Jury is deliberating this afternoon in Mercy hospital murder trial

Both sides agree that verdicts of guilty or not guilty to murder are effectively “not on the table” and that the issue for the jury is “in the middle ground of mental disorder.” 
Jury is deliberating this afternoon in Mercy hospital murder trial

Dylan Magee is on trial for the murder of an elderly man in a ward at the Mercy University Hospital in January 2023. Picture: Dan Linehan.

Prosecution and defence lawyers in the Mercy University Hospital murder trial agree that verdicts of guilty or not guilty to murder are effectively “not on the table” and that the issue for the jury is “in the middle ground of mental disorder.” 

Prosecution senior counsel Jane Hyland and defence senior counsel Brendan Grehan both agreed on this matter in their closing speeches to the jury at the Central Criminal Court sitting in Cork today.

Ms Justice Siobhán Lankford told the jury of eight men and four women shortly before they commenced their deliberations before lunchtime today, that they could well take the view that 33-year-old Dylan Magee who was admitted to hospital for treatment for delirium, and 88-year-old Matthew Healy who had a fall at home, were both let down by the system.

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.” 

Ms Hyland said today: “This is a horrendous case. It is a tragedy for Matthew Healy and for his family. It is a difficult case for Dylan Magee. Both of these men went to hospital for treatment. I would ask you to put away what you might undoubtedly feel, and the bizarreness of the interviews, with references to cannibalising children, and ask you to narrow in on the psychiatric evidence.

“We suggest the ingredients are there for a verdict of not guilty by reason of insanity and it is also open to you to give a verdict of not guilty to murder, guilty to manslaughter by diminished responsibility.” 

Mr Grehan said: “Effectively, the issue is about mental disorder and the impact it had on what occurred. No one can take away the awful tragedy that befell Mr Healy and his family. The only thing for which we can be a small bit grateful is that he was asleep and hopefully was knocked out by the first blow. At almost 89 and having recently buried his wife.

“Dylan Magee was slowly losing contact with reality. For reasons we don’t quite understand, Dylan Magee was put into a ward with a number of elderly patients when he was clearly showing mental health symptoms of delirium, with which he was diagnosed – hearing voices, hallucinating, seeing dead people, behaving in a hyper manner.

“The two worlds collided after 5am that morning when the unfortunate Mr Healy was asleep in bed. Dylan Magee developed a fixation that he (the deceased) was his uncle, which he was not … that Mr Healy had eaten his child, killed him or kidnapped him. And that he was (named man) in his 20s.

“(Outside the room after the fatal attack) one nurse described the accused as looking like he did the right thing here, looking like he thought he had done a good thing. You are dealing with a mind that was clearly disturbed. 

"I am contending for a guilty verdict but guilty of the appropriate offence and is not guilty of murder but guilty of manslaughter by reason of diminished responsibility.” 

The jury is continuing to deliberate.

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