Kerryman strangled his mother during manic or hypomanic episode, court hears

Eoin Reynolds

A Kerry man who strangled his mother while suffering a manic or hypomanic episode related to bipolar disorder still understood what he was doing and is guilty of her murder, the State is to argue before a trial jury.

Sean Guerin SC for the Director of Public Prosecutions in his opening speech, said that there is no dispute that the accused man, Billy Burns (55), was suffering from a mental illness when he assaulted his mother.

Counsel told the jury that they will be satisfied that Mr Burns committed the acts that led to his mother's death. The issue for them to decide is the consequence of psychiatric illness on Mr Burns' mental state at the time of the killing.

The trial also heard on Wednesday that before her death, the deceased texted her daughter saying that the accused had called to her home in a "psychotic" state and was in need of help.

In 28 admissions made by the accused, Anthony Sammon SC, for Mr Burns, said his client further accepts that his mother phoned a garda to say that the accused had returned home and his mental health had deteriorated.

Mr Burns (55) of Arlington Lodge, Tralee, is charged with murdering Miriam Burns (75), on a date unknown between August 12th and 15th 2022, both dates inclusive, at an address in Ardshanavooley, Killarney.

Mr Burns has pleaded not guilty by reason of insanity.

Mr Guerin told the jury that Miriam Burns was the mother of four adult children and lived alone at Ardshanavooley. Two days before her death, her son Billy Burns returned to the Killarney area having spent time away.

He did not have a place to stay and lived rough in the Ross Castle area, a well known tourist destination.

At lunchtime on August 12, he called to his mother's home but the visit "ended badly", Mr Guerin said. A witness will tell the trial that he saw the accused slamming his mother's front door and shouting at her: "You f*****g c**t."

Mr Burns returned to his mother's house at about 10pm that night and remained there until the following morning. Mr Guerin said the prosecution case is that Mr Burns killed his mother some time between 10pm on August 12 and the early hours of August 13.

Mr Guerin said the jury will hear that Ms Burns died from asphyxia by manual strangulation and suffered blunt force trauma to the head.

Mr Burns was seen leaving his mother's home that morning and returning at about 7.30pm. He left again on a bike with a rucksack on his back, Mr Guerin said, and returned to the Ross Castle area.
That night, Mr Burns attempted to destroy items he had taken from his mother's house by starting fires at different locations around Ross Castle, Mr Guerin said. "The prosecution says these were deliberate attempts to destroy evidence related to the killing of his mother," Mr Guerin said.

On August 15, when her family were unable to contact Ms Burns, they asked neighbours to check on her. When they entered Ms Burns's home using a spare key, they found her lying in her front room. A doctor pronounced death a short time later, Mr Guerin said.

Mr Burns was arrested on August 16 and interviewed before being rearrested in February 2023 for further questioning, after gardai became aware of new information.

Mr Guerin told the jury that the accused man accepts that he committed the acts that resulted in his mother's death, but says that he was seriously psychiatrically ill at the time. A psychiatrist who will be called by the defence will say that due to Mr Burns's mental illness, he didn't understand the nature and quality of his actions, did not know that what he was doing was wrong, and was unable to refrain from killing his mother.

A psychiatrist who will be called by the prosecution agrees that Mr Burns was suffering from a manic or hypomanic episode, but will say that the accused understood the nature and quality of his actions, knew they were wrong and was able to refrain, Mr Guerin said.

Counsel told the jury that in this case, they will also have to consider the relevance of intoxication from the use of a controlled drug.

Following the prosecution opening, Anthony Sammon SC for Mr Burns's defence, told the jury that his client wants to make admissions so that a number of witnesses do not need to be called.

Besides admitting to the communications by his mother, Mr Burns accepted that he killed his mother and that she died from asphyxia due to manual strangulation associated with blunt force trauma to the head.

He further accepts that State Pathologist Dr Margot Bolster found evidence of "extensive trauma with multiple bruises" to Ms Burns's head, face, neck, back, legs and arms.

The pathologist also found a fracture to Ms Burns's nasal bone, bruising around both eyes and extensive bruising and swelling of the upper lip and inside the mouth.

Bruising to her right hand was in keeping with offensive or defensive injury, Mr Sammon said.

The trial continues before Ms Justice Karen O'Connor and a jury of eight men and four women.