New Lodge Nursing Home, Stocking Lane, Rathfarnham, Dublin, has pleaded not guilty at the Central Criminal Court to murdering Walter Tomkins (66) at Cronlea, Shillelagh, on July 1st, 2010.
The bachelor, who suffers from Parkinson’s disease, told gardaí he shot his brother Walter, who was also a bachelor, in the hallway of the house they shared because he did not follow his mother’s burial wishes.
The trial has heard Bella Tomkins had been buried on June 28th locally in Aghowle with her late husband. Her original wish was to be buried with family in Kilcormac, Co Wexford, but the court was told she had later reserved a plot in Gorey in 2001 and left money in an envelope and a letter outlining her wishes to be buried there.
Consultant psychiatrist at the Central Mental Hospital Paul O’Connell told the court it was his opinion that Cecil Tomkins had dementia, which “impaired his judgment”, and that “a defence of diminished responsibility is available”.
He told counsel John O’Kelly, defending, that a defence of insanity may be possible but it was difficult to establish because he did not assess the accused closer to the time of the incident.