This article is from page 4 of the 2007-06-19 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 4 JPG
AN assertion by Patrick O’Dwyer’s mother that he had no control over his actions when he killed his sister was disputed by the trial judge.
Mr Justice Paul Carney reflected on Claire O’Dwyer’s Victim Impact Statement, at the sentence hearing in the Central Criminal Court in Dub- lin yesterday.
“Mrs O’Dwyer has said that Patrick had no control over the events that
happened that night. If that were the Situation, he’d be entitled to an ac- quittal on the grounds of insanity,” said Mr Justice Carney.
“Diminished responsibility is ex- actly what it says. It reduces your responsibility. It doesn’t extinguish it,’ he said.
“In my view you still bear respon- sibility for this savage killing,” said the judge, in reference to a case in the UK, where the defence of diminished responsibility was utilised.
“It is obviously a particularly tragic case. It’s something that happened within a family but it’s not a family law case. There is very live public in- terest in it,” he said.
“If people go out and behave as this man did one morning they wake up facing either a rape or a homicide tbe exen
“Everybody must have great sym- pathy for the family in this case,” he rae
He said he was taking into account
the remorse expressed by O’Dwyer and that he had no previous convic- tions.
“IT am ruling out a suspended sen- tence. It’s far too grave and serious for that,” said the judge.
He imposed a six-year jail term, backdated to November 30, 2004, when the accused went into custody.
“In view of the fact that this is the first case arising from diminished re- sponsibility, I am granting a certifi- cate of leave to appeal,’ he said.
He refused a request to suspend a portion of the sentence.
Earlier, O’Dwyer’s defence barris- ter Patrick Gageby, SC, said the kill- ing was “not a premeditated crime.”
Consultant psychiatrist Dr Paul O’Connell — who gave evidence dur- ing the trial – told the court yester- day there was a noted improvement in O’Dwyer’s mental health since he started taking Lamotrigine, a mood regulating medication last year.
He said O’Dwyer had participat- ed in group therapy and a cookery course in Wheatfield prison.
‘He is making progress, better than I anticipated,” he said.
He said, however, that his disorders would require “a lifetime manage- ment”.
He said the absence of intoxicant use would be an “absolute require- ment” in the future reintegration of O’ Dwyer into the community.