In determining if cannabis-triggered psychosis is considered a mental disorder, the jury may establish whether a man who murdered his wife can be acquitted on grounds of insanity. On Thursday, Mr Justice Tony Hunt addressed the jury in the case of James Kilroy, who took the life of his wife Valerie French Kilroy at their residence in rural Mayo, by throttling, assaulting and stabbing her.
He informed the jury, comprising eight females and four males, that psychiatric experts had diverging viewpoints on whether Mr Kilroy, a user of cannabis, could utilise the insanity plea if he was under the influence of a substance-induced psychotic episode at the time of the crime. Dr Ronan Mullaney, a defence-mediated professional psychiatrist, argued that Mr Kilroy was undergoing drug-triggered psychosis, which according to him falls under the category of mental disorder in the Criminal Law (Insanity) Act.
Dr Mullaney concluded that due to this disorder, Mr Kilroy was unaware that his actions of murdering his wife were incorrect, and he couldn’t control his urge to do so. Therefore, he meets the conditions for the exceptional verdict of innocence due to insanity, as per Dr Mullaney. Meanwhile, the prosecution-involved Prof. Harry Kennedy stated that it was likely Mr Kilroy was experiencing cannabis intoxication or withdrawal during the crime. Any mental afflictions arising from cannabis consumption, such as withdrawal and psychosis, he claimed, were results of intoxication and are distinct from the disorders classified under the Act.
On Thursday, Mr Justice Hunt clarified to the jury that the Act doesn’t allow intoxication to be used as a defence, stating it as being under the drug’s intoxicating influence. He further reminded the jury that according to Prof. Kennedy, a drug-triggered psychosis equates to being under intoxicating influence. However, Dr Mullaney believes this interpretation stretches too far and intoxication pertains only to the immediate, severe impact of drug usage.
Mr Justice Hunt informed the jury that they must contemplate the common interpretation of “intoxicating influence” during their judgment process. Dr Lisa Wootton was also invited to testify on behalf of the defence, providing evidence that Mr Kilroy was probably affected by a sudden and short-lived mental disorder at the killing’s time. She further ascertained that he satisfied the prerequisites for the particular verdict. Mr Justice Hunt reassured the jury that if they favoured Dr Wootton’s testimony, they could bypass the concept of intoxication.
Mr Kilroy, aged 51, denies the murder charge of his wife in Kilbree Lower, Westport, Co Mayo, attributing his actions to insanity, which occurred between the 13th and 14th of June, 2019.
The jury, having spent under 60 minutes deliberating, plans to resume the discussion on Friday.