Murder accused believed wife might kill him after he confessed to cheating, trial hears

Court hears Diego Costa Silva told gardaí ‘sometimes you have to behead somebody because this person is possessed’

A man accused of murdering his wife told gardaí he heard voices in his head and that “sometimes you have to behead somebody because this person is possessed”, a court has heard.

Diego Costa Silva said he had confessed to cheating on his wife and believed she was going to try to kill him. He said he did not feel safe and thought that if he did not do it, “she could do it to me”.

Mr Costa Silva (35) has pleaded not guilty to the murder of Fabiola Camara De Campos Silva (33) on November 4th, 2021 at their home in Charlestown Place, Finglas, Dublin.

The Central Criminal Court jury hearing his trial has been told they will be asked to return a special verdict under the Criminal Law (Insanity) Act 2006.

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Det Garda Carl Smith told Edward Doocey BL, for the Director of Public Prosecutions, on Wednesday that gardaí interviewed the accused five times at Finglas Garda station on November 4th and 5th, 2021.

He told gardaí that he and his wife arrived in Ireland five years earlier and lived in Cabra before moving to Charlestown Place.

On the day before he killed his wife, Mr Costa Silva said he spent time in the Mater hospital after being detained by gardaí when he was seen running in Dublin city centre in his bare feet and wearing only a pair of shorts. He said his wife picked him up after he was released and drove him home some time between 6pm and 8pm.

He said they had a fight at about 6am and he “wasn’t feeling safe”. He told the detectives he has “hurt on my mind, a sound or vibration in my ear and a voice in my head.” He later complained of having “something electronic in my ear” and of hearing “so many voices”. He said he did not argue with his wife but the “fight” started because “I just felt if I didn’t do it she could do it to me”.

When gardaí put it to him that his wife did not try to kill him, he replied that her behaviour “led me to believe she was going to try to kill me.”

He described his wife biting him on the leg and scratching his shoulder with her nails before he struck her on the head two or three times with a cup. He said he then began choking her before putting his foot on her neck. The accused said she fainted and he stabbed her “in her heart” before cutting off her head.

“I took her head, I took a knife and I cut her head,” he said. When asked why he did this, he replied: “How can I explain? Sometimes you have to behead somebody because this person is possessed.”

He described four knives he used and said called gardaí 10 or 15 minutes later after the attack.

Mr Costa Silva said he had previously cheated on his wife and told her about it. She was upset and their relationship became strained but they stayed together, he said. He said they loved one another and had been together for 15 years.

He said he did not tell his wife about the voices he was hearing. When asked if she knew there was something wrong, he said: “She complained when I smoked weed”. He said he had last smoked cannabis three days previously and would have one or two joints a day, or more if he could get it. He said he does not take other drugs and his wife never smoked.

Det Sgt Louise McHugh told Shane Costelloe SC, for the prosecution, that she arrested and charged the accused with his wife’s murder following his interviews. He did not reply.

She agreed with Garnet Orange SC, for Mr Costa Silva, that the accused’s only previous convictions were for minor road traffic matters. A urine analysis taken following his arrest was positive for cannabis but not for alcohol or other drugs.

Garda Colin Miley told Mr Costelloe that two days before the fatal incident he was on bike patrol at about 3.20pm when he saw Mr Costa Silva running barefoot and wearing only shorts on Middle Abbey Street in central Dubiln. He said he caught up with Mr Costa Silva near the Spire and found him to be distressed and disorientated.

When asked what he was doing, Mr Costa Silva said he had jogged from Finglas to the city centre as he liked jogging barefoot. When asked if he was “okay”, Mr Costa Silva said he was upset and depressed following an argument with his wife.

He told Garda Miley he had recently confessed to his wife that he had kissed another woman and he suspected she was having an affair or affairs as revenge for what he had done.

Garda Miley said he had a concern regarding Mr Costa Silva’s mental health and detained him under section 12 of the Mental Health Act to be examined by a doctor. He was taken to Store Street station where he agreed to go to the Mater hospital to be assessed.

On the journey to the Mater, Garda Miley noted that the accused was crying and seemed highly distressed. When a nurse asked if he was feeling suicidal, Mr Costa Silva replied: “Yes.”

The trial continues.