A 31-year-old man has lost an appeal against his conviction for the murder of his baby son three years ago.
Somali refugee, Yusuf Ali Abdi had claimed expert evidence during his trial last year by a psychiatrist for the prosecution was inadmissible and had no factual basis.
He had denied murdering his 20-month-old son Nathan Baraka Andrew Ali on April 17th 2001 at his home in Co Kildare. He told the jury he was "a zombie" responding to "voices" directing him to continually hit his son at the time of the murder.
But the jury returned at 10 - 2 majority verdict finding Abdi, of The Elms, Collge Road, Clane, Co Kildare, guilty.
The Court of Criminal Appeal today upheld the verdict, saying the prosecution was entitled to call on the expert evidence of Dr Damien Mohan, a consultant psychiatrist at the Central Mental Hospital. It also found his testimony to be soundly based on a detailed 19-page report.
Two consultant psychiatrists for the defence had told the trial they believed Abdi was schizophrenic and legally insane at the time of the killing. But Dr Damien Mohan disagreed and expressed his belief that the murder was informed by a sane if perverted attitude.
Delivering a reserved judgment, Mr Justice Hardiman, with Mr Justice Murphy and Mr Justice Herbert, said it was a matter for the jury to decide the issue when faced with conflicting expert testimony.
He emphasised the central role of the jury on deciding the issue of insanity and said the role of the expert was to inform, not supplant the jury.
During the trial the jury heard that Abdi had taken the child from his mother's bed into another room and inflicted fatal injuries apparently by swinging the child or otherwise striking his head against the wall.