A 43-year-old man with a history of mental illness incorrectly told gardaí he had strangled his father to death when he was questioned in custody following medical treatment in hospital to subdue him.
At the Central Criminal Court yesterday, defence lawyer Mr Patrick MacEntee SC, demanded that gardaí uncover what exact medication his client was given prior to making statements "of fantasy" to gardaí.
It was the second day of the trial of Mr Anthony McAuliffe Rosevale Court, Brookwood Glen, Artane, Dublin.
Mr McAuliffe has pleaded not guilty to the murder of his father, Mr John McAuliffe (71) at Rosevale Court between October 27th and 30th 2001.
In evidence from Det Garda David Gallagher the court heard that following his arrest, the accused was deemed "fit for interview" after being treated for a number of hours in Beaumont Hospital. Despite this a number of Garda "observers" were present in the interview room to ensure there was not a "relapse into violence", the witness said.
In a statement the accused repeatedly detailed strangling his father following prolonged feelings of depression, tension and anxiety "building up" inside him.
Yet evidence from the State Pathologist Prof John Harbison clearly showed that the elderly man was not strangled, but died as a result of a number of knife wounds to his neck and shoulder, which severed the jugular vein.
He had also been mutilated with a knife following his death. "Some mental derangement must have occurred," Prof Harbison said.
Mr MacEntee put it to the witness that considering the "grotesqueness" of the offence and the psychotic and violent condition his client was in when arrested, it was necessary to ascertain the likely effects of the medication on his client's mind.
Det Garda Gallagher agreed with Mr MacEntee that "the most vital parts of the statement" made in these circumstances by the accused were incorrect and "at variance with reality".
"On the basis of Dr Harbison's evidence I would say Mr McAuliffe was incorrect," he said.
He also agreed that a number of other details given by the accused did not correspond with forensic findings.
Counsel for the defence also suggested to Det Sgt Gary Kelly that his client's fitness to be interviewed was subject to an independent witness being present. "The director of the Central Mental Hospital indicated that it would be appropriate to interrogate the accused provided an independent adult was with him at all times," Mr MacEntee said.
"No my lord, I definitely wasn't told that," Det Sgt Kelly said.
He described the accused as "a completely different man" at the time of interview to that at the time of his arrest.
He told the court that he would make inquiries at Beaumont Hospital to find out what medication was given to the accused prior to interview and the likely effect it had on him.
Prosecution counsel, Mr Kenneth Mills, has said the issue the jury must decide is whether the accused was insane at the time of the killing. The deceased man's brother, Frank, told the court the accused had stopped taking his medication because he didn't think it was helping him.
He gave evidence of the close relationship the accused had with both his parents and said "all their lives they [the deceased and the accused] were the best of friends".
"It is the wish of his family that he be left [in the Central Mental Hospital] until he gets the proper care, no matter how long it takes," the witness added. The trial continues today.