A key witness in the Detective Garda Colm Horkan murder trial has told the Central Criminal Court that he wanted to keep the accused man "away from the guards" on the night of the shooting.
The jury also heard on Friday that Stephen Silver, who denies murder, urinated on his cell floor and may have self-harmed after he was arrested at the scene where the detective was shot dead.
James Coyne told prosecution counsel, James Dwyer SC, that on June 17th, 2020 Mr Silver called to his home in Knockroe, Castlerea early in the day. They talked about a garda raid on Mr Coyne’s home some weeks earlier and they left together in Mr Silver’s van to travel to his home in Foxford in Mayo. Along the way they stopped at Castlerea Garda Station and Mr Silver went inside, but the witness remained in the van.
At Foxford Mr Coyne said they went to Mr Silver’s motorcycle garage where he tried out a Kawasaki 750 racing bike. Mr Silver told him he was a natural and that he could keep the bike. Mr Coyne said he made sure that Mr Silver signed the logbook to ensure that the transfer went through.
They put the bike into Mr Silver’s van and returned to Knockroe where they took turns driving the bike.
Mr Coyne said he didn’t want to go far on the bike because it had no light and he was not insured. After each of them had driven it they left Mr Coyne’s home and walked towards the town to get something to eat.
Along the way Mr Silver wanted to go by Castlerea garda station but Mr Coyne wanted to "keep him away from the guards. I didn’t want him going the second time in case there would be trouble." So they went a different route that kept them away from the garda station.
As they entered the junction of Patrick St and Main St, Mr Coyne recalled that a garda who he recognised drove up in an unmarked car.
The passenger side window was down and Mr Silver "said something in the window", Mr Coyne said. Mr Coyne couldn’t hear what was said but then the garda stopped the car, got out, told Mr Silver, "you’re under arrest" and "grabbed" him.
He added: "He grabbed Stephen, rough like. It turned out to be a bit of a scrap between them." Mr Coyne moved to the doorway of a nearby shop and heard four or five shots.
The witness walked home, he said, adding: "I got away alive by the skin of my teeth."
Gda Enda Mulligan told Michael Delaney SC for the prosecution that he took over as the member in charge of Castlerea station at 3am, about three hours after Gda Horkan was shot.
He said he was made aware that Mr Silver had an injury to the top of his nose which he was told may have been self-inflicted when Mr Silver hit his head off the cell wall or door.
At 3.10am the garda checked on Mr Silver and he was lying on the cell bed and appeared to be sleeping. Five minutes later the garda checked again and Mr Silver was standing in the middle of the cell, urinating on the floor.
At 3.20am Mr Silver complained that he was cold, so Gda Mulligan switched on the heating. When the garda asked Mr Silver for his clothing so that they could be taken for forensic analysis the prisoner refused, but later volunteered his clothes to other gardaí.
Gda Mulligan recalled Mr Silver at one point "marching around the cell… just marching up and down and possibly in an agitated state". At 7am Gda Mulligan told Mr Silver that he was leaving and the prisoner thanked him for all he had done throughout the night. He seemed calm at that point, the garda said.
Gda Mulligan told Gerardine Small SC for the defence that he overheard a conversation between Mr Silver and another garda in which the accused said that guns are dangerous and you need to be trained to use them. He also remembered Mr Silver saying that, "when he woke up this morning, he didn’t think the day would end like this".
Garda Darragh O’Reilly told Mr Delaney that he was the member in charge when Mr Silver arrived at Castlerea Garda Station immediately after the shooting. The prisoner was in a "very agitated state".
At one point the garda saw a cut on Mr Silver's head and blood on the cell wall. A doctor who saw Mr Silver told Gda O'Reilly he was concerned that the prisoner may have self-harmed in the cell and prescribed medication for him. The garda also heard Mr Silver screaming that he "didn’t want to go to jail for years".
Under cross-examination Gda O'Reilly told Gerardine Small SC, for Mr Silver, that the accused told him he was bipolar, was under stress and needed medication. After seeing the doctor and taking medication he became calmer, the garda said.
He also confirmed that the doctor recommended that Mr Silver be assessed by a psychiatrist.
The jury spent the afternoon watching CCTV footage of Mr Silver’s movements on the day of the shooting.
The trial continues on Monday in front of Mr Justice Paul McDermott and a jury of seven men and five women.
