A 63-year-old man accused of the murder of his elderly mother in a violent incident in his home told gardaí that he had no choice but to kill her as God told him to do it.
The jury in the trial of Brendan Murray (63) of Kincora Court, Contarf, Dublin 3, heard on Thursday that the accused told gardaí he had been told by the Holy Spirit to punch and choke his mother before he alleged that he sexually assaulted her. The Central Criminal Court heard that there was no evidence that Mr Murray had committed a sexual assault on the victim.
Mr Murray has pleaded not guilty by reason of insanity to the murder of Neasa Murray (88), at Kincora Court on August 23rd, 2020.
Criteria for insanity
Opening the case for the prosecution, Anne-Marie Lawlor SC said there was no controversy as to what happened and no controversy about who did it, the issue is whether Mr Murray met the criteria for insanity when he killed his mother.
She said that the defence will call evidence by psychiatrist Dr Brenda Wright who will give her expert view that Mr Murray had schizo-affective disorder and did not know what he was doing was wrong.
“This case is about the psychiatric state of Mr Murray when he killed his mother. Criminal liability is dependent on a guilty mind accompanying guilty acts,” said Ms Lawlor.
Detective Sergeant David Ennis gave evidence to Ms Lawlor that Ms Murray, a mother of five, lived at the family home at the nearby Kincora Drive and acted in a carer role for her son Brendan. Det Sgt Ennis said that Mr Murray’s neighbours observed him on the day outside his home in pyjamas looking dishevelled. A neighbour assisted him in ringing his mother as he said he was locked out and wanted his mother to bring a key.
The neighbour said Mr Murray’s behaviour was erratic and he was gathering bins and using a crutch as though it were a rifle. “I’m kind of confused,” Mr Murray told the neighbour.
Det Sgt Ennis said that a neighbour also told gardaí that Mr Murray had said that God had told him to stop taking his medication and with the help of God, he would get better. The neighbour said that Mr Murray appeared “very spaced out”.
Ms Murray arrived and she and her son went into the house before they later came back out and Ms Murray got into her car. Mr Murray, who the neighbour said now appeared to be wearing clothes, put his hand on her wrist and she went back into the house.
Screaming
Det Sgt Ennis said that another neighbour told gardaí she heard screaming from the house and heard Mr Murray screaming at his mother. The neighbour said she could hear Ms Murray being attacked, so she got her husband to ring the gardaí. The neighbour also thought she heard a moment of laughter but could not be sure.
When the gardaí arrived at the scene, Mr Murray opened the door with blood on his trousers, jumper and hands. Det Sgt Ennis said that Mr Murray told gardaí he had killed his mother.
The gardaí found Ms Murray lying face up covered in blood, with a lot of blood on the floor surrounding her. There was a pool of blood above her head and blood on her face.
Her top was pulled up to just below the bust and her trousers and underwear were pulled down. Det Sgt Ennis said that it was immediately clear that Ms Murray had been the subject of a violent incident and there was no prospect of saving her.
A post-mortem revealed the cause of death to be asphyxia due to mechanical obstruction of the airway and blunt force trauma to the head.
Det Sgt Ennis said that when arrested and brought to the garda station, Mr Murray struggled in his seat, shouted abusively and prayed out loud. At one point the gardaí thought he was having a heart attack, but he was in fact masturbating. He made numerous attempts to run at the door and run at gardaí, and he also made references to the bible and God.
Det Sgt Ennis said that Mr Murray told gardaí: “I had to do it, I had no choice, God made me do it. I was in the special forces. I have Lyme disease.”
Det Sgt Ennis said that there no evidence of sexual assault.
Det Sgt Ennis said the accused delivered a “stream of consciousness reflection about abuse and hostages” during garda interview.
Reciting prayers
He said the accused said his mother “was shocking strong for 88” and that she died of a heart attack due to “divine intervention”. Det Sgt Ennis said Mr Murray was crying and appeared to be reciting prayers. Mr Murray told the gardaí he “started punching her around the place” because God told him to. Det Sgt Ennis said the accused also sang a religious song during the interview.
Det Sgt Ennis said that the accused’s interviews with gardaí were “jumbled” and very hard to write down.
“Our lord told me I had to kill her, it was her or me. God was telling me to do it. She went into shock, I was told by God to keep going,” Mr Murray said.
“The Holy Spirit was telling me to keep boxing her. The Holy Spirit directed me to box her nine times. I was trying to choke her; I was told by the Holy Spirit to choke her.”
Det Sgt Ennis said that Mr Murray told gardaí: “I was choking her a lot. I heard her gurgling sound. I said: “You’re going to die in your own vomit.” I needed to kill her.”
Det Sgt Ennis said that Mr Murray told gardaí that the Holy Spirit told him to pull down her trousers and insert the plug from his travel fridge into her. The detective confirmed to Ms Lawlor that Ms Murray was not found in such a condition.
In response to cross-examination by defence counsel Padraig Dwyer SC, Det Sgt Ennis said that Mr Murray has no previous convictions. He confirmed that the alleged sexual assault Mr Murray claimed to have carried out was not reflected in the crime scene.
The trial continues on Friday before Ms Justice Eileen Creedon and the jury of eight men and four women.
