Cork man accused of murder thought 88-year-old hospital patient had killed his son 

The 33-year-old man on trial for murdering an 88-year-old patient at the Mercy University Hospital told interviewing gardaí he believed the deceased was a man in his mid-20s who had killed his child.

Dylan Magee was arrested at the Mercy University Hospital on January 22, 2023, following the violent death of Matthew Healy, and the first of five interviews took place on that day at the Bridewell garda station.

Asked: “What happened this morning?” he replied: “A lot of travellers came across and were tormenting us for the night. We got robbed. (Believed his son was taken). I started beating him, saying give me back the child. I kept hitting him and I couldn’t stop. The next thing I was in the van in handcuffs.

“He was asleep in the bed. I took the opportunity to beat him. When I stopped I was destroyed in blood. People coming into the room looked afraid. I realised I went over the top.”

He said his punches were full force and amounted to about 20 blows over a minute or two. The accused said he believed the victim was a particular man he knew who was in his mid-20s.

Asked what his plan was, he replied: “To hit him and teach him a lesson, that he cannot do that kind of thing. They are going to get mangled some night. I was in a sound state of mind when I was doing it. I didn’t think he was going to die at all. I looked at my hands. He kidnapped my child.

“I was vexed. I told him he robbed my son and I started hitting him. I wanted to give him a hammering. I told him this is what is going to happen – he won’t be annoying me anymore. When his face went soft I said that is enough now.”

At another stage he told gardaí: “I had no self-control.” 

He said he was seeing dead people including his brother and a friend who had both died in the previous year by suicide.

Interview

During one interview he said to the detectives, Padraig Harrington and Liam Lingane: “I am not talking to you, I am talking to him,” as he looked directly at the wall.

Later he said: “He killed my young fella so I killed him… My head was all over the place… I was fully sure he killed my son.”

“Were you going to keep going until he was dead?” he was asked. 

Dylan Magee replied: “Probably, yeah.”

Consultant psychiatrists were called to give evidence about the defendant’s mental state at the relevant time.

Dr Stephen Monks was called by defence senior counsel Brendan Grehan, and he described the history given to him by the accused man of starting to drink alcohol at the age of 11 or 12 and going through his teens to smoke five or six cannabis joints each day and later developing an addiction to relaxant Benzodiazepine tablets, where he could take up to 50 of them per day.

In the days before his admission he was having paranoid thoughts and hallucinations, telling family he had cycled to Killarney. His doctor referred him for urgent admission to the Mercy for suspected delirium. 

The accused told of remembering washing blood off his hands in St Joseph’s ward, very little of being interviewed and he remembered being taken to court. He was put on treatment in prison for Benzodiazepine withdrawal.

“After a couple of weeks he was more or less back to base line. No symptoms of mental illness when I saw him,” Dr Monks said.

Delirium

The forensic psychiatrist described delirium as a very serious mental condition that occurs abruptly over hours, as distinct from schizophrenia which might go on for weeks or months. 

He said the delirium occurred having taken medication and was probably contributed to by having a covid 19 infection.

“It appears delirium evolved to withdrawal delirium from Benzodiazepines,” Dr Monks said, adding that this was similar to delirium tremens from alcohol withdrawal.

Called by the prosecution, Dr Richard Church said he agreed with Dr Monks that his ability to refrain from the attack was impaired. Dr Church said: “Not only was he unable to refrain but professionals around him when his aggression was escalating were unable to prevent him from carrying out the attack.”

Dr Church said a verdict of not guilty by reason of insanity is available to the jury to consider. So too is the verdict of diminished responsibility.

Cross-examining

Brendan Grehan, cross-examining Dr Church summarised that the witness was saying the full defence under the Insanity Act and the partial defence of diminished responsibility were something on which both experts agreed. 

The witness said that at the relevant time, Dylan Magee was very severely impaired to the point of being unable to refrain from acting.

When the trial commenced, Dylan Magee of 30 Churchfield Green, Cork, was arraigned on the charge that on January 22, 2023, at Room 2, St Joseph’s Ward, Mercy University Hospital, he did murder Matthew Healy, contrary to Common Law.

He replied: “not guilty to murder, guilty to manslaughter by reason of diminished responsibility.”

The murder trial continues.