Book of evidence served against man charged with capital murder of garda

Det Gda Colm Horkan died after he was shot while responding to an incident in Castlerea

 Stephen Silver (centre) at Castlerea District Court on June 19th, 2020 where he was charged with the murder of Det Gda Colm Horkan. File photograph: Colin Keegan/Collins Dublin

Stephen Silver (centre) at Castlerea District Court on June 19th, 2020 where he was charged with the murder of Det Gda Colm Horkan. File photograph: Colin Keegan/Collins Dublin

 

An application to return to jury trial a man charged with the capital murder of Det Gda Colm Horkan at the next session of the Central Criminal Court was granted on Friday by Judge James Faughnan at a sitting of Castlerea District Court.

Stephen Silver (44) of Aughaward, Foxford, Co Mayo was remanded in continuing custody to the Midlands Prison, Portlaoise. Previous court sittings had heard the accused has been receiving treatment at the Central Mental Hospital in Dundrum.

Det Gda Colm Horkan (49), who was based in Castlerea Garda station, died on June 17th last year at the junction of Main Street and St Patrick Street in the town after he was shot while responding to an incident in the town.

Prosecuting State solicitor Kieran Madigan confirmed service of the Book of Evidence and confirmed there were two charges before the court. He requested that the charge of capital murder be amended with the insertion of the words “knowing that of being reckless as to whether he [Det Gda Horkan] was a member of An Garda Síochána acting in the course of his duty”.

Solicitor for Mr Geraghty, Gearoid Geraghty, agreed to the amendment of the charge, on consent. A further application was made by Mr Madigan on behalf of the State, seeking the withdrawal of the original murder charge against the accused.

At a sitting of Castlerea District Court on December 4th last, the accused was charged with charge of capital murder, contrary to common law as provided for by Section 4 of the Criminal Justice Act 1964, Section 3 (1) (a), Section 3 (2) and Section 4 of the Criminal Justice Act 1990.

The court was informed that bail was not applicable in the case and that the accused be remanded to the Midlands Prison in Portlaoise. An application for legal aid on behalf of Mr Geraghty for the provision of one senior and one junior counsel for trail was also granted by Judge Faughnan.