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Jury accepts diminished responsibility defence for killing sister

This article is from page 1 of the 2007-04-24 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 1 JPG

AN ENNISTYMON couple last night said that justice had been done, after their 21-year-old son was ac- quitted of the murder of their teenage daughter.

There were emotional scenes at the Central Criminal Court after a jury found Patrick O’Dwyer of Shrohill, Ennistymon, not guilty of the mur- der of his sister, Marguerite (17), at the family home, on November 29, PAu s

He claimed a defence of dimin- ished responsibility, in that he suf- fered from a mental disorder when he killed his sister, a Leaving Certifi- cate student.

The jury agreed and found him guilty of manslaughter, by reason of diminished responsibility.

O’Dwyer, who showed no emotion during the six-day trial, smiled as he hugged his mother and sister, mo- ments after the jury brought in the verdict.

He then spoke briefly to a friend on a mobile phone, before being led away into custody.

His mother Claire tightly clenched his hand in hers and fought back tears of relief, before she embraced her husband Paddy.

Their sole comment came from Patrick’s sister Louise (22) moments ETC merc KM Uolome-DOOBU NAN (oJMMmOelomerelUb am

“We are just relieved that justice has been done,” she said.

The jury reached its majority 10-2 decision at 8.05 pm, after deliberat- ing for seven hours and 33 minutes. It had earlier failed to reach a unani- mous verdict.

Trial judge Mr Justice Paul Carney remanded O’Dwyer in custody for sentencing on May 21.

“This is the first finding in this ju-

risdiction of diminished responsibul- ity on the new insanity statute,” said the judge, referring to legislation brought into effect just last year.

O’Dwyer hit his sister six times on the head with a claw hammer and in- flicted more than 90 stab wounds to her body in a frenzied attack which lasted just 15 minutes.

He told gardai he had contemplated suicide and attacked his sister while

She watched television, as he feared she would get in the way of his sut- cide attempt.

“It’s like being inside a room with a video and I can’t turn it off,” he told ee KOrNE

Mr Justice Paul Carney told the jury the “battleground” of the case was Whether Patrick O’Dwyer was suf- fering from a mental disorder. The prosecution argued that he wasn’t,

while the defence claimed he was, said the judge.

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