There is nothing before you to suggest that the psychiatrists are incorrect in their conclusion regarding the mental state of Mr Burke.” She added: “The evidence is all in one direction.
That is the medical evidence, it is not disputed.”Īnne-Marie Lawlor SC, for the prosecution, in her final address to the jury urged them to return a verdict in accordance with the evidence and in accordance with the oath they had taken.
Neither the prosecution, nor the defence was arguing for either of those verdicts and, the judge said: “The medical evidence all goes one way, in favour or a verdict of not guilty of murder but guilty of manslaughter by reason of diminished responsibility. Guilty and not guilty verdicts, he said, are not supported by the evidence and the jury must decide the proper verdict based on the evidence. Mr Justice Burns said there are “theoretically three verdicts” available: guilty, not guilty, or not guilty of murder but guilty of manslaughter due to diminished responsibility.
JASMINE STAR99 TRIAL
The evidence of two psychiatrists who gave evidence in the trial was that Mr Burke was suffering from a mental disorder at the time and that his responsibility for her killing was therefore substantially diminished. The accused, he said, accepts that he killed Ms McMonagle and the issue for the jury to decide was whether that killing amounted to manslaughter or murder. Photograph: James Connollyīefore sending the jury out to consider their verdict, Mr Justice Burns told them that the parties all agree on the evidence. Richard Burke (front), is seen leaving a special sitting of Sligo District Court.
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