This article is from page 4 of the 2007-04-17 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 4 JPG
THE issue of diminished respon- sibility 1s a central part of the case and it will be up to the jury to decide if Patrick O’Dwyer suffered from a mental disorder when he killed his sister, according to the prosecution. Outlining the facts of the case, sen- ior counsel for the prosecution, John Edwards told the jury of six men and six women that Marguerite O’ Dwyer was a 17-year-old Leaving Certifi- cate student at the Convent of Mercy, Ennistymon, and her brother Patrick was a 19-year-old apprentice butcher
in the town.
The two were staying on their own in the family home at Shrohill, En- nistymon, on November 29, 2004.
Their sister Louise was in Galway — where she was a university student — and their parents were on a week- long holiday in Gran Canaria.
Mr Edwards said that at 2.40pm on November 30, Patrick O’ Dwyer walked into Ennistymon garda sta- tion and said he had killed his sister.
Mr Edwards said gardai went to the O’Dwyer home and found a body in the sitting room.
State Pathologist Dr Marie Cas-
sidy carried out a post-mortem ex- amination on the deceased’s body and found she died from blunt force trauma to the head, as a result of six blows.
“This type of injury would cause rapid death and it was irrecoverable,” he said.
He said Marguerite had sustained at least 90 stab wounds to the head, trunk, legs and body. Many of the wounds were sustained after the young girl had been immobilised and possibly dead.
Mr Edwards said the accused ad- mitted causing the injuries from
which his sister died.
‘Marguerite O’Dwyer was hit over the head viciously with a hammer on a number of occasions. Stab wounds were perpetrated on her body with a scissors. There were 90 odd stab wounds. It’s the State’s case that if you hit somebody over the head re- peatedly with a hammer, the natural probable consequences of that is that you are going to kill the person or seriously injure. It’s the State’s case that Patrick O’ Dwyer intended to kill her,’ he said.
“You may hear evidence that will seek to rebut that. It 1s the prosecu- tion’s case that this was murder and nothing else. What is likely to be a central issue in this case 1s whether or not the accused was a person of diminished responsibility. Up until recently, there was no case in Irish law of diminished responsibility. If a defence of diminished responsibil- ity is canvassed, that will be a matter for you to consider. I understand that it will be canvassed. You have to be satisfied that Patrick O’Dwyer com- mitted the act alleged and you have to be satisfied at the time he suffered from a mental disorder.”
“The issue for you is to decide whether this is a crime of murder or a crime of manslaughter,” said Mr Edwards.