Evidence draws to close as O'Donnell trial enters 50th day

EVIDENCE in the trial of Mr Brendan O'Donnell should conclude today, counsel has indicated to the Central Criminal Court.

EVIDENCE in the trial of Mr Brendan O'Donnell should conclude today, counsel has indicated to the Central Criminal Court.

Mr Patrick MacEntee SC, defending, told the court yesterday it was hoped evidence in the trial would conclude today and speeches from the prosecution and defence would begin tomorrow.

Mr Justice Lavan might then charge the jury on Monday after which they would be sent out to consider their verdict, he said.

Yesterday was the 49th day of the trial of Mr O'Donnell (22), from Co Clare. He has pleaded not guilty to the murder of Ms Imelda Riney (29) and her son Liam (3) between April 29th and May 8th 1994. He also denied the murder of Father Joseph Walsh (37), the former curate of Eyrecourt, Co Galway, between May 3rd and 8th, 1994, and the false imprisonment of Father Walsh. He has denied kidnapping Ms Fiona Sampson and Mr Edward Cleary on May 7th, 1994.

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In court yesterday, Dr Damian Mohan, a forensic psychiatrist, said he first saw Mr O'Donnell on May 9th, 1994, two days after his arrest, and had seen him about 42 times between May 1994 and February 1995.

At that time, he showed no evidence of mental abnormality or defective reason, Dr Mohan said. On May 9th, he had carried out a mental state examination cot Mr O'Donnell because the Mountjoy Jail authorities were concerned he had threatened suicide. He found no evidence of depressive illness or of disorganised thought or a false belief system.

Dr Mohan had asked Mr O'Donnell did he wish to die and Mr O'Donnell had said he had "nothing to lose". Mr O'Donnell had given "a sensible account" of his life and displayed no amnesia about recent events.

He saw Mr O'Donnell on more than 40 other occasions and had been concerned about his mental state at periods.

During an interview on September 7th, 1994, doctors had asked Mr O'Donnell about the offences of 1994. Mr O'Donnell had said when he was doing "this" he was "fucked up". "My head just went," he said. He had asked: "Why did I do it?"

Dr Mohan found no definite evidence that Mr O'Donnell suffered from schizophrenia or a depressive disorder. Mr O'Donnell knew what he was doing was wrong because he tried to hide it and he was able to stop himself doing more serious harm to Ms Sampson, the witness said.

Opening his cross examination, Mr MacEntee read from an article in the British Journal of Psychiatry which dealt with the use of a certain drug in the treatment of a 10 year old boy with drug resistant schizophrenia.

Dr Mohan agreed the Journal was a reputable publication. He said the accepted standard classification was that schizophrenia starts at 15 years. Asked how he would describe the prescription of 100 mg of the drug melleril three times daily, the witness agreed it was not a low dose.

Dr Mohan agreed Mr O'Donnell had told untruths and was inconsistent on May 9th 1994. He had recommended that suicide precautions be taken because he regarded Mr O'Donnell to be under extreme risk of self injury. He was concerned about Mr O'Donnell and described his conduct over periods in detention as very abnormal. He agreed a period of sensory deprivation during his time in Mountjoy could have tipped him into a psychotic state.

He agreed Mr O'Donnell had given approximate answers to questions in some interviews and that such answers were a symptom of schizophrenia.

Dr Mohan said Mr O'Donnell had been kept in a padded cell from July 4th to 18th, 1994 and for other periods during his imprisonment. He had not been aware that O'Donnell had defecated in his cell and was seen sucking his thumb.

He agreed that the drugs used to treat Mr O'Donnell's mother in Ennis psychiatric hospital suggested to him she had a major psychiatric illness.

Mr MacEntee put to the witness that the doctors who regarded Mr O'Donnell as floridly schizophrenic were correct and others who said otherwise were affected by the determination not to have "this troublesome patient" in the Central Mental Hospital.

Dr Mohan said he had no vested interest in whether Mr O'Donnell was kept at the CMH. He believed Mr O'Donnell was a vulnerable individual at the moment. He had been and was now in the care of the CMH and would be in its care in the future.