Donegal man who killed grandfather committed to Central Mental Hospital

Alison O'Riordan

A native Irish speaker who bludgeoned his grandfather to death outside his home in the Donegal Gaeltacht continues to suffer from a mental disorder and has been committed to the Central Mental Hospital for treatment.

A Central Criminal Court judge made the order on Monday afternoon, over two weeks after a jury returned the special verdict of not guilty of murder by reason of insanity following the trial of Derek Mulligan.

On March 27th at the Central Criminal Court, the jury accepted the evidence of two psychiatrists by a majority verdict that 39-year-old Derek Mulligan was suffering from paranoid schizophrenia when he killed his grandfather.

Lawyers for Mulligan had submitted in their closing address that a "just and humane society" seeks not to punish those who are unwell, but to treat them with specialist care, while the State told the jury that there was "convergence of psychiatric opinion" in the case.

Evidence had been given that Mulligan, who as a child suffered serious sexual abuse at the hands of school caretaker Michael Ferry, told professionals that the paedophile's release from prison had caused him to "spiral".

The trial heard that Ferry was sentenced to 14 years in prison after he was convicted of sexual offending against several boys, including the defendant.

Mulligan (39), with an address at Carrickcoyle, Derrybeg, Gweedore in Co Donegal had pleaded not guilty by reason of insanity to the murder of his grandfather Derek Burns (78) at Carrickcoyle on December 19th, 2023.

Consultant forensic psychiatrist Dr Dearbha Duffy, who on Monday gave evidence to the court via audio-link, agreed with prosecutor Patricia McLaughlin that Mulligan had been put under her care on March 27th last.

Dr Duffy was tasked with preparing a report on the defendant pursuant to section 5(3) of the Criminal Law (Insanity) Act 2006 as to whether Mulligan is suffering from a mental disorder and is in need of inpatient care at the Central Mental Hospital (CMH).

The expert witness said she had access to Mulligan's inpatient file at the CMH and had carried out a mental state examination on him on April 9th.

She said Mulligan told her he had no current delusional thinking but continued to report auditory hallucinations, which were not causing him distress.

Dr Duffy said Mulligan had demonstrated partial insight into his illness but that he continues to suffer from long-standing paranoid schizophrenia. She said the defendant had only partially responded to treatment and had not yet achieved illness remission.

The witness said she was satisfied Mulligan continues to suffer from a mental disorder and is in need of inpatient care and treatment at a designated centre, namely the CMH.

Justice Eileen Creedon said she had heard the doctor's evidence and that the court was satisfied with her opinion. The judge committed Mulligan to the CMH under the provisions of the Criminal Law (Insanity) Act 2006 to continue his inpatient care and treatment.

Dr Ronan Mullaney, for the defence, had told the jury that Mulligan was suffering from the mental disorder of paranoid schizophrenia at the time. He said the defendant would have been unable to know the wrongfulness of his actions and was unable to refrain from committing the act.

Dr Stephen Monks, called by the prosecution, told the jury that the accused was suffering from the severe mental disorder paranoid schizophrenia when he killed his grandfather.

He said by reason of this mental disorder, the defendant did not know the nature and quality of what he was doing, did not know what he was doing was wrong and was unable to refrain from committing the act.

The jury of seven men and five women spent two hours and 22 minutes deliberating before bringing in majority verdicts on all five counts of not guilty by reason of insanity.

The trial had heard evidence that Mulligan has a history of substance abuse and at one point was smoking up to €50 worth of cannabis daily.

Mulligan was also found not guilty by reason of insanity that on December 17th, 2023, at Carrickcoyle, he did without lawful excuse damage property, to wit the windscreen of a Nissan Quashqui belonging to Catherine McDermott, intending to damage such property or being reckless as to whether such property would be damaged.

The defendant was further found not guilty by reason of insanity that on the same occasion he did without lawful excuse make threats to McDermott to kill or cause her serious harm, intending her to believe that these threats be carried out.

In addition, Mulligan was found not guilty by reason of insanity to two counts of assaulting Breege McFadden and Derek McFadden at Carrickmacafferty, Derrybeg in Co Donegal on the same date.