On Friday, the Central Criminal Court was informed by a prominent psychiatrist that they dispute the idea of considering drug-induced psychosis as a mental illness which could result in a person being declared innocent of serious crimes on the grounds of insanity. Former Clinical Director of the Central Mental Hospital, Professor Harry Kennedy, offered his expert opinion during the trial of James Kilroy. Kilroy has pleaded not guilty to his wife’s murder, Valerie French Kilroy, citing insanity as his defence.
The trial jury has been informed that Mr Kilroy acknowledges killing his wife who suffered death from a combination of suffocation, brutal trauma to her face, and a neck wound inflicted by a knife. He was found nude in a field close to his home following the killing, leading to the decision by the police to take him to Mayo University Hospital to be evaluated under the Mental Health Act, with the possibility of psychiatric unit admission.
Previously in the trial, the defence had called Dr Ronan Mullaney who is a psychiatrist consultant. Dr Mullaney stated that at the killing time, Mr Kilroy was most probably suffering from psychosis induced by cannabis and hence met the qualifying criteria for an “insanity” verdict. According to Dr Mullaney, there had been two recent trials where the defendant’s diagnosis of drug-induced psychosis led to such a verdict.
However, Prof Kennedy countered this argument whilst speaking to prosecution counsel Anne-Marie Lawlor SC on Friday. He stated that conditions like intoxication, psychosis, withdrawal, and delirium are directly influenced by cannabis consumption. However, the Criminal Law (Insanity) Act does not allow intoxication as a legal defence.
Prof Kennedy disagreed with Dr Mullaney’s suggestion that the defendant was diagnosed with a disease akin to schizophrenia as a result of consuming cannabis. For the Professor, schizophrenia is related to internal bodily and brain functions that are beyond a person’s control. He argued that cannabis-induced psychosis would not occur without the intake of cannabis.
Prof Kennedy further noted that people dealing with schizophrenic disorders and those who consume cannabis experience different hallucinations and delusions. He pointed out that the delusions described by Mr Kilroy do not align with typical symptoms of schizophrenia.
Professor Kennedy stated that psychosis induced by cannabis is a direct outcome of cannabis consumption, wherein the toxins present in the drug impair brain function. In his summarisation, Prof Kennedy asserted that the simplest diagnosis for Mr Kilroy was that he was suffering from psychosis precipitated by cannabis usage. He emphasised that this condition doesn’t fulfil the criteria for being classified as a mental illness under the Criminal Law (Insanity) Act. It is crucial to distinguish between substance intoxication and mental health issues, he added.
Prof Kennedy referred to Mr Kilroy as an ‘inconsistent recollector’ who sometimes refuted memory of specific events, only to recall them later. He noted that there may be ‘typical straightforward reasons’ for dubiousness or unreliability, such as intentional deception or feigning illness. Such matters should be considered by the jury, he proposed.
He also determined that Mr Kilroy was fully aware of the implications and nature of his actions when he murdered his wife, recognised that his actions were wrong and had the ability to resist the impulse to kill her.
At the age of 51, Mr Kilroy has entered a ‘not guilty’ plea on the basis of insanity related to the charges of murdering his wife in Kilbree Lower, Westport, Co Mayo, on dates spanning June 13th and June 14th, 2019.