It is likely a murder accused husband was not under the influence of cannabis when he killed his wife and that he suffered a psychotic episode due to "the long term effect of chronic cannabis exposure", a toxicologist has told his trial.
James Kilroy (50), has pleaded not guilty by reason of insanity to murdering occupational therapist Valerie French Kilroy (41) at their rural home at Kilbree Lower, Westport, Co Mayo, between June 13th, 2019 and June 14th, 2019.
The jury has heard that Ms French Kilroy died from strangulation with a ligature as well as blunt force trauma to the head and a stab wound to the neck.
The trial also heard that the accused had a long history of cannabis use and was regularly consuming the drug therapeutically in the three years leading up to her death.
Cannabis
Psychiatrist Dr Ronan Mullaney, who was the first expert witness to testify on behalf of the defence, has already told the Central Criminal Court jury that the accused said he had slightly increased his use of a high-THC strain of cannabis called 'AK-47' in the week prior to his wife's death.
Dr Mullaney said he found that Mr Kilroy had a substance-induced psychotic episode when he killed his wife.
In his opinion, the acute psychotic episode was not the result of acute intoxication but was a substance-induced psychotic episode relating to cannabis use in a vulnerable person, he said.
He agreed with counsel for the State, Dean Kelly SC, that the accused knew in 2001 he had a significant problem with drugs, when he was told by a doctor that he needed to abstain or "desist" from drugs in the future.
A second psychiatrist, Professor Keith Rix, who also gave evidence on behalf of the defence, said the accused suffered a psychotic episode 18 years before he killed his wife at their rural Co Mayo home and had used cannabis two weeks prior to the incident.
Clinical toxicologist Dr Johann Grundlingh on Friday told Conor McKenna BL, defending, that he had prepared a report dated July 24th 2022 at the request of the accused's solicitor.
The witness said he was made aware that by June 16th - two days after the killing, a toxicology analysis was performed and the accused's urine was clear from all forms of drugs including cannabis.
Dr Grundlingh said he was also aware that Mr Kilroy had admitted to having last used cannabis on June 7th 2019. Referring to the accused's negative urine test, Dr Grundlingh said cannabis can be detected in urine for up to a month after exposure depending on how heavily it was used.
Psychosis
The doctor said that cannabis is associated with psychosis and schizophrenia in "at risk patients". Giving his opinion, the witness said it was likely that Mr Kilroy was not under the influence of cannabis on June 14th and that his "actions are in keeping with psychosis due to the long term effect of chronic cannabis exposure".
Asked whether the accused could still have been intoxicated with cannabis up to nine days after he had last used the drug, Dr Grundlingh said it was "extremely unlikely" for someone to remain intoxicated with cannabis up to a week after using it.
He said the effect can last for a few hours and up to a day at most when a large amount of cannabis is taken but that it would usually last for up to a few hours.
Under cross-examination, Dean Kelly SC, prosecuting, put it to the witness that he had said in his direct evidence it was perfectly possible that Mr Kilroy had consumed cannabis after June 7th.
"It is possible," replied the witness. "You can say no more from the [urine] test than that it is very likely the consumption of that cannabis is more than two days before the test?" asked Mr Kelly, to which the accused agreed. The trial continues on Monday in front of Mr Justice Paul McDermott and a jury of seven women and five men.
