Man (39) pleads not guilty by reason of insanity to murdering grandfather in Donegal Gaeltacht

Alison O'Riordan

A 39-year-old man has pleaded not guilty by reason of insanity to murdering his grandfather in the Donegal Gaeltacht over two years ago.

A prosecuting barrister told the trial of Derek Mulligan on Monday that the accused was the victim of serious sexual abuse at the hands of a school caretaker when he was a child and has suffered with a litany of mental health difficulties since his teenage years.

Patricia McLaughlin SC, said that expert consultant psychiatrists for both the State and defence are in agreement that the accused was suffering from a mental disorder when he killed his grandfather.

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

Opening the prosecution's case, McLaughlin, along with Fiona Crawford, said that where a mentally ill person commits a crime including taking the life of another, the law recognises it may not be the case that the person is responsible for the conduct they engaged in.

The focus of the panel's attention, the barrister said, was not whether these events happened or not.

"You will hear the accused admitted to this conduct. Your focus is on his mental state at the time," she said.

McLaughlin said once the defence of insanity is established, Mulligan is entitled to a verdict of not guilty by reason of insanity. She said the defence of insanity applied to all five counts on the indictment.

She said Mulligan had been examined by two consultant psychiatrists; Dr Ronan Mullaney on behalf of the defence and Dr Stephen Monks for the prosecution.

"Both are of the one mind that he was suffering from a mental disorder at the time and is enough to bring the defence of insanity into play".

Outlining the facts of the case, McLaughlin said Mulligan is originally from Bunbeg in Co Donegal but had been living in Carrickcoyle. She said the deceased man, Derek Burns, is the accused's grandfather and he had been living alone in the village.

Counsel told the panel that Burns and his wife Mary had five children, who were brought up in Edinburgh but later returned to live in Co Donegal.

The lawyer said Mary, who had been diagnosed with dementia, was living with her daughter Angela Mulligan, who is the accused's mother.

The prosecution barrister went on to tell the court that Burns had experienced ill health in recent times and became withdrawn but was still living with his family around him.

McLaughlin said the jurors would hear evidence that the accused man, Mulligan, had suffered a number of traumas in his life.

Counsel said the accused's father had died from lung cancer when Mulligan was 16 years of age. She also said that when the accused was 12 years old, he was the victim of serious sexual abuse at the hands of a school caretaker.

McLaughlin said that the individual was prosecuted in the Central Criminal Court and sentenced to 15 years in prison for abusing a number of victims.

There will be evidence, McLaughlin said, that Mulligan suffered a litany of mental health and psychiatric difficulties from his teenage years.

The barrister further stated that Mulligan returned to live in Donegal before December 2023. She said the accused's mother had sourced a house for him near where his grandfather lived, and Mr Mulligan had been residing there for several months.

She said the jurors would hear evidence that in the weeks leading up to December 17th, 2023, people around the accused had noted Mulligan's mental health deteriorating significantly and that he was behaving erratically.

Counsel said the accused's mother, Angela Mulligan, called gardaí to tell them that her son had been involved in an incident earlier on December 17th.

The court will also hear evidence, the lawyer said, that Mulligan was later detained by gardaí under section 12 of the Mental Health Act. The accused was examined by a GP, who said he needed to be admitted into a psychiatric hospital in Letterkenny.

Evidence will be that when the accused was detained under the Mental Health Act, no one knew what had happened to Burns.

There was an arrangement, said counsel, that one of Burns' daughters would come to visit her father at 3.30pm on December 17th.

When the daughter went up the laneway to her father's house, she noticed one of his dogs off the lead, which would have been "very unusual".

McLaughlin said the daughter found her father on the ground, unconscious and bloodied. She initially thought he had fallen and had a stroke. Burns died from his injuries two days later on December 19th.

Counsel said when Burns was brought to hospital, medical personnel were suspicious and didn't think his injuries were consistent with a fall.

Ultimately, the accused, Mulligan, was released from a psychiatric unit in Letterkenny on December 18th and arrested. He was brought to Milford Garda Station, where he was interviewed on three occasions and admitted carrying out the assault on his grandfather.

Mulligan has also pleaded 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 has further pleaded 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 has pleaded 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.

The trial continues tomorrow before Judge Eileen Creedon and a jury of seven men and five women.