A man who was suffering from a mental disorder decapitated his wife after attacking her with knives in their Dublin apartment, a barrister has told a jury at the Central Criminal Court.
Shane Costelloe SC, for the Director of Public Prosecutions, said the jury will hear that Brazilian man Diego Costa Silva called emergency services and told them that he "thought he had killed his wife".
When gardaí arrived, they found Mr Costa Silva's wife, Fabiola Camara De Campos Silva, with her head "clearly separated from her torso".
Mr Costelloe said the issue for the jury to consider will be whether Mr Costa Silva was suffering from a mental disorder that led to certain consequences for him.
He said that the jury of seven men and five women will hear from two forensic consultant psychiatrists called by the defence and prosecution who agree on Mr Silva's state of mind at the time of the killing.
Mr Costelloe also told the jury that two days before Mr Silva attacked his wife, he was arrested for his own safety after being seen jogging in Dublin city centre "practically naked" in early November. He was brought to hospital but "unfortunately" he was released the following day, Mr Costelloe said.
Diego Costa Silva (35) has pleaded not guilty to the murder of Fabiola Camara De Campos Silva (33) on November 4th, 2021, at Charlestown Place, Finglas, Dublin 11.
Before the trial began, the jury was told that the issue that will most concern them is what is referred to as the "special verdict in respect of insanity".
Opening the trial on Tuesday, Mr Costelloe told the jury that the prosecution alleges that in the early hours of the morning Mr Costa "struck his wife with knives and then severed her head from her body with one of those knives. He decapitated her."
He said Mr Silva called emergency services giving his address and saying he thought he had injured his wife. Armed gardaí went to the apartment and were met by Mr Silva wearing only shorts and flip-flops.
When they entered, gardaí will say that they found Ms De Campos Silva lying prone in a doorway between the bedroom and hall, partially clothed and with a knife protruding from her breast. "Her head was clearly separated from her torso," Mr Costelloe added.
Following the opening, defence barrister Garnet Orange SC made 15 admissions on behalf of his client, including that Ms De Campos Silva died as a result of injuries caused to her by the accused at their home.
Mr Orange said that in due course he will be asking the jury to return a special verdict under the Criminal Law Insanity Act 2006.
Niall Murray of Dublin Fire Brigade was the first witness called. He told Mr Costelloe that he received the 999 call from Mr Costa Silva at about 6.15am on November 4th, 2021.
He said Mr Costa Silva had a "very calm demeanour" and told him that "he thinks he killed his wife" and later said that he had killed her.
The emergency call was played for the jury and Mr Murray agreed with Mr Orange that at the start of the call, Mr Costa Silva could be heard saying: "I have fight with my wife, she tried to kill me."
Garda Peter Kilgallen told Mr Costelloe that he arrived at Mr Costa Silva's apartment within minutes of receiving an emergency call. Members of the Garda Armed Support Unit (ASU) were already there and Garda Kilgallen stood behind one of them as he knocked on the door.
Mr Costa Silva answered wearing just shorts and flip-flops. He had blood on his body and wrists, the garda said, and he told gardaí: "I think I killed my wife."
The ASU members entered and after being informed that the body of a deceased female was inside, Garda Kilgallen arrested Mr Costa Silva on suspicion of murder and handcuffed him.
Garda Kilgallen entered the apartment and saw the body of a female lying between the doorway of one room and the hall. Besides the injury to her head, he could see obvious knife wounds and a knife protruding from the hilt in the area of the left breast.
Garda Kilgallen left the apartment where Mr Costa Silva told him that his wife had "tried to kill me" and later said: "She took my heart, she took my head. I did that because she was cheating on me."
Mr Costelloe read out parts of a pathology report written by State Pathologist Dr Heidi Okkers. Dr Okkers noted the cause of death as "decapitation" with blunt force trauma and asphyxia as contributing factors. She noted other stab wounds and some bruises which could have been defensive in nature.
The trial continues before Mr Justice Michael MacGrath and the jury.
