A 36-year-old man on trial for murder will admit that he strangled his partner to death at the home they shared in Co Meath, a barrister has told a jury at the Central Criminal Court.
Sean Guerin SC opened the trial for the prosecution of Andrei Dobra on Tuesday morning, telling the six men and six women of the jury that they will have to consider whether Mr Dobra was suffering from a mental disorder when he killed Ioana Mihaela Pacala (30).
Mr Guerin said the accused and Ms Pacala, both Romanian nationals, were in a relationship and had recently moved to a duplex apartment in Ratoath, Co Meath. During a phone conversation on November 12th, 2022, Mr Dobra told a woman he "thought he had killed Ioana".
The woman contacted emergency services and gardaí. When gardaí arrived, Mr Dobra was "calm in appearance", Mr Guerin said, and led them to Ms Ioana's body in a bedroom of their home.
An ambulance crew that arrived around the same time will say that Ms Pacala was "clearly dead" and there were indications she had been dead for some time, Mr Guerin said.
State Pathologist Dr Margaret Bolster concluded that Ms Pacala was strangled and died from a lack of oxygen to the brain.
Mr Guerin said the defence will make a number of admissions, including that Mr Dobra killed Ms Pacala by strangulation at an unknown time on November 12th, 2022 at their home at Riverwalk Court, Fairyhouse Road in Ratoath.
The accused, counsel said, has pleaded not guilty by reason of insanity and two psychiatrists called by the defence and prosecution will give evidence that Mr Dobra was suffering from a mental disorder at the time of the killing.
Mr Guerin said the accused's plea is that he was "suffering from an irresistible compulsion or total absence of reason" that qualifies him for the special verdict of not guilty by reason of insanity. Mr Guerin also told the jury that under the Criminal Law (Insanity) Act a person who intentionally kills another can be found guilty of manslaughter rather than murder on the basis of diminished responsibility due to a mental disorder.
Consultant psychiatrist Dr Brenda Wright will tell the jury that Mr Dobra was suffering a major depressive episode with psychotic symptoms at the time of the killing.
She will say that he believed his life was in danger and that his actions in killing his partner were therefore morally justified. She will also say that he did not understand that killing Ms Pacala was wrong.
Professor Patrica Casey, who will be called by the defence, will say that Mr Dobra was suffering from schizo-affective disorder and was psychotic at the time. At a minimum, Mr Guerin said both psychiatrists agree that Mr Dobra's mental disorder was such as to diminish his mental capacities.
While experts give evidence, Mr Guerin said it is for the jury to decide questions of fact and to return a proper verdict in accordance with the evidence.
The trial continues before Ms Justice Melanie Greally and a jury of six men and six women.
